Privacy - Konstru, LLC
The Konstru Privacy Statement was last revised: April 10, 2017
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About Konstru
Your privacy is important to Konstru. In this privacy statement we refer to (i) our 3D BIM model collaboration and interoperability software that we offer as a subscription service through our websites as “Applications”; (ii) the subscription services that we offer through our websites as “Services”; and (iii) our konstru.com website and any other websites or social media sites that we control as “Digital Properties.” Our full legal name is Spectacles Suite LLC, doing business as Konstru, a Delaware limited liability company.
Scope of this privacy statement
This privacy statement tells you about our privacy practices for our Digital Properties and Applications that include a link or reference to this statement. It also tells you about our marketing and advertising practices, and applies to our off-line practices. Our customer’s use of our Services and Applications are also subject to terms in our Application Terms of Service. This privacy statement does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which any of our Digital Properties contain a link. The inclusion of a site link on a Digital Property does not imply endorsement of the linked site by us or by our affiliates. Your use of the publicly available portions of our Digital Properties are subject to our Terms of Use.
How to contact us
if you have any questions about this privacy statement, or believe that we have not adhered to it, please contact us using the contact page on our website or by postal mail at:
Privacy Questions
Konstru
51 Madison Avenue
New York, NY,
10010
Information that we collect
We may collect information about you for a number of legitimate business purposes. We have broken into the following categories the types of information that we may collect from or about you (collectively, the “Collected Information”):
| Name and Contact Information | Information including your name, email address, postal address, phone number, and similar contact information when you create a user ID to access our Digital Properties or applications, create a user profile, register for an event or other offering, make a purchase, or contact us for services, support or other reasons. |
| Login and Authentication Credentials | Username, passwords, security and authentication credentials including security questions and answers, and any unique ID number used to identify you and your associated information. |
| Structural Models and Designs | Information associated with the structural models and designs (including elements) that you upload to our Applications. |
| Plugin Selection Information | Information associated with your choice of plugins for interoperability of our Applications with certain third party software |
| Demographic Information | Demographic information, such as your ZIP code, country, preferences, interests, and other similar things. |
| Purchase and Transaction Information | Information associated with your purchases such as your contact information including billing address. We use a third-party payment processor and do not receive credit-card or other financial information. You may contact our payment processor Stripe (Stripe Privacy Statement) with any questions regarding its use of your information. |
| Websites, Servers, Browsers Data | Information collected automatically when you communicate with us, access our Digital Properties and Applications through a browser. This includes data about your visit, including the pages you view, the links you click, and other actions taken in connection with our Digital Properties and Services. We also collect certain standard information that your browser sends to our websites that you visit, such as your IP address, browser type and language, access times, and referring website addresses. When you receive our newsletters or promotional emails, we may use Web beacons (described below in the Digital Properties Usage Information), customized links, or similar technologies to determine whether the email has been opened and which links you click in order to tailor our newsletters and promotional emails to your interests. |
| Usage Data | We require you to log-in when you use our Services. We monitor and collect certain usage information. For example, we track your device, products and features you are using, and other usage data such as the date and time the application was used. |
| Data Supplementation | To keep our databases accurate and current, we may combine information you give us with information from public sources and trustworthy companies (such as our channel partners and business contact database vendors), all in accordance with applicable law. For example, we may use services from other companies to ensure that we have accurate contact information. |
| Contacting Us | When you contact us to request services, support or other information, we may keep a record of the communication and your contact information. |
| Location Information | We collect data about your location when you enable location-based services or features such as location derived from your IP address or data. |
| Social Networking Pages | We have our own pages on many social networking sites such as Facebook, Twitter and LinkedIn. We collect information when you visit and interact with our social networking pages. Please review the privacy and data usage policies of any social networking platform you use to learn more about its privacy practices. |
Konstru stores the information we collect from and about you in the United States without regard to where the information originates. If you are in the European Union, Switzerland, or another region with laws governing data collection, transfer, and use, you agree to the transfer to, and processing and use of, your information in the United States and other countries where privacy laws may be considered less strict than those of your jurisdiction. Providing us with information or continuing to use our Digital Properties and Services indicates that you are agreeing to the collection, use, disclosure, management, and storage of information collected from you as described in this privacy statement. If you are a resident of the European Union, please see the EU-U.S. Privacy Shield Framework section below.
