Privacy Notice

Datacubist Oy (”Datacubist” or ”Controller”) is a service provider of the Simplebim™ and Simplebim™ Cloud system(s). The Simplebim™ and Simplebim™ Cloud system(s) are used in connection to processing of building information models.

Datacubist and its collaborators collect and process personal data as further described in this privacy notice in connection to providing Simplebim system either as a service or as locally installed product.

Datacubist follows due care and good data processing practices and processes personal data in accordance with EU’s General Data Protection Regulation (GDPR) and Finnish Data Protection Act.

1. Controller

2. Personal data, sources of data, purposes of processing and legal bases for processing

We collect two types of personal data: (i) User data and (ii) Technical data obtained via cookies. Although Simplebim system does not typically use Technical data (such as IP address) for identifying a user, a person may in some cases be identifiable on the basis of such data. Whenever Technical data can be combined in a manner, that an individual is identifiable, it is classified as personal data.

We process the following categories of personal data in the purposes defined below and on the following legal bases:

Whenever the legal basis is consent, the data subjects can withdraw their consents at any time by contacting us with the details above. However, User’s IP Address data will be stored at least for the validity period of the license and 12 months beyond that in order to enable control of the licenses and prevent misuse of licenses and trial licenses.

3. Personal data transfers outside EU/EEA

We may use partners to process personal data and such partners can be located outside European Union or European Economic Area or personal data located in the EU/EEA may be accessed outside the area. We implement and use applicable agreements including Standard Contractual Clauses approved by the EU Commission or other applicable mechanisms of data transfer while transferring personal data outside EU/EEA to ensure compliance with privacy laws and regulations. We also ensure that our data processing partners do the same to guarantee your privacy also during data transfers.

4. Data processors and partners

We may share personal data with its partners while offering and implementing Simplebim and Simplebim Cloud system to the extent necessary. We have appropriate data processing agreements in place to ensure that data processing is in compliance with the applicable laws and regulations.

The following partners are processing personal data in connection to offering and implementing Simplebim and Simplebim Cloud system and on our website on the basis of a data processing agreement between us and the processing party:

• Google Analytics used for website use analytics. More information available https://policies.google.com/privacy?hl=en-US
• ActiveCampaign used for marketing and trial data collection and license management. More information available at https://www.activecampaign.com/legal/privacy-policy
• Lemonsoft used for client data management. More information available at https://www.lemonsoft.fi/tietosuojaseloste/
• Microsoft Azure and Sharepoint as technical platforms. More information available at https://privacy.microsoft.com/en-us/privacystatement
• Soraco Technologies Ltd for license management; and
• SurveyMonkey for trial period data query collection. More information available at https://www.surveymonkey.com/mp/legal/privacy-basics/.
• Zendesk for support management. More information available at https://www.zendesk.co.uk/trust-center/

For sake of clarity, resellers and distributors of Datacubist are independent data controllers responsible for their own personal data processing. For more information on resellers and distributors of Datacubist, please contact Datacubist.

5. Storing personal data

Personal data shall not be stored longer than allowed by the applicable laws and regulations and what is necessary to maintain the data on the basis purposes of processing.

Client and user related data is stored as long as client relationship is maintained and after that the data shall be deleted by latest after 12 months unless there are still open payments or other obligations requiring longer maintenance of the data.

Other personal data shall be deleted by latest after 12 months unless there are open matters with requiring longer maintenance of the data. User’s IP Address data will be stored at least for the validity period of the license and 12 months beyond that in order to enable control of the licenses and prevent misuse of licenses and trial licenses.

6. Data subjects rights

Under the GDPR, you as a data subject have the following rights:

Right of access. You have the right to request whether their personal data is being processed, as well as access to said personal data. Access request can be made to our address above. Please be prepared to prove your identity. As Controller we have a right to decline excessive requests. A request once a year is not considered excessive.

Right to rectify. You have the right to request us to rectify any errors or omissions in their personal data. Such request can be made to our address above. Please be prepared to prove your identity.

Right of removal. You have the right to request us to remove any of their personal data that is no longer needed for the purpose for which it was collected or processed, regarding which you object processing and there is no legitimate basis for the processing or which is being processed unlawfully or must be removed to satisfy a legal obligation. Such a request can be made to our address above. Please be prepared to prove your identity.

Right to restrict and object processing. You have the right to restrict the processing of your personal data in the event the accuracy or veracity of the personal data is disputed, if the personal data is being unlawfully processed, if the you believe we no longer need the personal data, or if you object to the processing but it has not yet been determined whether there is a legitimate basis for said processing. You also have the right to object to the processing of your personal data to the extent said personal data is being processed subject to a legitimate interest. Such a request can be made to the controller’s address above. Please be prepared to prove your identity.

Right to data portability. You have the right to receive a copy of the personal data relating to you and to have said personal data transferred to another data controller in so far the legal basis for the processing of said personal data is a legitimate interest.

Right to notify data protection authority. You have the right to complain about the processing of personal data to the appropriate data protection authority, which is the Data Protection Ombudsman in Finland (https://tietosuoja.fi/en/office-of-the-data-protection-ombudsman)

7. Security

We will implement all the reasonable, appropriate, technical and organizational security measures that are necessary taking into account the nature and purposes of personal data processing and the personal data.

Such measures will include appropriate firewall, encryption, secure premises and access control solutions. If a personal data breach is detected regardless of the measures taken and such breach would have a significant adverse impact to your privacy, we will inform you of the breach without undue delay.

8. Cookie policy

Our website uses cookies that help us to provide you with a good experience when you browse our website and also allows us to improve our site.

Some of the cookies are used for marketing purposes. Please see the table below for further information on purpose of use.

Cookies are small pieces of data that are downloaded to your computer or mobile device when you visit a website or application.

We use the following cookies:

• Necessary cookies. These cookies are necessary to enable our website to function.
• Preference cookies. These allow your selections, like a preferred language, to be maintained.
• Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
• Third party cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties.

You can generally accept or decline the use of cookies through a functionality built into your web browser. If you want to learn more about cookies, or how to control, disable or delete them, please visit http://www.aboutcookies.org for detailed guidance. In addition, certain third party advertising networks, including Google, permit users to opt-out of or customize preferences associated with your internet browsing.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below.

Datacubist reserves the right to update and amend this privacy notice in connection to amendments in its own products, services or operations and to implement any changes and specified requirements in laws, regulations, decisions, instructions, soft law and/or best practices.