Privacy Notice
| Purpose of data processing | Identifying an error and finding solution of the possible problem concerning the operation of Archicad. |
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:
If you choose to send detailed report to Graphisoft, the report will contain your personal data categories described below. In each case, it is individually identified which data may be needed to detect and solve the problem you have encountered.
The possible purposes of examining each category of data are as follows:
| Data category | possible purpose of examining these data |
|---|---|
| System information | OS version – API of the OS might change between OS updates, and the changed API may cause unpredicted behaviour in the Application. OpenGL or DirectX version and driver information – potential driver errors mainly from outdated driver versions may causing crashes in Archicad. |
| Device configuration information | Available RAM size or storage permissions – are affecting Archicad behaviour. Insufficient resources can prevent Archicad from running. Printer device setting – have an influence on printing capabilities of Archicad, Archicad might run into errors with some special configurations. |
| Graphisoft application information | Archicad version and configuration details – help us in the localization of a particular crash, and in the targeting of the solution for the updates. Installer logs – help us in the investigation of a crash, because faulty or incomplete installations or updates of the application can manifest in application errors. |
| Crash details | Execution flow information (aka call stack) – help us in identifying the error in the application code Memory sample from the crash context – help us understand the application state which terminated the execution. |
The detailed reports do not contain any sensitive personal data.
III. Duration of data processing:
Technical support is provided for the last 3 versions of Archicad, hence all Data processed are erased after 5 years.
IV. Recipient of data transfers:
Data is available only for the employees of Data Controller, Graphisoft SE.
V. Description of data processing:
In the event of an unexpected shutdown of Archicad, Graphisoft needs detailed reports on the circumstances of the error in order to detect, resolve the issue, and to assist the user in the specific case to improve the software.
If you give consent to send report containing your personal data, you will continue sending reports to Graphisoft for 30 days in order to effectively detect and resolve any issues. You can simply stop sending reports at any time during the 30-day period. If you wish to withdraw your consent and wish to delete the data you provided, submit a deletion request to privacy@graphisoft.com
If you need even more personalized help, you can describe the circumstances of the problem you have encountered and provide your email address so that the controller may contact you directly to help.
Unless you consent to send your personal data, Graphisoft will only collect anonym reports.
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 EEU:
No Data transfer occurs outside the EEU.
VIII. Data controllers
Microsoft Corporation: One Microsoft Way, Redmond, WA 98052-6399, USA
The Data Processors provides data hosting services, as the attachments submitted with the Crash report are stored in Microsoft Azure.
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. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our websites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. 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 unauthorised access. In case your data is provided on our websites and systems, then 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 save your data than 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 unauthorised 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 where we are legally required to do so.
X. Your data protection rights:
The GDPR sets out in detail your data protection rights and the available legal remedies, as well as the restrictions thereof (in particular Articles 5, 16, 17, 18, 19, 20, 21, 22, 77, 78, 79 and 82 of the GDPR). You can request information at any time about your personal data processed, you can request the rectification and erasure of your personal data or the restriction of their processing, furthermore you have the right to data portability. The most important provisions are summarised below.
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), where this information is not yet available to you. 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 from the controller confirmation as to whether or not personal data concerning you are being processed, and, where that is the case, 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 organisation, 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 defence of legal claims;
• You have objected to processing, pending the verification 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 defence 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, and the 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 form 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 court 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.