1. General Frame

Your privacy matters to Kubity (also mentioned as ”we”, or ”us”). This Privacy Policy explains how we collect, use, share and protect information about you (the “Users”). We also provide information regarding how you can access and update your information and make certain choices about how your information is used.

Kubity fully complies in the collection and management of your personal data, to the European General Data Protection Regulation (the GDPR).

Please be aware that data protection Regulation may differ from the laws of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in another country depending on the location of the collecting, processing or storage of the data.

By using Kubity’s applications and products, you acknowledge and accept that this Privacy Policy constitutes an inseparable element of the Terms and Conditions of access and use of all the website, products and applications provided by Kubity.

Therefore, by accessing the website and using the applications and products you accept the content of this Privacy Policy.

For the purposes of this Privacy Policy, the definitions and terms will have the same meaning as those indicated in the Terms and Conditions.

2. Definition and Nature of “Personal Data”

Personal data which are concerned by the present document regroup the information Kubity may obtain from the use of the website, the products, and applications and other sources of information as explained hereunder.

2.1 - Information we collect as you access and use Kubity Products and Applications:

In addition to any Personal Information or other information that you choose to submit to us, we and our third-party service providers may use a variety of technologies that automatically (or passively) collect certain information whenever you visit or interact with us (”Usage Information”). This Usage Information may include:

  • Device specific information (such as your hardware model, operating system version, unique device identifiers).
  • Log information: When you use Kubity’s applications we automatically collect and store certain information in server logs. This includes details of how you used these applications.
  • Local storage: We may collect and store information (including personal information) locally on your device using mechanisms such as browser web storage (including HTML 5) and application data caches.
  • Cookies and anonymous identifiers: We and our partners use various technologies to collect and store information when you visit Kubity website and this may include sending one or more cookies or anonymous identifiers to your device. We also use cookies and anonymous identifiers when you interact with services we offer to our partners, such as advertising services or Kubity features that may appear on other sites (see provision 10 hereunder on cookies).

2.2 - Information Collected by Mobile Applications

Kubity applications are also provided through mobile phones, tablet computers or similar devices (”Mobile Application”). You agree that we may collect and use technical data and related information, including but not limited to, technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to such Mobile Applications. When you use any of our Mobile Applications, the Mobile Application may automatically collect and store some or all of the following information from your mobile device (”Mobile Device Information”), including without limitation:

  • Your preferred language and country site (if applicable).
  • The IP address of your mobile device.
  • The manufacturer and model of your mobile device.
  • Your mobile operating system.
  • The type of mobile Internet browser you are using.
  • Information about how you interact with the Mobile Application and any of our websites to which the Mobile Application links, such as how many times you use a specific part of the mobile application over a given time period, the amount of time you spend using the Mobile Application, how often you use the Mobile Application, actions you take in the Mobile Application and how you engage with the Mobile Application.
  • Information to allow us to personalize the services and content available through the Mobile Application.

2.3 - The same information for the same purposes can be collected when you use the Kubity PRO plugin for SketchUp or Revit.

3. Purposes for collecting Personal data

Your personal data is collected for one or several of the following purposes:

  1. To manage if necessary your access to and use of the services provided by Kubity through the Website and products and applications;
  2. To create a file of users, customers, and prospects.
  3. To send you newsletters, promotional advertisements whether directly or through third parties. If you do not wish to receive these, you can send an email to support@kubity.com expressing your preferences or unsubscribe from the newsletter accordingly.
  4. To provide commercial and service use statistics.
  5. To organize promotional games, sweepstakes or any promotional operation except gambling and online gambling, that are subject to the approval of the Regulatory Authority of Online Games.
  6. To gather customer feedback, analyze and manage customer’s opinions on products, services or contents.
  7. To respect our legal and regulatory obligations.

We will inform you, when requesting your Personal data, if the data is mandatory or optional, as well as the consequences if you choose not to provide this data.

For Kubity PRO users, Kubity collects your personal data to manage your access and use of the services provided by Kubity through the Website and products and applications. Kubity will not use your personal data for third-party commercial, promotional, or marketing use.

4. Limited cases of Personal Data Sharing

4.1 - We do not sell, share, rent or trade the Personal data we have collected about you. We do not share your Personal Information with third parties for direct marketing purposes unless you consent to such sharing at the time you provide your Personal Information.

4.2 - We may share non-personally identifiable information, such as aggregated user statistics and log data, with third parties for industry analysis, demographic profiling, to deliver targeted advertising about other products or services, or for other business purposes.

The other limited cases to share Personal data are the following:

4.1 - When You Agree To Receive Information from Third Parties.

You may be presented with an opportunity to receive information and/or marketing offers directly from third parties. If you do agree to have your Personal Information shared, your Personal Information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

4.2 - Third Parties Providing Services on Our Behalf.

