OUR COMMITMENT TO PRIVACY POLICY
OpenBrIM Platform (Service Provider) means a technological platform owned and operated by Red Equation Corp, legally incorporated and domiciled in the State of New York, United State of America (also referred to herein as “OpenBrIM Platform”, “we”, “us”).
OpenBrIM Platform is a cloud based collaborative information modeling platform including all websites, services, tools, online and/or device applications associated with it, which currently exist and/or that may exist in the future.
OpenBrIM Platform offers its Services to the User subject to the terms and conditions set out on the End User License Agreement and this Privacy Policy through different websites, services, tools, and applications (also referred to herein as “Service”, “Services”).
This Privacy Policy constitutes a contractual agreement between the User and the Service Provider. By accessing or using the OpenBrIM Platform you express your understanding and acceptance to this Privacy Policy. All definitions set out in the End User License Agreement shall also apply to this Privacy Policy.
We respect the privacy of each User accessing OpenBrIM Platform (also referred to herein as “user”, “you”, “your”), being committed to the protection of your privacy. We ensure that any Personal Information that you provide to us will be processed in accordance with the relevant Personal Information Protection Acts.
The privacy laws of the United States of America serve as guidelines to the principles and practices we will apply at all times during the protection of your Personal Information.
Our privacy commitment includes ensuring the accuracy, confidentiality, and security of your Personal Information and allowing our Users to request access to, and correction of, their Personal Information.
We are committed to safeguarding the privacy of our Users. This Privacy Policy will apply in regards to the collection, use or disclosure of any of your Personal Information. The following Privacy Policy explains how we deal with all the information collected from you, including Personal Information, and the options available for you in respect to the policies we follow.
1. COLLECTION OF YOUR PERSONAL INFORMATION.
The information collected by us will solely be used in reference to the Service provided by OpenBrIM Platform. We will not share, sell, or trade this information with any third parties; however, your information may remain stored in our cloud providers but for platform use purposes only. This does not apply to information that is publicly available, which we may collect and display on OpenBrIM Platform.
INFORMATION YOU PROVIDE.
We will collect the information you provide directly to us when you create an account, fill out a form, or contact us. The main information you provide to us is the following (also referred to herein as “Personal Information”, “information”):
- Email.
- Password.
- Name.
- Last name.
- Organization.
- Country.
- Phone.
- Any other details that may be required during registration process, as determined solely by us, from time to time, and any other details as you may provide voluntarily.
Personal information means any information that may be used to identify you, but not limited to, your name, email address, and/or device information.
OpenBrIM Platform does not collect or retain information from you regarding bank accounts, credit cards or other payment methods.
OpenBrIM Platform provides Services through the use of different cloud providers, for which Public Users information is required to be stored in one or more of OpenBrIM Platform main cloud providers (e.g. Amazon, Google and Microsoft).
By giving Personal Information, you grant OpenBrIM Platform consent to collect and use it in accordance with our End User License Agreement and this Privacy Policy.
INFORMATION WE COLLECT AUTOMATICALLY WHEN YOU USE OPENBRIM PLATFORM.
OpenBrIM Platform automatically collects information about you only to record how you make use of OpenBrIM Platform´s Services, and track your interaction with the platform for security and support purposes only, including:
-
Log Information: We collect log information about your use of our platform and Services, including the type of browser you use, access times, pages viewed, your IP address, and the page you visited before using our Services.
-
Device Information: We collect information about the device you use to access OpenBrIM Platform, including the device model, operating system and version, unique device identifiers, and network information.
-
Location Information: We may collect information about the location of your device each time you use our platform, or when you otherwise consent to the collection of this information.
-
Information collected by Cookies and other tracking technologies: We and our Service providers collect information using various technologies, including cookies and pixel tags (which are also called clear GIFs, web beacons, or pixels). Cookies are small data files stored on your hard drive or device memory that help us improve OpenBrIM Platform and your experience, tracking usage of our platform. Pixel tags are electronic images that may be used in our platform or emails, tracking the use of OpenBrIM Platform.
2. CONSENT.
By accepting this Privacy Policy you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in your information, in any media now known or that may be known in the future, with respect to your Information, solely for the purpose of enabling OpenBrIM Platform the use of the information you provide to us for the use of our Services, and to avoid the violation of any rights over that information. OpenBrIM Platform will only use your Information in accordance with this Privacy Policy.
