Data processing
Art. 28 GDPR

(1) This agreement supplements the terms of use. It applies when you upload or edit content with your account that contains personal data of third parties. You are then the controller and we are the processor. It does not apply to work without an account.

(2) The agreement applies for as long as we process such data for you and ends with its deletion under clause 10.

(1) We store, edit, convert and provide your models so that you and members and agents you authorise can work with them.

(2) Type of data: contents of the models, in particular names, addresses, contact details and roles of parties to a construction project, and details of plots and buildings.

(3) Data subjects: parties to a construction project, such as clients, designers, contractors, owners and users.

(4) We process your own account data as controller under the privacy policy.

(1) We process the data only on your documented instructions. You give your instructions by using the functions of the Service, including calls by agents you have connected. You give further instructions in text form. If they require services beyond the Service, we may decline them or make them depend on a separate agreement.

(2) If we are legally obliged to process, we tell you beforehand, unless the law prohibits this.

(3) If in our opinion an instruction is unlawful, we point this out to you without undue delay. We may suspend carrying it out until you confirm or change it.

(4) We do not use the data for our own purposes. No model contents enter the usage analysis (privacy policy, section 4).

(5) If you connect an AI provider, we pass data on to it on your instruction. The AI provider is not our subprocessor. You settle your relationship with it yourself.

Persons who have access to the data at our end are bound to confidentiality or subject to a statutory duty of secrecy.

We take the measures appropriate under Art. 32 GDPR. Annex 1 describes them. We may adapt them to technical progress as long as the overall level of protection does not fall.

(1) You approve the use of the subprocessors named in annex 2 and give us a general authorisation for others. We bind them by contract to an equivalent level of data protection.

(2) We announce a new subprocessor or a change at least 14 days in advance by email or in the Service. Within this period you may object for an important reason relating to data protection. If we find no solution, either side may end the contract at the time of the change. You can export your data until then.

(3) If a change is urgent for security or legal reasons, we may shorten the period. Your right to object remains.

We transfer data to countries outside the EEA only if the conditions of Art. 44 et seq. GDPR are met, for example through an adequacy decision or standard contractual clauses. Annex 2 names the current bases.

We assist you by appropriate means in answering requests from data subjects and with your obligations under Art. 32 to 36 GDPR. You can exercise many rights yourself in the Service, such as by export, correction in the model or deletion. We forward requests from data subjects that reach us directly to you.

We report to you a breach that affects your data without undue delay after it has come to our knowledge, with the information available to us at that time.

(1) You can export and delete your data yourself at any time. When the contract ends, we delete the data 90 days after the end of the contract at the latest (clause 9(4) of the terms of use), unless a statutory retention duty applies.

(2) For technical reasons, deleted data may remain recoverable for up to 30 days. Access logs expire according to their periods.

(1) On request we provide you with the information necessary to demonstrate compliance with this agreement. Primarily this is done through this agreement with its annexes, a self-disclosure, and the certifications and audit reports of our subprocessors.

(2) If this is not enough in an individual case, you or an auditor bound to secrecy may carry out an audit, after announcement with reasonable notice, during our business hours and without disrupting operations. We may reasonably charge for the effort involved.

(1) As between you and us, the liability rule of the terms of use applies. Liability towards data subjects under Art. 82 GDPR remains unaffected.

(2) In case of conflict with the terms of use, this agreement prevails on matters of data protection.

The following measures describe the state at conclusion. We adapt them under clause 5.

Confidentiality. Encrypted transmission according to the state of the art. Encryption of persistently stored data at the storage provider (Google). Working copies on the server in an ISO 27001 certified data centre. Logical separation of data per account and workbench with access restricted to the accounts, members and agents entitled. Storage of access keys only as an irreversible hash value. Access to the operating environment only for the partners, without stored service account keys.

Integrity. Upload only with an account and after accepting the terms of use, checked on the server. Measures to mitigate instructions smuggled into connected AI systems through file contents: marking file text as data, removing invisible control characters, writing only to elements named explicitly. Logging of accesses to stored data.

Availability and resilience. Operation in data centres of two established cloud providers in the EU (Hetzner and Google, annex 2). Recoverability of deleted data for a limited time. Limiting of requests against abuse. Ability to close the Service at short notice in case of disruption or abuse.

Recovery. Procedures to restore data after an incident, which we rehearse regularly.

Review and evaluation. Reporting channel for security vulnerabilities under RFC 9116. Regular checking of software packages used for known vulnerabilities. Regular review of the effectiveness of these measures.

Sign-in through Google Cloud Identity Platform processes only account data, no model contents, and therefore does not fall under this agreement.