Data Protection
Data protection information on the processing of your personal data when using our application 5D-Plugin-Updater
You have decided to use our application 5D-Plugin-Updater; we would like to thank you for the trust you have placed in us. In connection with the associated use, we collect and process various personal data that are required to fulfil the specified purposes. In line with our information obligation pursuant to Art. 13 GDPR, we would like to draw your attention to the following:
I. Name and address of the responsible party
The responsible party within the meaning of the General Data Protection Regulation and other national data protection laws of the member states as well as other data protection regulations is:
STRABAG AG
Donau-City-Str. 9
1220 Wien
Österreich
Tel. +43 1 22422-0
E-Mail: pr@strabag.com
Website: www.strabag.at
For questions about the processing of your personal data by us or about data protection in general, please contact the data protection officer at data-protection-group@strabag.com.
II. On the processing of your personal data
In the following, we would like to give you an overview of how we ensure the protection of your personal data when you use our application 5D-Plugin-Updater [URL] and what types of personal data we process, for what purposes and to what extent.
III. Provision of the application and creation of log files
1. Description and scope of data processing
When you access our application, our system automatically collects data and information from the computer system of the calling computer. The following information is collected in the process:
the operating system used,
the domain name of your internet service provider,
information about the type of browser and the version used
date and time of access
IP-address of the user
The data is also stored in the log files of our system. The data together with other personal data of you is not stored.
2. Purpose of the data processing
The temporary storage of the IP-address by the system is necessary to enable delivery of the application to the user's computer. For this purpose, the IP-address of the user must remain stored for the duration of the session.
The storage in log files is done to ensure the functionality of the application. In addition, we use the data to optimize the application and to ensure the security of our information technology systems. The data is not evaluated for marketing purposes in this context.
3. Duration of data processing
If your personal data is collected for the provision of the application, it will be deleted when the respective session has ended. In the case the data is stored in log files to ensure security, the data will be deleted after 7 days at the latest.
4. Legal basis of the data processing
The legal basis for the data processing is Article 6 (1) sentence 1, point (f) GDPR. The legitimate interest results from the purposes of the processing.
5. Possibility of revocation and removal
The collection of personal data for the provision of the application and the storage of the data in log files is mandatory for the operation of the application. Consequently, there is no possibility to object.
IV. Processing of data when registering for our application
1. Description and scope of data processing
If you want to use our application and you log in to it, we redirect you to login.microsoftonline.com as external authentication provider. As part of this process the following information is made available to use but not stored outside Azure Active Directory: First name, last name, email address(es), preferred username and the role within the application.
2. Purpose of the data processing
We collect this information so that we can identify you and enable certain features depending on the role assigned via AAD.
3. Duration of data processing
The data will be deleted when your account is deleted. The deletion of the data then takes place within 48 hours.
4. Legal basis of the data processing
The legal basis for data processing for external users on the basis of the concluded user agreement is Art. 6 (1) sentence 1, point (b) GDPR and for employees of the STRABAG Group Art. 6 (1) sentence 1, point (f) GDPR.
5. Possibility of revocation and removal
You have the right to object at any time, on grounds relating to your particular situation, to the processing of data relating to you which is processed on the basis of Article 6 (1) sentence 1, point (f) GDPR. The objection to the data processing must be substantiated. In this case, we will no longer process your data unless our interests, rights and freedoms prevail or the processing serves the assertion, exercise or defence of legal claims.
V. Processing of data when using the application
1. Description and scope of data processing
When using the application, you can create a user profile and enter your first and last name, a profile picture and your e-mail address.
2. Purpose of the data processing
The use profile is necessary to provide certain features, such as displaying a profile picture in the application.
3. Duration of data processing
The data will be deleted when your account is deleted. The deletion of the data then takes place within 48 hours. You can delete your profile photo at any time independently of your account. The deletion takes place within 48 hours. Non-essential data such as first and last name can be deleted at any time. The deletion takes place within a few seconds.
4. Legal basis of the data processing
The legal basis for data processing is Art. 6 (1) sentence 1, point (b) GDPR, Art. 6 (1) sentence 1, point (f) GDPR or Art. 6 (1) sentence 1, point (a) GDPR.