3. WHEN DOES OUR PRIVACY POLICY APPLY.
You should know that our Privacy Policy applies to the following situations and activities:
a) Online activities: Any personal data collected from you when you access or use the OpenBrIM Platform.
b) Phone contacts: Any personal data collected from you when you call us for customer support.
c) Private projects: Any planned engineering and construction project, created, organized, maintained and shared by you exclusively in private with one or more Users through the OpenBrIM Platform.
d) Other circumstances: Any personal data collected from you when you contact us by email or by requesting online or support Service or other occasions.
4. WHEN DOES OUR PRIVACY POLICY NOT APPLY.
a) Public information: To any of Your Information provided by third parties and/or publicly available, without restrictions. We are not responsible for the privacy practices of third parties.
b) Public projects: To any planned engineering and construction project, created, organized, maintained and shared by you with all Users of the AEC Community through the OpenBrIM Platform.
5. WHAT WE DO WITH YOUR PERSONAL INFORMATION.
OpenBrIM Platform collects, stores and uses your Personal Information in accordance with this Privacy Policy and with the End User License Agreement, to: verify your identity; provide you with its Services; process your payment; identify your preferences, and meet regulatory requirements.
6. HOW CAN YOU CONTACT US ON YOUR PERSONAL INFORMATION.
We try to ensure that you always have an open line of communication with us. You can contact us at any time if you have any questions, queries or requests about your Personal Information and, the processing of your data, or about your right to request access to, modify, remove or export your data, or object our processing of your Personal Information.
In order to make it easier for you to reach out to us and obtain the necessary information and action changes, updates, corrections or deletions of your Personal Information, you can make your requests through our email: info@openbrim.org.
You can also submit your requests through more traditional channels. We will action your request within one month of receiving a request from you concerning any of your rights as a data subject. Should we be overloaded with requests or particularly complicated requests, the time limit may be extended to a maximum of another two months. If we fail to meet these deadlines, we would, of course, prefer that you contact us to settle the matter informally.
7. USING AND DISCLOSING OF YOUR PERSONAL INFORMATION.
We use your Personal Information in order to help provide the Services you request. We may use your Personal Information kept on our records, and other information we may obtain from your current and past activities using OpenBrIM Platform to resolve disputes; troubleshoot problems; measure User interest and Services, inform you about our new offerings, Services, and updates; customize your experience; detect and protect us against error, fraud and other criminal activity; enforce our End User License Agreement; and as otherwise described to you at the time of collection of the information. At times, we may look across multiple Users to identify problems or resolve disputes, and in particular we may examine your Personal Information to identify Users using multiple User IDs or aliases. We may compare and review your Personal Information for errors, omissions, and verify its accuracy.
You agree that we may use your Personal Information to improve the OpenBrIM Platform´s Services and customize our content(s), layout, and Services. These uses improve the OpenBrIM Platform and better tailor it to meet your needs, so as to provide you with a smooth, efficient, safe and customized experience while using our Services.
You agree that we may use your Personal Information to contact you and deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your use of the OpenBrIM Platform. By accepting the End User License Agreement and this Privacy Policy, you expressly agree to receive this information.
You agree that we may share and/or disclose your Personal Information in accordance with the appropriate sections and/or guidelines of the privacy laws of the United States of America. Some examples include but are not limited to: When the collection, use or disclosure of Personal Information is permitted or required by law; In an emergency that threatens an individual's life, health, or personal security; When the Personal Information is available from a public source (e.g., a telephone directory); When we require legal advice from a lawyer; For the purposes of collecting a debt; To protect ourselves from fraud; To investigate an anticipated breach of an agreement or a contravention of law.
8. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION.
We are a U.S. company, and we process and store your information in the United States of America, however, our Service providers may process and store it elsewhere.
If you are located outside the United States and choose to provide information to us, OpenBrIM Platform transfers your Personal Information to the United States for processing, and our Service providers may process Personal Information in the United States and elsewhere. These countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to the United States, we will protect it as described in this Privacy Policy.
9. HOW LONG WE KEEP YOUR INFORMATION (DATA RETENTION).
Users information and projects are retained by OpenBrIM Platform for an indefinite period, unless the User requests their deletion, in which case OpenBrIM Platform will keep this information in its records for a maximum period of one year, since the User requested its removal.
The information of subscribed Users and their private projects are kept in OpenBrIM Platform while these Users maintain their subscription, or for a maximum period of one year, since the User requested the cancellation of their subscription
However, when legally required, OpenBrIM Platform will store User's information and projects (public and private), even when an account is cancelled.
10. UPDATING PERSONAL INFORMATION.
You are responsible for requesting us to updating your Personal Information.