We may use third party companies and individuals to facilitate our Services, provide or perform certain aspects of the Services on our behalf - such as third-parties to host the Services, design and/or operate the Services’ features, track the Services’ analytics, process payments, engage in anti-fraud and security measures, provide support, enable us to send you special offers, host our job application form, perform technical services (e.g., without limitation, maintenance services, database management, web analytics and improvement of the Services’ features), or perform other administrative services. We may provide these vendors with access to user information, including Personal data, this information sharing is limited to only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors is obligated not to disclose or use Personal data for any other purpose. While we may use third party analytics service providers to evaluate and provide us with information about the use of the Services and viewing of our content, we do not share Personal data with these analytics service providers, but they may set and access their own cookies, web beacons and embedded scripts on your Device and they may otherwise collect or have access to information about you, including non-personally identifiable information. We use a third party hosting provider who hosts the support section of our website. Information collected within this section of our web site is governed by our Privacy Policy.

4.3 - Co-branded Services.

Certain aspects of the Services may be provided to you in association with third parties (Co-Branded Services) and may require you to disclose Personal data to them. Such Co-Branded Services will identify the third party. If you elect to register for products and/or services through the Co-Branded Services, you may be providing your information to both us and the third party.

4.4 - Sweepstakes, Contests, and Promotions.

We may offer sweepstakes, contests, and other promotions (any, a « Promotion ») through Kubity that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, in connection with winner selection, prize fulfilment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.

4.5 - Administrative and Legal Reasons.

We cooperate with governments and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your information (including Personal data), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate:

  1. To satisfy any applicable law, regulation, subpoenas, governmental requests or legal process.
  2. To protect and/or defend the Terms and Conditions for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof.
  3. To protect the safety, rights, property or security of the Company, our Services or any third party.
  4. To protect the safety of the public for any reason.
  5. To detect, prevent or otherwise address fraud, security or technical issues.
  6. To prevent or stop activity we may consider to be, or that pose a risk of being, an illegal, unethical, or legally actionable activity.

Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, all in our discretion. Such disclosures may be carried out without notice to you.

4.6 - Business Transfer.

We may share your information, including Usage Information with our parent, subsidiaries, and affiliates for internal reasons. We also reserve the right to disclose and transfer all such information:

  1. To a subsequent owner, co-owner or operator of the Services or applicable database.
  2. In connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.

5. Behavioral Advertising and Opt Out.

Targeted advertising (also known as Behavioral Advertising) uses information collected on an individual’s web or mobile browsing behavior such as the pages they have visited or the searches they have made. This information is then used to select which advertisements should be displayed to a particular individual on websites other than our website(s). The information collected is only linked to an anonymous cookie ID (alphanumeric number); it does not include any information that could be linked back to a particular person, such as their name, address or credit card number. The information used for targeted advertising either comes from us or through third party website publishers.

If you would like to opt out of targeted advertising from us that occurs when visiting our third party advertising publishers, please send us a mail at privacy@kubity.com. Please note that this will opt you out of targeted ads from our Company and any other participating advertisers. If you opt out, you may continue to receive online advertising from us; however, these ads may not be as relevant to you. In order for behavioral advertising opt-outs to work on your Device, your browser must be set to accept cookies. If you delete cookies, buy a new Device, access our Services from a different device, or change web browsers, you will need to opt-out again. If your browser has scripting disabled, you do not need to opt out, as online behavioral advertising technology does not work when scripting is disabled. Please check your browser’s security settings to validate whether scripting is active or disabled.

Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.

6. Entity Responsible for Collecting Data

Kubity is the entity responsible for collecting your personal data, company registered under the Registry of Trade and Companies of Paris under the number 788 542 439 whose head office is located at 33 Rue de Miromesnil - 75008 Paris (referred to as ”us” or ”we”). Only our personnel, the services in charge of control and our subcontractors may have access to your personal data, that is those which Kubity has appointed to render or carry out one or more activities for the rendering and use of the Website and services, including for any of the purposes of the collection of your personal data and as otherwise provided in this Privacy Policy.

7. Guarantees about Personal Data

You guarantee that all information you may provide in connection with the access to and use of the Website and/or the Services is correct, up to date and sincere and is in no way misleading or dishonest.

You acknowledge and agree that depending on how you use the Services, you may transfer a replica (as such term is defined in the Terms and Conditions) to third parties, in which case the transfer of part of your personal data (e.g., email address, username) is beyond our control and under your sole discretion

8. Personal Data Storage

We store personal data only to the extent required to fulfill the purpose. The storage period depends on legal requirements and the duration of the contractual relationship.

9. Safety

We take all necessary precautions, as well as the appropriate organizational and technical measures to maintain the security, integrity and confidentiality of your personal data, and in particular to prevent it from being deformed or damaged and to prevent any unauthorized third party from accessing it.

However, as effective as encryption technology is, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information you supply won’t be intercepted while being transmitted to us over the Internet or wireless communication, and any information you transmit to the Company you do at your own risk.

