SECTION I: Section for StratusVue global application
1. Who We Are.
1.1 References to “We”, “Us”, or “Our” in this privacy notice, mean the following data controllers, who determine how (and for what purposes) your personal data is used:
BIMfx Inc.dba: StratusVue
38West Grand Suite 100 Fox Lake, IL 60020 if:
(a) you use a StratusVue or StratusDrive, mobile applications or other digital platforms (together, “Digital Platforms”)
(b) you call one of Our support or call centers;
2.1 Your privacy is very important to Us and We want to be open with you about how We use your personal data – that is the information that identifies you as an individual – to make sure that you have the best possible experience. In this privacy notice We explain:
(a) what information We collect about you;
(b) what We may do with it; and
(c) what your rights are
2.2. We want you to understand how We use your personal data, how We keep it safe and what your rights are. Summarized below are the main circumstances in which We use Your personal data:
(a) We collect your personal data when you use Our websites, mobile application(s), other digital platforms (together, “Digital Platforms”), or call Our call centers. For example, We collect:
– your contact details, but not limited to; Name, Address, Email, Phone and Place of Employment, along with your role of usage within the digital platforms;
– details about your site usage with us;
(b) We use your personal data to understand what you might be interested in and to make Our emails, texts, and system upgrades and software offers more relevant to you
(c) We need to use your personal data to give you the best possible experience
(d) To provide Our services to you, We may need to share your personal data with:
(i) Our joint ventures, development partner and partner brands and Our affiliates and subsidiaries and;
(ii) Our Suppliers – When we say “Suppliers” in this privacy notice, We mean the parties who provide us with products and services that enable us to run Our business. This includes third parties who help Us to deliver your user experience, such as preferences on your role of usage within the system, and who assist us to run Our business, such as accountants, consultants, auditors, IT service and platform providers, insurance providers, and legal advisers (together, Our “Suppliers”). We choose Our Suppliers carefully and put in place safeguards to help protect your personal data and;
(iii) Our Business Partners – When we refer to “Business Partners” we mean companies with whom we have partnered to complement the products and services we provide to you, such as ERP providers.
– Who’s responsible for your personal data?
– What personal data do We collect or receive?
– How We use your personal data and who We share it with
– Profiling and personalized marketing
– Cookies and other tracking technologies
– International transfers of personal data
– Legal basis for Our use of your personal and legitimate interests
– Data retention
– Your rights
– Contact Us and complaints
4. Who’s responsible for your personal data?
4.1 As a data controller, We are responsible for the personal data you provide to Us and will only share such personal data with Our Suppliers and Business Partners if We have a legitimate reason permitted by law, such as your consent.
5. What personal data do We collect or receive?
5.1 The following are examples of the categories of your personal data that We process alongside information on how and/or when We get that personal data:
6. How We use your personal data and who We share it with
6.1 This section explains how We use the personal data listed above and who We share it with.
6.2 We use your personal data:
(a) To help you contact Our customer support services
When you get in touch with Our customer support services (whether through the Digital Platforms or otherwise), We will process your personal information so that you receive the best customer service possible.
(b) To make Our Digital Platforms easy to use and enhance your experience
The personal data We collect when you use Our Digital Platforms helps Us to make sure that Our Digital Platforms work well (for example, so that We know it is you when you sign into your account). We’re often improving Our Digital Platforms and content therein to enhance your use of Our Digital Platform experience, and data about how you use Our site helps Us to do that. We also use this data to help Us understand interest in the different sections of Our Digital Platforms and the products and services that We sell. We also use your data to make the process more convenient. For example, We can remember what you have searched for so you can pick up where you left off. We also use your information to fix operational problems with the Digital Platforms such as software bugs and to maintain the safety and security of the Digital Platforms.
(c) To manage your relationship with Us as a collaborator or a consumer and to deliver personalized service
When you use Our Digital Platforms, We create a consumer profile of you in Our systems. This is your digital profile that brings the personal data that We maintain and identifies you across the StratusVue and StratusDrive systems. Your consumer profile lets Us deliver a personalized experience when you contact Us by phone or email. We also use your consumer profile to personalize the marketing communications that We send you. We also sometimes use your details to ask for feedback on Our services.