11. SECURITY OF YOUR PERSONAL INFORMATION.
We will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your Personal Information. However, you are responsible for keeping your password and User details confidential. We will not ask you for your password. Please do not share your password with others, and change your password regularly.
In addition, we will use appropriate security measures when destroying your Personal Information such as shredding documents, and deleting electronically stored information.
We will continually review and update our security policies and controls, as technology changes to ensure ongoing Personal Information security.
12. RESTRICTED ACTIVITIES.
Your Information and your activities with the OpenBrIM Platform shall not: (a) be inaccurate, incorrect or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights to publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, trojan horses, worms, time bombs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information.
13. OUR EMAILS.
OpenBrIM Platform sends emails to their Users from time to time to let them know of the important improvements and updates to the platform. Users are able to opt out of these emails. However, there are other emails we send to Users primarily for security reasons (forgotten passwords, logs from new computers etc.) that cannot be turned off by Users.
14. PHISHING.
Phishing websites imitate legitimate websites in order to obtain personal or financial information. Identity theft and the practice currently known as “phishing” are of great concern to OpenBrIM Platform. For more information about phishing, visit the website of the Federal Trade Commission at http://www.consumer.ftc.gov/articles/0003-phishing. In addition, if you believe you have received an email or had a similar interaction with a third party pretending to be OpenBrIM Platform, please report it at info@openbrim.org.
15. CHANGES TO THIS PRIVACY POLICY.
We may change this Privacy Policy from time to time. If we make material changes, we will provide notice. OpenBrIM Platform may update this Privacy Policy at any time and any changes will be effective upon posting. In the event that there are material changes to the way we treat your Personal Information, we will display a notice through OpenBrIM Platform prior to the change becoming effective. We may also notify you by email, in our discretion.
We encourage you to periodically review the OpenBrIM Platform for the latest information on our privacy practices. By continuing to use the OpenBrIM Platform after any changes come into effect, the revised Privacy Policy applies to you.
16. FORCE MAJEURE.
If OpenBrIM Platform is prevented from carrying out its obligations under this Privacy Policy as a result of any cause beyond its reasonable control, including but not limited to unavailability of any communication system, virus attack in the OpenBrIM Platform’s technological systems, breach, sabotage, Acts of God, War, Strikes, Lock-outs, Floods and Failure of Service Providers, wars, acts of government, then in such an event, OpenBrIM Platform shall be relieved from its obligations and liabilities under this Privacy Policy as such fulfillment of the obligation is prevented.
17. NO WAIVER.
The fact of not insisting upon strict performance of any provision of this Privacy Policy shall not be deemed to be a waiver of our rights or remedies in respect of any present or future default of you in performance or compliance with any of this Privacy Policy.
18. SEVERABILITY.
If a court of competent jurisdiction holds any provision of this Privacy Policy, to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of this Privacy Policy, and they shall continue in full force and effect.
19. NO THIRD PARTY BENEFICIARIES.
Nothing in this Privacy Policy, express or implied, is intended to or will confer upon any person other than you, any right, benefit or remedy of any nature whatsoever under or by reason of this Privacy Policy. No person other than you, may bring a cause of action pursuant to this Privacy Policy.
20. ASSIGNMENT.
You may not assign your rights or obligations under this Privacy Policy without our prior written consent. We may assign this Privacy Policy at any time in our sole discretion without any prior written consent by you.
21. INTERPRETATION.
The headings in this Privacy Policy do not affect its interpretation. The use of any gender includes all genders. The singular includes the plural and vice-versa. Where a word or phrase is defined, its other grammatical forms have a corresponding meaning. This Privacy Policy was originally prepared in the English language. Although we may provide one or more translated versions of this Privacy Policy for your convenience, the English language version of this Privacy Policy will be the governing version of this Policy Privacy in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the terms of this Privacy Policy will be construed as having been drafted jointly by the parties, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of this Privacy Policy.
22. GOVERNING LAW AND JURISDICTION.
This Privacy Policy, shall be governed by the laws of the State of New York, United States of America. In case of any disputes, you hereby agree to submit to the exclusive jurisdiction of the courts in the State of New York, United States of America.
23. NOTICE.
Any notice and other communications to us shall be by email addressed to info@openbrim.org and that email receipt is to be acknowledged by us and in the event that the delivery fails, notice can be sent to the address mentioned below:
OpenBrIM Platform
353 West 48th St 4th Flr Unit #300
New York, NY 10036
Phone: +1 212 991-8956
info@openbrim.org
Phone Number: +1 212 991-8956