| Purpose of data processing | Collect feedback from end users to improve Archicad functionalities, as well as to measure end user satisfaction |
I. Legal basis of data processing:
Consent of the data subject under Article 6(1)(a) of the General Data Protection Regulation (“GDPR”).
II. Scope and source of the processed personal data:
| Data category | Details, examples of data processed |
| End user specific data |
|
| License and product data |
|
| Client data |
|
| Usage data |
|
| Survey data |
|
| Any potentially personal data provided in the free text field. |
Graphisoft’s purpose is to tailor the surveys to specific audiences, based on the collected information; to target the surveys based on Graphisoft’s partners and/or license & product data.
GRAPHISOFT generates a unique ‘User Identification Number’ (UUID) based on client parameters and linked to the end user, which enables issuing targeted surveys. Unique User ID is the only personal data with which the end user can be identified, but the identification is possible only if the end user provides some of its client parameters to GRAPHISOFT. Hence, the personal data GRAPHISOFT processes is ‘pseudonymized’. The only exception to this is if the end user provides personal information in the free text field, which GRAPHISOFT considers as explicit consent for processing.
The surveys do not contain any sensitive personal data.
III. Duration of data processing:
The data is processed until the end user withdraws consent. The end user may withdraw consent by sending an email request to privacy@graphisoft.com, but in order for GRAPHISOFT to process such a request, the end user will need to identify him/herself by providing some of client parameters to regenerate the UUID. This is because GRAPHISOFT processes pseudonymized data only.
IV. Recipient of data transfers:
Data is available only for the employees of Data Controller, Graphisoft SE.
V. Description of data processing:
After certain usage of Archicad, the end user receives a notification about the survey in the ‘Action Center’ in Archicad, or the survey appears before the software is closed. The survey is not mandatory, it is the end user’s decision to submit it. The survey focuses on 1) whether the end user would recommend the product to others, 2) which functionalities of Archicad the end user is satisfied / dissatisfied with.
The reason for surveying the end users is to measure the satisfaction of the users, identify the problematic areas of Archicad and in general to improve end user experience including the monitoring of end user satisfaction journey (e.g. whether detractors become promoters)
The provided data is ‘pseudonymized’, which means that GRAPHISOFT is able to identify the end user only if the end user provides some of its client parameters. Only the Unique User ID is retained in our systems to which the survey responses are linked. This will help GRAPHISOFT to understand how end user experience changes during the course of Archicad usage.
VI. Contact details of the controller:
Name: Graphisoft SE
Registered office: 1031 Budapest, (Graphisoft park) Záhony u 7.
Website: www.graphisoft.com
E-mail address: privacy@graphisoft.com
Telephone number: 0036 1 437 3000
VII. Data transfer outside the EU:
No Data transfer occurs outside the EU.
VIII. Data Processors
Microsoft Corporation: One Microsoft Way, Redmond, WA 98052-6399, USA
GRAPHISOFT uses Microsoft Azure’s:
- SQL database to store the survey data
- Web application server on the which the survey is operated
IX. Data security measures:
We understand that the security of your personal information is important. We provide reasonable administrative, technical, and physical security controls to protect your personal information. All information you provide us is stored on secure servers. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot warrant or guarantee the security of your data transmitted to us; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access. In case your data is provided on our websites and systems, we ensure that this is completed on a secured platform where we apply our security measures. In case you would like to have more information on the specific security measures taken in order to protect your data, please contact us.
Also, we have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed. In addition, we limit access to your personal data to those employees and contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
Finally, we have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach if we are legally required to do so.
X. Your data protection rights:
Right to information:
Where the controller processes personal data concerning you, it must provide you information concerning the data relating to you – even without your special request to that effect – including the main characteristics of the data processing, such as the purpose, legal basis and duration of the processing, the name and address of the controller and its representative, the recipients of the personal data (in case of data transfer to third countries indicating also the appropriate or suitable safeguards), the legitimate interests of the controller and/or third parties in case of a data processing based on a legitimate interest, furthermore your data protection rights and your possibilities of seeking a legal remedy (including the right of lodging a complaint with the supervisory authority). The controller provides you the above-mentioned information by making this privacy notice available to you.