(d) To process payments and invoicing
When you purchase the Digital Platforms (whether in relation to a certain product or services such as Invitation to Bid or PlansandSpecs), We will process your payment details to process the transaction.
(e) For marketing and promotional purposes
We use your contact details for Our marketing and promotions, including to send you information about the products and services that We offer. We also use your personal data to personalize Our marketing communications to make them more relevant for you and to measure engagement with Our marketing campaigns.
(f) For compliance with Our legal obligations We are sometimes subject to certain legal requirements to collect, retain, and disclose your personal data, for example for Civil, State or Federal Agencies, We need to cooperate with law enforcement agencies, including in relation to criminal investigations. Pursuant to the United States’ Stored Communications Act (the SCA), We may be considered a provider of electronic communication services for certain services We offer through the Digital Platforms (because We provide users of the Digital Platforms the ability to send or receive wire or electronic communications). In such instances, We will not turn over records or other information pertaining to you unless compelled to do so by a Court of competent jurisdiction pursuant to the provisions of the SCA.
(g) For Our business operations
We may use your personal data for business management activities, including to assist with incident management and to enable Us to conduct reporting. Reports help Us to monitor Our performance and the performance of Our Suppliers. Additionally, We keep records to assist with any complaints you may have or in the event of a legal claim. We also process your feedback to improve Our products and services.
6.3 We may share your personal data with the following recipients for the purposes listed above:
(a) Our Suppliers
(b) Our Business Partners
(c) Other third parties
We may share your personal data with other third parties at your request. Our Digital Platforms may provide links to websites or other digital tools that We believe may be useful to you in addition to advertisements placed by third parties. These may lead you to websites or digital tools operated by third parties operating under their own privacy policies. We encourage you to review those privacy policies, as We have no control over those third parties nor the information you may submit to those third parties.
7. Calling Our call centers
7.1 In certain circumstances, We may re-route calls from Our call centers which are based inside the United States to call centers based outside of the United States or EEA. In these circumstances, We will let you know at the beginning of your call that your call is being rerouted.
8. Direct marketing
8.1 Marketing communications from Us – We may contact you for marketing purposes, including to tell you more about Our services, share news or tell you about promotions from time to time. You are in control of the emails and texts that you receive, and you can update your preferences or opt out at any time via your Account, following the links in Our emails or by contacting Us using the details provided below. Even if you have opted out of marketing messages, We will still need to contact you in relation to your collaboration with Our Digital Platforms.
8.2 Marketing communications from other members of the StratusVue Group– Some of the services and activities provided are managed by other members of the StratusVue Group. These members may contact you about those services and activities – including information and promotions – if you have opted-in to receive marketing communications from the StratusVue Group or where permitted by applicable law. You can opt out at any time using the same options above.
9. Profiling and personalized marketing
9.1 Profiling overview: We think it is important for Us to understand the types of solutions that Our consumers are interested in so that We can make Our marketing relevant and targeted. To do this, We use your data to build a profile for you that lets Us work out which of Our marketing segments is the best fit for you.
9.2 The data We use: From the data that We hold about you, Our model can consider your age, gender, household or travel composition, postcode, how you have interacted with Our websites and marketing emails and your history. We do not always use all these data categories if We do not have the information about you or it is not relevant for Our marketing activities.
9.3 How We build your profile and what We learn from it:
(a) Statistical analysis – We use the data above as inputs for a proprietary statistical model, the output of which can tell Us about your previous or likely future behavior, for example:
– the value or likely value of the digital systems you use with Us;
– the extent to which you engage with Our marketing emails.
(b) Marketing segments – We try to match every consumer with one or more predefined segments that allow Us to broadly tailor Our marketing messages for the right audience. We define Our segments using broad demographic data. You will share a segment with other consumers, so this process is generally not highly individualized.
9.4 Here’s an example: Let’s say you have just signed up on Our websites (giving Us your contact details) and you have never used our digital platform before before. Over the next few days you search for Plans and Specs that are generally popular with your role and software usage (giving Us website interaction data). We might use that data to add you to one of Our segments so that you get relevant emails from Us.
9.5 What this means for you: Tailoring Our marketing campaigns to your profile or segment means you should receive more relevant communications from Us. That’s good for Us because We think you are more likely to use a digital platform that matches your requirements. We hope that’s good for you, too, because it helps you to find the tools that you are interested in. We might also send you special offers.