5. Possibility of revocation and removal
You have the right to object at any time, on grounds relating to your particular situation, to the processing of data relating to you which is processed on the basis of Article 6 (1) sentence 1, point (f) GDPR. The objection to the data processing must be substantiated. In this case, we will no longer process your data unless our interests, rights and freedoms prevail or the processing serves the assertion, exercise or defence of legal claims.
VI. Location of Data processing
The storage and processing of your data will always take place in the European Union or the European Economic Area.
If, exceptionally, your data is also processed in countries outside the European Union or the European Economic Area (so-called third country), this will only be done if you have expressly consented to this or if it is necessary for us to provide our services to you or if it is provided for by law (e.g., Art. 49 GDPR). Furthermore, your data will only be processed in third countries if certain measures ensure that an adequate level of data protection exists (e.g., adequacy decision of the EU Commission or so-called suitable guarantees, Art. 44 et seq. of the GDPR).
VII. Use of required cookies
1. Description and scope of data processing
Our application uses cookies. Cookies are text files that are stored on the user's device. When a user calls up the application, a cookie may be stored on the user's device. This cookie contains a characteristic string of characters that enables the user to be uniquely identified when the application is called up again. When calling up our application, users are informed by an information banner about the use of cookies and they are referred to this data protection declaration. In this context, there is also an indication of how the storage of cookies can be prevented in the browser settings.
2. Purpose of the data processing
We use session cookies in our app that are mandatory for the use of our app. These include cookies that enable us to recognise you while you are visiting the app as part of a single session. These are session tokens for user authentication, issued during the external login process.
3. Duration of data processing
Session cookies are stored for the duration of the session. Other Cookies in accordance to the lifespan.
4. Legal basis of the data processing
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 (1) sentence 1, point (f) GDPR.
5. Right of objection and removal
Cookies are stored on the user's device and transmitted from this to our site. Therefore, you as the user have full control over the use of cookies. By changing the settings on your device, you can disable or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may no longer be possible to use all the functions of the website in full.
Cookie List
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:
Strictly Necessary Cookies
These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.
Strictly Necessary Cookies: auth
VIII. Recipient
1. Access authorisation within our company
Within the responsible party e, only those persons have access to personal data who absolutely need it within the framework of the fulfilment of their function and tasks. These are in particular the administrators and developers of the application.
The legal basis for the data processing is Art. 6 (1) sentence 1, point (f) GDPR.
2. Transmission to external recipients
We only share your personal data with service providers that we use to provide services or that are entrusted with the provision of our IT systems. These include, among others, group companies of the STRABAG Group that provide services (e.g., IT services), hosting service providers, IT service providers (support, maintenance).
The legal basis for data processing is Art. 6 (1) sentence 1, point (f) GDPR.
Otherwise, we will only pass on your personal data to third parties if you have given us your consent to do so, to protect our legitimate interests (e.g., to lawyers and courts) or if there is a legal obligation to do so (e.g., to public authorities).
The legal basis for data processing in this case is Art. 6 (1) sentence 1, point (a) GDPR, Art. 6 (1) sentence 1, point (f) GDPR or Art. 6 (1) sentence, point (c) GDPR.
IX. Retention period
We store your personal data only as long as this is necessary for the fulfilment of the purpose for which they were collected or if this is provided for by law. Within the scope of a usage relationship, we store your data at least until the complete termination of the usage. Afterwards, the data is stored for the duration of the legal retention periods.
X. Your rights as a data subject
To exercise the rights to which you are entitled and if you wish to lodge a complaint in relation to the processing of personal data, you are welcome to contact our Data Protection Officers. The contact details can be found here: claus.genschow@bauholding.com.
Every data subject (natural person) has the following rights:
Right of access (Art. 15 GDPR)
Right to rectification of inaccurate data (Art. 16 GDPR)
Right to erasure (Art. 17 GDPR)
Right to restrict the processing of personal data (Art. 18 GDPR)
Right to data portability (Art. 20 GDPR)
Right to complain to a data protection supervisory authority (Art. 77 GDPR)
You may object to the processing of personal data for advertising purposes, including an analysis of customer data for advertising purposes, at any time without giving reasons.