Right of access:
You have the right to obtain confirmation from the controller as to whether or not personal data concerning you are being processed, and, where applicable, access to the personal data and the following information:
- the purposes of the processing;
- the categories of personal data concerned;
- the recipients the personal data;
- the duration of the data processing;
- the data subject’s data protection rights and possibilities of seeking a legal remedy;
- where the personal data are not collected from the data subject, any available information as to their source;
- the existence of automated decision-making, including profiling, and, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
Where personal data are transferred to a third country or to an international organization, the data subject shall have the right to be informed of the appropriate safeguards pursuant to Article 46 relating to the transfer.
Upon your request, the controller shall provide you with a copy of your personal data undergoing processing. For any further copies requested by you, the controller may charge a reasonable fee based on administrative costs. The right to obtain a copy shall not adversely affect the rights and freedoms of others.
Right to rectification:
You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you. Taking into account the purposes of the processing, you have the right to have incomplete personal data completed, including by means of providing a supplementary statement.
Right to erasure:
The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay and the controller shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
- if the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
- if you withdraw consent on which the processing is based, and there is no other legal ground for the processing;
- if you object to the processing and there are no overriding legitimate grounds for the processing;
- if the personal data have been unlawfully processed;
- if the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
- if the personal data have been collected in relation to the offer of information society services.
Right to restriction of processing:
You have the right to obtain from the controller restriction of processing where one of the following applies:
- the accuracy of the personal data is contested by you, for a period enabling the controller to verify the accuracy of the personal data;
- the processing is unlawful and you oppose the erasure of the personal data and request the restriction of their use instead;
- the controller no longer needs the personal data for the purposes of the processing, but they are required by you for the establishment, exercise or defense of legal claims;
- You have objected to processing, pending the verification of whether the legitimate grounds of the controller override your legitimate grounds.
Where the processing has been restricted for any of the above-mentioned reasons, such personal data shall, with the exception of storage, only be processed with your consent or for the establishment, exercise or defense of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the Union or of a Member State.
You shall be informed by the controller before the restriction of processing is lifted.
Right to data portability:
You have the right to receive the personal data concerning you, which you have provided to a controller, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller without hindrance from the controller to which the personal data have been provided, where the processing is based on consent or on a contract, andthe processing is carried out by automated means.
In exercising your right to data portability, you have the right to have the personal data transmitted directly from one controller to another, where technically feasible.
XI. How to exercise your rights:
The controller shall provide information on action taken on a request based on your abovementioned rights without undue delay and in any event within one month of receipt of the request. That period may be extended by two further months where necessary, taking into account the complexity and number of the requests. The controller shall inform you of any such extension within one month of receipt of the request, together with the reasons for the delay. If you make the request by electronic means, the information shall be provided by electronic means where possible, unless otherwise requested by you.
If the controller does not take action on your request, the controller shall inform you without delay and at the latest within one month of receipt of the request of the reasons for not taking action and on the possibility of lodging a complaint with the competent data protection supervisory authority (in Hungary: the Nemzeti Adatvédelmi és Információszabadság Hatóság /National Authority for Data Protection and Freedom of Information/, abbreviated as “NAIH”) and seeking a judicial remedy. Contact information of NAIH: HU-1055 Budapest Falk Miksa utca 9-11., 1363 Budapest, Pf. 9, Tel: +36 1 391 1400, Fax: +36-1-391-1410, E-mail: ugyfelszolgalat@naih.hu, Website: http://naih.hu/
In the event of an infringement of your rights, you may file for legal action. The action falls within the jurisdiction of the general courts (“törvényszék”). Upon the data subject’s request, the action may be brought before the court that is competent based on the domicile or the place of residence of the data subject.
Any person who has suffered material or non-material damage as a result of an infringement of the GDPR shall have the right to receive compensation from the controller or processor for the damage suffered.
No compensation shall be paid and no restitution may be claimed where the damage was caused by or the violation of personality rights is attributable to the intentional or grossly negligent conduct of the injured party.