9.6 Targeted advertising on third party social media platforms and websites: We may share your personal data – including your name, email address, address and date of birth – with third party social media platforms, including LinkedIn, and websites for the purposes of allowing those platforms to display targeted advertisements to you. You can ask Us not to share your personal data with platforms, but you will need to contact the platform with any requests in relation to how the platform uses your personal data because We do not control that.
9.7 You can opt out: You are in control of your personal data. You can update your marketing preferences or opt out of personalized marketing at any time using your Account or, where you do not have an Account, by either clicking a link in an email marketing communication, replying STOP to an SMS text message or by calling the sender of any marketing communication.
10. Cookies and other tracking technologies
11. Data retention
11.1 We retain your personal data only for as long as necessary:
– for the purposes set out in this privacy notice;
– to provide Our products and services to you;
– to comply with Our legal obligations (e.g., to comply with tax or accounting rules or in connection with legal proceedings); or
– to comply with Our usual business data retention policies.
12. Acting on someone else’s behalf
12.1 If you give Us information about another person (or persons), such as another project member, We will understand this to mean that they have appointed and authorized you to act on their behalf. This includes providing consent (to the extent this is required) to:
(a) Us processing their personal data and;
(b) you are receiving any information protection notices on their behalf.
We may ask you to provide evidence that you have been appointed and authorized to act on behalf of the other person (or persons).
13. Changes to this privacy notice
13.1 This privacy notice may be updated from time to time for any reason. Updates to Our privacy notice will be posted to the Digital Platforms.
13.2 In the event We are involved in a merger, acquisition, or sale of all or a portion of Our assets, you will be notified via email and/or in a prominent notice on Our Digital Platforms of any change in ownership or uses of this information, as well as any choices you may have regarding this information
14. Contact Us and complaints
14.1 If you require any other information about any part of this notice, you can contact our Data Protection Officer at BIMfx Inc. at the mailing addresses above or via email at firstname.lastname@example.org
SECTION II: Heightened European Union requirements / compliance with the General Data Protection Regulation
This section applies to you if:
– you use our Digital Platforms while in the EEA;
– your data controller is BIMfx Inc. dba: StratusVue (to determine your data controller, see section I.1 above);
– your personal data is processed on our digital platforms.
1. Legal basis for Our use of your personal data and legitimate interests
1.1 Legal basis – We only process your personal data to the extent that at least one of the following applies:
(a) you have consented to the processing of your personal data for a specific purpose – We process your sensitive personal data and send you electronic direct marketing communications based on your consent for Us to do that;
(b) the processing is necessary for Us to perform Our contract with you (e.g., to provide construction project management software) or for use to take steps at your request before We enter into the contract;
(c) where We need to process your personal data to comply with a legal obligation that We are subject to;
(d) where We need to process your personal data to protect your vital interests (or somebody else’s), including where you are physically or legally incapable of giving consent, for example in case of a medical emergency;
(e) the processing is necessary for Us to establish, exercise or defend a legal claim; or
(f) the processing is necessary for the purposes of Our legitimate interests or a third party’s legitimate interests.
1.2 Legitimate interests – We rely on several legitimate interests for using and sharing your personal data, including:
– improving Our products and services;
– understanding how use Our Digital Platforms;
– marketing and promotional activities;
– identifying and pursuing new ways to develop and grow Our business.
2. International data transfers
2.1 We are a global business and as such We may need to share your personal data with other members in the StratusVue Group for the purposes as outlined in this privacy notice.
This means that We may transfer your personal data outside of the United States (including to the EEA as this is where the servers that We use for Our business and on which your personal data is stored are located). Sometimes transferring your personal data outside the United States will be necessary for Us to perform Our contract with you (e.g., to provide your software). We use the European Commission’s standard data protection clauses (also known as Model Clauses) to provide safeguards for your personal data that is transferred outside the United States so you can rest assured that the StratusVue Group seeks to adhere to the strict standards of data security and usage.
3. Your rights
3.1 You have the right to ask Us to:
– restrict Our processing of your personal data;
– object to Our processing of your personal data;
– request that We move your personal data to another organization;
– object specifically to Us using your personal data for profiling for direct marketing purposes; or
– provide a copy of your personal data in an easily accessible format.