We use a global IT infrastructure including computers, cloud-based servers, networks, and software solutions of international companies to manage your personal data. These partners are based in the European Union and bound by the European General Data Protection Regulation (GDPR).

10. Specific Information about Cookies and other Technologies

Cookies are alphanumeric, and often encrypted, identifiers that are transferred to your computer or mobile device from your browser. They are created when a user’s browser is loading one Internet site: the website sends information to the browser which creates an alphanumeric file. Each time the user is visiting this particular website, the browser retrieves this file and sends it to the website’s server.

There are two types of cookies, which do not have the same purposes: technical cookies and advertising cookies as described below.

  • Technical cookies are used as you browse through the website, in order to facilitate such browsing and to carry out certain functions. A technical cookie may be used, for instance, to memorize the answers you provided in a sign-up form or preferences relating to the language or the presentation of an Internet site when such options are available.
  • Advertising cookies can be created not only by the website users are visiting, but also by other websites which provide advertisements, announcements, widgets or any other element on the displayed page. In particular, these cookies enable the use of the retargeting technique which is a marketing model whose purpose is to propose advertisements to the internet user that are adapted specifically for them.

Technical cookies we use are stored in your browser for a limited time of six months. You can refuse the installation of these cookies. However, this refusal could prevent you from using the services offered on the Website.

We use an audience analysis statistics tool that generates a cookie that enables us to measure the number of visits to our Website, the number of pageviews and visitors’ activity on the Website. This cookie is stored for a maximum of six months. Your IP address is also collected to determine the city you are connecting from.

To all intents and purposes, you can refuse the installation of cookies in your browser settings. Please note that third parties authorized by Kubity that provide advertisements, announcements, widgets or any other element displayed may also set and access cookies when you visit the Website. Please note that typically cookies do not contain personal data.

Pixel tags and other technologies may be set for the purposes of providing the Services, as well as to promote the services provided through advertising.

11. Consent

When you choose to provide your personal data you expressly give your consent for the collection, use, handle, transfer and retention of your personal data in compliance with the provisions set forth in this Privacy policy and the legislation in force. If the terms of this Privacy Policy do not suit you, you must no longer access the Website and/or use the services.

If you have given us your consent to process certain data, e.g. to receive a newsletter or third-party offers, you have the right to revoke this consent – also in part – at any time. You can usually do so by using the unsubscribe link.

In the case of direct advertising, you have a general right to object without having to provide information on the particular situation. Please inform us of your objection in writing to privacy@kubity.com.

12. Your Rights

In compliance with the European General Data Protection Regulation (GDPR) you have the following rights:

12.1 - Right to Information and rectification.

If you would like to know what personal data we hold on you, it can be found in your Kubity PRO account under “settings”. There, you will find an overview of the records stored by us, such as your name, email address and country. If you find that this information is incorrect, you can change it yourself. For all other rectifications, please contact us in writing at privacy@kubity.com

12.2 - Right to Erasure.

Should you wish to delete your data, you may ask us in writing at privacy@kubity.com. We will then erase your data in accordance with legal requirements.

However, we would like to point out while we are able to block your data immediately, due to technical restrictions it may take up to 30 days to permanently delete your data, provided there are no legal obligations and statutory rights preventing deletion.

Further, please note that after the confirmation of your deletion request it is not possible to restore your data.

12.3 - Right to Restriction of Processing.

You have the right to restrict the processing of your personal data. To this end, please inform us at privacy@kubity.com of the categories of data affected by your request and the reasons for your request. We will examine the facts immediately and inform you of the result.

12.4 - Right to Data Portability.

Please let us know in written form at privacy@kubity.com which data you would like to transfer to whom. We will examine your request immediately and inform you of the result.

12.5 - Right to Lodge a Complaint.

If you are dissatisfied with our efforts in connection with data protection, you have the right to lodge a complaint.

You can exercise these rights when they are not directly available in your client account by contacting us at the email address: support@spktechnology.com.

13. Anonymous Users of Kubity Products and Services

If you use our products and services anonymously, i.e. without having registered by providing your email address, we will not be able to perform the necessary and legally required identity check within the scope of your legal request. In accordance with Article 11(2) GDPR we therefore reject the exercise of any claims of the data subject according to Articles 12 to 22 GDPR, unless the data subject provides information allowing their identification in order to exercise their rights laid down in the aforementioned articles.

14. Privacy Policy Modifications

We reserve the right, at our sole discretion, to modify this Privacy Policy or any portion thereof. Any changes will be effective from the time of publication of the new Privacy Policy in the Website.

Your use of the Website after the changes have been implemented implicitly expresses your acknowledgment and acceptance of the new Privacy Policy. Otherwise, and if the new Privacy Policy does not suit you, you must no longer access the Website and/or use the services.

In case significant changes take place in the way we treat your personal information, we will notify you either by sending an email or by placing a prominent notice on our Website.

15. Entry Into Force

This Privacy Policy came into force on May 15, 2018.