1. Introduction

Dear website visitor,

Starting with May 25, 2018, the European Union has set up the European Regulation 2016/679 on the protection of individuals regarding the processing of personal data and the free movement of such data (“the Regulation”) is applicable.

  1. We are committed to safeguarding the privacy of our website visitors and service users.
  2. This policy applies where we are acting as a data controller with respect to the personal data of our website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.
  3. We use cookies on our website. Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.
  4. Our website incorporates privacy controls which affect how we will process your personal data. By using the privacy controls, you can specify whether you would like to receive direct marketing communications and limit the publication of your information. You can access the privacy controls via www.buildsoft.eu.
  5. In this policy, "we", "us" and "our" refer to BuildSoft. For more information about us, see Section 12.
  6. This Privacy Statement was last updated on the 2nd of June 2021.

2. How we use your personal data

  1. In this Section 2 we have set out:
    1. the general categories of personal data that we may process;
    2. the purposes for which we may process personal data; and
    3. the legal bases of the processing.
  2. We may process data about your use of our website and services ("usage data"). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is our analytics tracking system. This usage data may be processed for the purposes of analysing the use of the website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our website and services.
  3. We may process your account data ("account data"). The account data may include your name, email address, account username, and account password. The source of the account data is you or your employer. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.
  4. We may process your information included in your personal profile on our website ("profile data"). The profile data may include your name, company address, telephone number, email address, educational details and employment details (occupation, industry, professional licenses, employment history, and other qualifications). The profile data may be processed for the purposes of enabling and monitoring your use of our website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business.
  5. We may process information that you post for publication on our website or through our services ("publication data"). The publication data may be processed for the purposes of enabling such publication and administering our website and services. The legal basis for this processing is consent.
  6. We may process information contained in any enquiry you submit to us regarding goods and/or services (commercial information, such as details about your subscription plans, the offerings that you have purchased, used and/or expressed interest in) ("enquiry data"). We may also store visual, audio, and electronic information, such as your picture or signature; records of our interactions, such as correspondence, details of complaints and their resolutions, service records; your preferences, including your preferred tools, experience, language, and the frequency at which you wish to receive marketing communications. The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is consent.
  7. We may process information relating to our customer relationships, including customer contact information ("customer relationship data"). The customer relationship data may include your name, your employer, your job title or role, your contact details, and information contained in communications between us and you or your employer. The source of the customer relationship data is you or your employer. The customer relationship data may be processed for the purposes of managing our relationships with customers, communicating with customers, keeping records of those communications and promoting our products and services to customers. The legal basis for this processing is our legitimate interests, namely the proper management of our customer relationships.
  8. We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters ("notification data"). The notification data may be processed for the purposes of sending you the relevant notifications and/or newsletters. The legal basis for this processing is consent.
  9. We may process information contained in or relating to any communication that you send to us ("correspondence data"). The correspondence data may include the communication content and metadata associated with the communication. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.
  10. We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.
  11. We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.
  12. In addition to the specific purposes for which we may process your personal data set out in this Section 2, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.
  13. Please do not supply any other person's personal data to us, unless we prompt you to do so.

3. Providing your personal data to others

  1. We may disclose your personal data to any member of our group of companies (this means our subsidiaries, our ultimate holding company and all its subsidiaries) insofar as reasonably necessary for the purposes, and on the legal bases, set out in this policy.
  2. We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.
  3. Financial transactions relating to our website and services are handled by our payment services providers, Digital River and PayPal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers' privacy policies and practices at https://www.digitalriver.com/corporate-policies/#collection_of_information,_including_use_of_cookies and https://www.paypal.com/be/webapps/mpp/ua/privacy-full.
  4. In addition to the specific disclosures of personal data set out in this Section 3, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

4. International transfers of your personal data

  1. In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).
  2. We have offices and facilities in Belgium and Spain. The European Commission has made an "adequacy decision" with respect to the data protection laws of each of these countries.
  3. We may disclose user data, profile data, publication data, enquiry data, customer relationship data and correspondence data to resellers of our products, identified at our distributors page.
    insofar as reasonably necessary for the proper administration of our business, offering you local sales service & support and management of our customer relationships.
  4. You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

5. Retaining and deleting personal data

  1. This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.
  2. Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
  3. We will retain your personal data as follows:
    1. account and profile data will be retained for a minimum period of 1 year following registration date or first contact from your side, and for a maximum period of 7 years following the date of last online activity or contact from your side.
  4. In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:
    1. the period of retention of any account, profile & customer relation data will be determined based on the customer relationship period.
  5. Notwithstanding the other provisions of this Section 5, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

6. Amendments

  1. We may update this policy from time to time by publishing a new version on our website.
  2. You should check this page occasionally to ensure you are happy with any changes to this policy.
  3. We may notify you of significant changes to this policy by email or through the private messaging system on our website.