3.2 You also have the right to make a complaint about how We process your personal data to your data protection supervisory authority.
3.3 Where you have specifically consented to Our use of your personal data, you have the right to withdraw that consent at any time. Please contact Us if you want to do this. See our website for contact details.
Welcome to the StratusVue Online Terms of Service. We appreciate your business and thank you for taking an interest in our Terms of Service.
By entering your User ID and password during the account login process, you intend and consent to their use as an electronic signature, equivalent to your handwritten signature as provided under applicable federal and state law. This electronic signature shall only apply to these Terms of Service.
By selecting, “Login” you hereby authorize StratusVue to initiate entries to your activity log and account as indicated by project Site User access.
You are responsible for maintaining the confidentiality of your account Username and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If there is a breach of the confidentiality of a password or Username assigned to the Site User, or any breach of security through Site Users’ account, then the Site User shall notify StratusVue immediately by contacting us at email@example.com.
Understand that you are responsible for all changes to the project website in conjunction with your StratusVue account by you or other authorized to act as you. You agree that notices related to this account may be sent to you via e-mail.
StratusVue reserves the right to change the Terms of Service from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Service posted on the Site at the time of such use.
This Agreement is void where prohibited by law, and the right to access the Site, Materials and Services is revoked in such jurisdictions. The Materials and Services on this Site, including, but not limited to, the compilation of all content, are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, StratusVue and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, rights in trade secrets, or other intellectual property rights with respect to the Materials and Services or content provided. Except as expressly permitted herein, no portion of the Materials on this Site may be reproduced in any form or by any means without the prior written permission of StratusVue. 38 West Grand, Suite 100. Fox Lake, IL 60020
You will not be able to download or install any software that is accompanied by or includes an end-user license agreement unless you agree to the terms of this end-user license agreement. If you do not agree to the terms, you will not be able to use the software. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of any of the software available on or through the Site, unless, and only to the extent that, applicable law prohibits contractual limitations upon your right to do so, and then only after you have notified StratusVue in writing of your intended activities.
The documents, content and information may be used solely for personal, informational, and internal purposes. Except as expressly permitted, the documents and information may not be modified or altered in any way. Except as expressly permitted, the documents and information on the Site may not be distributed without permission of the creator or project owner. You may not remove any copyright, trademark or other proprietary notices contained in the documents and information. StratusVue and our licensor’s reserve the right to revoke the authorization to view, download, and print the documents, Materials, software, and information available on this Site at any time.
Certain portions of the Site are only available to individuals and entities that have become registered Site Users’ of the Site as described in these Terms of Service. The Services or Materials available to Site Users may include services provided by StratusVue and by third parties Associates. To become a Site User of StratusVue, submit a complete registration form.
By submitting a registration form, you represent and warrant (a) that you are 18 years of age or over, and (b) you personally are signing up as a Site User, or (iii) that you are signing up as a Site User on behalf of an organization you have identified in the registration form and are authorized to sign for and bind that entity; and (c) the information on the registration form is current, complete, and accurate.
Site User is responsible to periodically review and update registration information to ensure that it continues to be current, complete, and accurate. StratusVue reserves the right to accept or reject Site User registrations for StratusVue products.
StratusVue EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY MATERIALS OR SERVICES ON THE SITE, OR ANY THIRD-PARTY INFORMATION OR SERVICES AVAILABLE THROUGH A LINK FROM StratusVue.
Responsibility for submission of document and content posting: You, the Site User are solely responsible for the content of any materials, comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted to the StratusVue system through the Site by you or at your direction. You may only submit to the Site, content that is (a) owned and or managed by you, (b) submitted with the express permission of the owner or copyright holder, or (c) in the public domain.
You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement.
We reserve the right to restrict or terminate your access to the Site at any time without notice in the event we believe you have violated the terms of submission. StratusVue expressly reserves the right to refuse to post on the Site and to remove from the Site at any time any Materials submitted by a Site User at StratusVue sole discretion.
Site User warrants that Site User Content will not contain content that (i) is libelous, obscene, excessively violent, scandalous, or defamatory, (ii) contains viruses or other contaminating or destructive features, (iii) violates the personal, proprietary, or intellectual property rights of any third party, or (iv) violates the Acceptable Use Policy set forth herein.