In addition, the data subject also has a general right to object (cf. Art. 21 (1) GDPR). In this case, the objection to data processing must be justified. If the data processing is based on consent, your consent can be revoked at any time with effect for the future.
If the data processing is based on consent, your consent can be revoked at any time with effect for the future. The revocation of consent does not affect the lawfulness of the processing carried out on the basis of the consent until the revocation.
The easiest way to exercise your data subject rights is to contact 5D-Plugin-Updater [mail address]. In addition, you have the right to lodge a complaint with the data protection supervisory authority responsible for you.
XII. Status / Update
We adapt the information on data protection to changed functionalities or changed legal situations. We therefore recommend that you take note of the data protection notice at regular intervals. If consent is required, the changes will only be made with your consent.
Status: June 2022
Special terms and conditions for the 5D-Plugin-Updater plugins available for download
I. Introduction
STRABAG SE makes multiple plugins (hereafter collectively "the Plugins") available on the website 5D-Plugin-Updater.
In addition to the Terms of Use (available at [URL]/terms-of-use/), the following special warranty and liability provisions apply to these Plugins:
II. Special regulations on liability and warranty
The Plugins provided by us have been programmed to the best of our knowledge and belief for use on the 5D-Plugin-Updater website. They are provided free of charge to the users of the website.
For the rest, we refer to the passage "Responsibilities / Disclaimer" in the Terms of Use and notices.
The user indemnifies us against all claims, including any legal costs, asserted by third parties against us or against the provider of the Plugins, if the user has violated legal regulations in connection with the use of the Plugins. In the event of a claim by a third party, the user is obligated to immediately, truthfully and completely provide us with all information necessary for legal defense.
III. Applicable law
Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the user is a merchant within the meaning of the Austrian Commercial Code, the place of jurisdiction shall be Vienna.
Imprint
STRABAG AG
Donau-City-Str. 9
1220 Wien
Österreich
pr@strabag.com
Sitz der Gesellschaft: 9800 Spittal/Drau, Ortenburgerstr. 27
Firmenbuchnummer: FN 61689 w, Landesgericht Klagenfurt
UID-Nr.: ATU 14487107
STRABAG AG points out that, unless expressly agreed otherwise in individual cases, it will not participate in online dispute resolution proceedings before a consumer arbitration board in accordance with the Federal Act on Alternative Dispute Resolution in Consumer Matters (Alternative-Streitbeilegung-Gesetz – AStG, BGBl. I Nr. 105/2015) or in accordance with European Regulation No. 524/2013.
Terms and conditions for the permitted use of the web application 5D-Plugin-Updater
I. Introduction
The following terms and conditions and notes are intended to ensure the appropriate use of the 5D-Plugin-Updater web application offered by STRABAG AG as well as associated plug-ins (hereinafter jointly referred to as "Services") by the internal and external users of the website and the Services and to ensure compliance with customary standards of use. By using the 5D-Plugin-Updater website or the Services or, if a separate log-in is required, by logging in, a user declares his or her agreement with the notices and terms of use.
II. Application
These terms and conditions and notices apply to all users who use the services and for as long as they do so. We recommend that all users keep the notices and refer to them in case of doubt.
STRABAG SE may suspend or terminate the provision of the services to individual or all users if they violate the terms, conditions and notices.
III. Obligations when using the services
Each user agrees not to misuse the services or assist others in misusing them. For example, no user may do, or attempt to do, any of the following in connection with the Services:
Examine, scan or test the vulnerabilities or weaknesses of any system or network; or
violate or otherwise circumvent or attempt to violate any security or authentication measures; or
access non-public areas or portions of the Services or shared areas of the Services to which the user has not been invited; or
interfere with, disrupt or disable users, hosts or networks by, for example, sending viruses, worms, Trojan horses, overloading, flooding, spamming, junk mail, chain letters or email bombing any part of the Services; or
access, browse or create accounts for the Services by any means other than interfaces or interfaces supported by the Group (STRABAG AG) (e.g., by "scraping" or creating accounts in bulk); or
send unsolicited communications, advertisements, solicitations or spam; or
send altered, misleading or false sender information to identify the source, including "spoofing" or "phishing" or pretending to be a person or entity that the user is not; or
advertise or promote products or services other than its own without proper authorization; or
abuse referrals or promotions to obtain more storage space than the user is entitled to; or
circumvent limits on storage space; or
otherwise sell or offer for sale the Services unless expressly authorized to do so by STRABAG AG; or
post or transmit any material or content that is unlawfully pornographic, indecent or contains extreme acts of violence; or
advocate discrimination or hatred against any person or group of people on the basis of race, religion, ethnicity, gender, gender identity, sexual preference, disability or impairment; or
use the Services to stalk, threaten or harass another person or party; or
violate applicable laws in any way, including storing, posting or distributing content that is fraudulent, defamatory or misleading; or
post, upload or distribute information that interferes with or violates the rights of third parties, including, but not limited to, privacy or publicity rights; or
collect or store personal information without permission; or
violate the privacy or rights of others.