7. Your rights

  1. In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.
  2. Your principal rights under data protection law are:
    1. the right to access;
    2. the right to rectification;
    3. the right to erasure;
    4. the right to restrict processing;
    5. the right to object to processing;
    6. the right to data portability;
    7. the right to complain to a supervisory authority; and
    8. the right to withdraw consent.
  3. You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.
  4. You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.
  5. In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.
  6. In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.
  7. You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.
  8. You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.
  9. You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.
  10. To the extent that the legal basis for our processing of your personal data is:
    1. consent; or
    2. that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering a contract, and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.
  11. If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.
  12. To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.
  13. You may exercise any of your rights in relation to your personal data by written notice to us.

8. Use of Google Analytics

  1. We use Google Analytics, a web analytics service of Google Inc. (“Google”). Google Analytics uses so-called cookies. These are text files saved on your computer that allow you to analyze the behavior of the user on the website.
  2. The information generated by the cookie using our website is usually transferred to a Google server in Europe (or in the other states party to the Agreement on the European Economic Area) so that the IP address is anonymized, which means it cannot be directly linked to a particular individual. The truncated IP address is sent to a Google server in the U.S. and stored there only after the IP address has been anonymized. Only in exceptional cases the full IP address will be transferred to a Google server in the USA and truncated there.
  3. Google uses this information on behalf of the operator of our site to evaluate the use of the site, to compile reports about website activity for the operator, and to perform additional services related to the use of the website and the Internet regarding the web operator. When you visit our website, your browser sends your IP address in connection with Google Analytics and is not combined with other data from Google. You can choose to block the cookies related to Google Analytics via a setting in your browser software. Please note that in this case you may not be able to fully utilize all the features of our website. At the following link https://tools.google.com/dlpage/gaoptout?hl=en you can download and install a browser plugin that allows you to prevent the capture of the data generated by the cookie and your use of the website (including your IP address) on Google.

9. Use of a newsletter

  1. When you sign up for the newsletter, you are asked to provide your name, surname, and the email address. At any time, you can unsubscribe by clicking on the button at the end of any newsletter you receive or by sending us an email. By unsubscribing, we will not send you emails anymore.

10. Content embedded from other sources

  1. We may use embedded content on our website (such as videos, images, articles, etc.). Content embedded from other websites behaves exactly as if visitors viewed another website.
  2. These websites may collect data about you, use cookies, include additional third-party tracking, and monitor your interaction with embedded content. If you are logged into those websites/social platforms, your activity may be tracked.
  3. As they may have different policies regarding the collection and processing of personal data, you may want to read the privacy policies of these external sources.

11. About cookies

  1. Every website uses so-called cookies in several locations. Cookies are small files that a site or its service provider transfers to the hard drive that belongs to your computer, via Web Browser (if you allow it), which allows websites or service provider systems to recognize your browser – and to capture certain information.
  2. Cookies are not harmful to your PC and do not contain viruses. They make the website more friendly, efficient, and safe for the users.
  3. Our website uses cookies to operate and provide better content, to be able to enjoy your experience, to understand how the content performs and to be able to customize the content based on your needs. In addition, it may use cookies to remind you of your choices, such as language preferences, to provide you with a more secure experience, and to personalize the content.
  4. Please read our Cookie policy for more details.

12. Our details

  1. This website is owned and operated by BuildSoft.
  2. We are registered in Belgium under registration number BE 0439 002 796, and our registered office is at Hundelgemsesteenweg 244-1, 9820 Merelbeke.
  3. Our principal place of business is at Hundelgemsesteenweg 244-1, 9820 Merelbeke.
  4. You can contact us:
    1. by post, to the postal address given above;
    2. by telephone, on the contact number published on our website; or
    3. by email, using the email address published on our website.