Use of Content: By using the Site, you acknowledge that: (i) StratusVue may not pre-screen Content and, as such, StratusVue does not guarantee the accuracy, integrity, or quality of such Content; (ii) you will evaluate, and bear all risks associated with, the use of any Site User Content, including any reliance on the accuracy, completeness, or usefulness of such Content; (iii) you may be exposed to content that is indecent, offensive, or otherwise objectionable; and (iv) under no circumstances will StratusVue be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damages or any kind incurred as a result of the use of any Content.
Right to Remove or Disable Site User Access: If StratusVue is made aware of Content that may be (i) libelous, obscene, excessively violent, scandalous, defamatory, or that StratusVue determines in its sole discretion to be otherwise unacceptable, undesirable, or objectionable, (ii) a violation of any law, regulation, or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander, and invasion of privacy, or (iii) a violation of the usage standards set forth herein, StratusVue has the right, but not the obligation, to remove or disable access to that Content. For Content that Site User reasonably deems to be in violation of law, StratusVue shall remove such Site User Content pursuant to StratusVue Copyright Policy here
This Terms of Service agreement is effective as of the date you make use of the Site, or, in the case of Materials and Services accessible only to Site Users’, the date a Site User receives a Username or password authorizing access to the Site, and continues in force and effect until terminated in accordance with this Section or, in the case of a user that has not become a Site User, immediately upon such users breach of any of the Terms of Service. StratusVue reserves the right to immediately terminate this Agreement effective upon written (or emailed) notice to Site User if Site User materially breaches any of the terms or conditions of the Terms or Service that is not cured within ten (10) days after notice from StratusVue. StratusVue reserves the right to suspend access to and use of the Site pending cure of a Site User’s breach. In addition, StratusVue or a Site User may terminate this Terms of Service agreement, for any reason or for no reason, upon thirty (30) days notice to the other.
Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this Agreement for any reason, Site User shall cease to access or to use any Materials or Services through the StratusVue system. The limitations and disclaimers of warranties, and the indemnity obligations of Site Users’, and the provisions of governing law, jurisdiction and venue, shall survive the Termination of this Agreement.
Site Users and any user shall, at Site User’s or user’s own expense, as applicable, indemnify, defend, and hold StratusVue and its subsidiaries, affiliates, officers, employees, agents, co-branders, associates, suppliers, or other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees), arising out of or related to a third-party claim, action or allegation (a) related in any way to a transaction or dispute between a Site User and any third party, (b) based on or caused by unauthorized access to the Site through a users’ account, (c) is based on facts or alleged facts that would constitute a breach of any of users’ representations, warranties, or covenants under this Agreement, or (d) arising out of a request for StratusVue to remove or disable access to any Content in or on the Site.
Users’ shall not enter into a settlement of the foregoing without StratusVue prior written consent, and shall not incur expenses and fees in defending the above claims, actions, or allegations without prior approval from StratusVue.
StratusVue failure to enforce any provision of this Agreement will not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
StratusVue will not be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of cause beyond the reasonable control of StratusVue; including, without limitation, outages of the Internet or connections thereto, communications outages, earthquake, fire, flood, war, or act of God; or any acts of governmental bodies or authorities.
You also agree to not use the StratusVue system or Web site to engage in commercial activities without enrolling in StratusVue approved programs This includes, but is not limited to, the following activities: offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their Web Sites.
This Site or any portion of this Site may not be reproduce, duplicated, copied, sold, resold, Sited or otherwise exploited for any commercial purpose without express written consent of StratusVue. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StratusVue and our affiliates and Associates without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent.
You agree not to use the StratusVue system to upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, harm minors in any way, impersonate any person or entity, including, but not limited to, a StratusVue representative, or falsely state or otherwise misrepresent your affiliation with a person or entity, upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, interfere with or disrupt StratusVue or servers or networks connected to the StratusVue system, or disobey any requirements, procedures, policies or regulations of networks connected to the StratusVue system or otherwise harass another, collect or store personal data about other users, data, robots or similar data gathering and extraction tools, promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating Crush or Phishing Sites, use your project hosting Site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the StratusVue system. Any unauthorized use terminates the permission or license granted by us.
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