Framing of the website is not permitted.
IV. Use of services / data by users
Without the express prior consent of STRABAG SE, users are not permitted to use, remove or change names, logos, taglines or other identifiers of STRABAG AG or group companies associated with STRABAG AG.
All copyrights, trademarks and other intellectual property rights on the website and services (in particular the design of the website, texts, graphics and all software and source codes in connection with the website) are either the property of STRABAG AG, licensed to STRABAG AG or used in other legally permissible ways by STRABAG AG.
By visiting the website and using the services, users confirm that no content will be downloaded, reproduced, transmitted, stored, sold or distributed in any other way without the prior written consent of STRABAG AG as copyright holder. Excluded from this is the downloading, copying and/or printing of pages of the website / data of the services for the intended use, which the users have communicated during their registration (personal and non-commercial use).
V. Rights of use for software made available on the website (plug-ins)
STRABAG AG grants users a non-exclusive, revocable, non-transferable and non-sublicensable right to access and use the software (plug-ins) provided on the STRABAG AG website for personal and non-commercial purposes. Beyond personal and non-commercial use, the plug-ins published on the website may not be modified, copied, reproduced, sold, rented, transmitted, displayed, published, licensed, edited, used, supplemented or exploited in any other way without the express permission of STRABAG AG.
Beyond the rights granted above, no license or right to any other commercial property right or copyright of STRABAG AG is granted to a user, whether by implication or otherwise.
The plug-ins are provided to users free of charge in machine-readable form. A claim to surrender of the source code exists only with respect to source codes of open source software whose license provisions, which take precedence over these Terms of Use in the event of the transfer of open source software, prescribe the surrender of the source code. In this case STRABAG AG shall make the source code available against reimbursement of costs.
VI. Responsibilities / Disclaimer
Users are solely responsible for all data they upload and for any communication for which they use the services. STRABAG AG does not control the use of the services by users. Users agree that they use the services on their own responsibility and at their own risk.
The services and the contents of the website are provided "as is" and on an "as available" basis, without any express or implied warranty or representation by STRABAG AG, in particular STRABAG AG does not warrant or assume any responsibility for the content and accuracy of the data downloaded by a user with respect to the satisfactory quality of the data, the suitability of the data for a particular purpose, the non-infringement of rights by the use of the data, the compatibility of the data and its security, and the security of the services.
STRABAG AG also assumes no guarantee for the functionality of the plug-ins provided or their use for a specific purpose pursued by the user and is not liable for this.
In particular, STRABAG AG will not be liable to the extent permitted by law for any special, consequential, incidental, indirect, exemplary or purely economic damages, including but not limited to lost business, opportunities, data or profits arising out of or in connection with the use of the services / the website. In order to provide the Services effectively and in accordance with applicable laws and the Terms of Use, STRABAG AG may monitor and record a User's use of the Services. Users authorize STRABAG AG to collect, store and use such information, provided that STRABAG AG complies with the data protection requirements of the GDPR. These terms of use and notices are subject to the data protection notices and privacy policy published on the website.
VII. Changes to the notes on permissible use
STRABAG AG reserves the right to adapt these conditions and notes to changes in the scope of use of the web application or changes in the legal situation. Any amendment shall be valid from the time of its publication.
VIII. Applicable Law, Miscellaneous
Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction, if the user is a merchant within the meaning of the Austrian Commercial Code, is Vienna.