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PRIVACY POLICY

Definitions

For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.

  • Website (referred to as either "the Website", "Site", "We", "Us" or "Our" in this Agreement) refers to BIMShell.app

  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

  • Country refers to: New South Wales, Australia

  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

  • Personal Data is any information that relates to an identified or identifiable individual.

  • Service refers to the Website.

  • Service Provider means any natural or legal person who processes the data on behalf of the Website. It refers to third-party companies or individuals employed by the Website to facilitate the Service, to provide the Service on behalf of the Website, to perform services related to the Service or to assist the Website in analyzing how the Service is used.

  • Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.

  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

  • Website refers to BIMShell, accessible from www.bimshell.app, including all corresponding sub-domains.

  • You (referred to as either "You" or "User") means the individual accessing or using the Service, or the Website, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Purpose

The purpose of this privacy policy (this "Privacy Policy") is to inform users of our Site of the following:
  1. The personal data we will collect;
  2. Use of collected data;
  3. Who has access to the data collected;
  4. The rights of Site users; and
  5. The Site's cookie policy.
This Privacy Policy applies in addition to the terms and conditions of our Site.

GDPR

For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the "GDPR"). For users in the United Kingdom, we adhere to the GDPR as enshrined in the Data Protection Act 2018. We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.

Consent

By using our Sitem, users agree that they consent to the conditions set out in this Privacy Policy. When the legal basis for us processing your personal data is that You have provided your consent to that processing, You may withdraw your consent at any time. If You withdraw your consent, it will not make processing which we completed before You withdrew your consent unlawful. You can withdraw your consent by contacting us at feedback@bimshell.app. Note that this may lead to the cancellation of your account and any ongoing subscription along with it. This cancellation will fall under the Subscriptions conditions defined in the Terms and Conditions of BIMShell.app.

Legal Basis for Processing

We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR. We rely on the following legal basis to collect and process the personal data of users in the EU: Users have provided their consent to the processing of their data for one or more specific purposes.

Personal Data We Collect

We only collect data that helps us achieve the purpose set out in this Privacy Policy. We will not collect any additional data beyond the data listed below without notifying You first.

Data Collected Automatically

When You visit and use our Site, we may automatically collect Usage Data. Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Site by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Data Collected in a Non-Automatic Way

We may also collect the following data when You perform certain functions on our Site:

  • Email address

  • First name and last name

  • Profile picture

This data may be collected when You create an account.

How We Use Personal Data

Data collected on our Site will only be used for the purposes specified in this Privacy Policy or indicated on the relevant pages of our Site. We will not use your data beyond what we disclose in this Privacy Policy.

We may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.

  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application's push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

  • To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that You have already purchased or enquired about unless You have opted not to receive such information.

  • To manage Your requests: To attend and manage Your requests to Us.

  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

Information from Third-Party Social Media Services

The Site may allow You to create an account and log in to use the Service through the following Third-party Social Media Services:

  • Google
  • Facebook
  • Twitter

If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service's account, such as Your name, Your email address, Your activities or Your contact list associated with that account.

You may also have the option of sharing additional information with the Website through Your Third-Party Social Media Service's account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Website permission to use, share, and store it in a manner consistent with this Privacy Policy.

Who We Share Personal Data With

We may share Your personal information in the following situations:

  • With our Employees: We may disclose user data to any member of our organisation who reasonably needs access to user data to achieve the purposes set out in this Privacy Policy.
  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Website assets, financing, or acquisition of all or a portion of Our business to another Website.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent Website and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Other Disclosures

We will not sell or share your data with other third parties, except in the following cases:
  • If the law requires it;
  • If it is required for any legal proceeding;
  • To prove or protect our legal rights; and
  • To buyers or potential buyers of this Website in the event that we seek to sell the Website.

How Long We Store Personal Data

We retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

How We Protect Your Personal Data

The security of Your Personal Data is important to Us. In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities. While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm. The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.

International Data Transfers

Your Personal Data may be stored in servers and facilities located wherever our third-party partners have them. Those servers are generally chosen near Your location to guarantee You a rapid access to Your Data. When we transfer User Personal Data, We will protect that data as described in this Privacy Policy and comply with applicable legal requirements for transferring personal data internationally.

If You are located in the United Kingdom or the European Union, we will only transfer your personal data if: The country your personal data is being transferred to has been deemed to have adequate data protection by the European Commission or, if You are in the United Kingdom, by the United Kingdom adequacy regulations; or We have implemented appropriate safeguards in respect of the transfer. For example, the recipient is a party to binding corporate rules, or we have entered into standard EU or United Kingdom data protection contractual clauses with the recipient.

Your Rights as a User

Under the GDPR, You have the following rights:
  • Right to be informed;
  • Right of access;
  • Right to rectification;
  • Right to erasure;
  • Right to restrict processing;
  • Right to data portability; and
  • Right to object.

Children

We do not knowingly collect or use personal data from children under 16 years of age. If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible. If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy officer. How to Access, Modify, Delete, or Challenge the Data Collected If You would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if You would like your data to be deleted or modified in any way, or if You would like to exercise any of your other rights under the GDPR, please contact us at feedback@bimshell.app.

Do Not Track Notice

Do Not Track ("DNT") is a privacy preference that You can set in certain web browsers. We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals. We are not responsible for and cannot guarantee how any third parties who interact with our Site and your data will respond to DNT signals.

Cookie Policy

A cookie is a small file, stored on a user's hard drive by a website. Its purpose is to collect data relating to the user's browsing habits. You can choose to be notified each time a cookie is transmitted. You can also choose to disable cookies entirely in your internet browser, but this may decrease the quality of your user experience. We use the following types of cookies on our Site:

Functional cookies

Functional cookies are used to remember the selections You make on our Site so that your selections are saved for your next visits;

Analytical cookies

Analytical cookies allow us to improve the design and functionality of our Site by collecting data on how You access our Site, for example data on the content You access, how long You stay on our Site, etc;

Targeting cookies

Targeting cookies collect data on how You use the Site and your preferences. This allows us to personalise the information You see on our Site for You; and

Third-Party Cookies

Third-party cookies are created by a website other than ours. We may use third-party cookies to achieve the following purposes: Cookies related to Google Firebase services.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Modifications

This Privacy Policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process. When we amend this Privacy Policy we will update the "Effective Date" at the bottom of this Privacy Policy. We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates. If necessary, we may notify users by email of changes to this Privacy Policy.

Complaints

If You have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, where possible, resolve the issue. If You feel we have not addressed your concern in a satisfactory manner You may contact a supervisory authority. You also have the right to directly make a complaint to a supervisory authority. You can lodge a complaint with a supervisory authority by contacting the Information Commissioner's Office in the UK, Data Protection Commission in Ireland.

Contact Information

If You have any questions, concerns or complaints, You can contact Us at: feedback@bimshell.app.


Effective Date: 2nd day of June, 2023