How we use your Collected Information
We use Collected Information in the following ways:
| Providing, improving, and personalizing services |
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| Communication |
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| Marketing and advertising |
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| Other Legitimate Purposes |
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How we use and share your Collected Information
We do not use or otherwise disclose Collected Information except as described in this privacy statement. Konstru is not in the business of selling or otherwise distributing personal information.
Except as required by law, we will only permit access to your Collected Information to (i) our employees, independent contractors and service providers (as described in the following paragraph) as necessary for the purposes described in this privacy statement; (ii) to our professional service providers (such as accountants) in connection with the compilation, review and/or audit of our financial statements; and (iii) to potential acquirers (and their professional service providers) of our business solely for the limited purpose of performing due diligence on our business. Prior to granting such access, we first require the recipient to agree in writing to abide by our data privacy and security requirements and to maintain the confidentiality of the information, except where required by law to disclose your information. We will not permit access to your Collected Information to anyone else except as described above or except as required by law. For example, your Collected Information will not be disclosed to our equity owners unless such equity owner is an individual who (i) is also our employee or independent contractor, (ii) accesses the Collected Information only for the purposes described in this privacy statement, and (iii) agrees in writing to abide by our data privacy and security requirements and to maintain the confidentiality of the information, except where required by law to disclose such information.
We may share your Collected Information with our service providers for any purpose described in this privacy statement. For example, we may share your Collected Information for purposes of data processing or storage, delivering customer support, processing credit card payments, and sending emails on our behalf. In such cases, these service providers will be permitted to obtain only the information they need to deliver the respective services for us and are not allowed to use your information for any other purpose, except where required by law. Such service providers must abide by our data privacy and security requirements and they are required to maintain the confidentiality of the information, except where required by law to disclose your information.
We may access and/or disclose information we collect if we believe such action is necessary to: (a) comply with the law or legal process served on Konstru; (b) protect and defend the rights or property of Konstru (including the enforcement of our agreements) or third parties; or (c) act in urgent circumstances to protect the personal safety of users of Konstru services or members of the public.
If we merge with another company or reorganize or sell some part or all of our business, assets, or stock (including if we file for bankruptcy or similar proceeding), we may share your Collected Information in connection with the merger, sale or reorganization. You acknowledge that such transfers may occur and that any acquirer may continue to use your Collected Information as set forth in this privacy statement.
Your Choices and Controls
You may have the ability to view or edit online your Collected Information. To help prevent this information from being viewed by others, you will be required to sign into your account with us with your credentials (e.g. username and password). The appropriate method(s) for accessing your information will depend on which sites or Services you have used. Some Konstru webpages or services may collect information that you may be able to access through alternative means of access described by the service. You can also make requests to us regarding your Collected Information from the contact page on our website and we will contact you within 30 days regarding your request.
You can stop the delivery of future promotional email from Konstru and services by following the specific instructions set forth in such promotional email. You may also have the option of proactively making choices about the communications you receive from Konstru by contacting us at the contact page on our website. However, we may send out emails periodically informing you of administrative and technical service issues about the Services that you are using. These communications are considered essential to the provision of the Service you have requested. You will not be able to choose to unsubscribe to these mailings, as they are considered a part of the Service you have chosen.
Please refer to the Digital Properties Usage Information section below for your choices and controls with respect to cookies and similar technologies.
Security of Your Information
The security of personal information is a high priority at Konstru. We maintain our Digital Properties and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. No computer system or information can ever be fully protected against every possible hazard. Konstru is committed to providing reasonable and appropriate security controls to protect our Digital Properties and the Collected Information against foreseeable hazards. If you have any questions about security on any of our Digital Properties, you can contact us from the contact page on our website.
Data Retention
We will retain the Collected Information that we process on behalf of our client as needed to provide our Services to you. We will retain and use this information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Collection and Use of Children’s Information
Konstru webpages and services are intended for general audiences and we do not knowingly collect any personal information from children. When a Konstru webpage does collect age information, and users identify themselves as under 13, the site will either block such users from providing personal information, or will seek to obtain consent from parents for the collection, use, and sharing of their children’s personal information. We will not knowingly ask children under the age of 13 to provide personal information to us.
Digital Property Usage Information
Cookies – When you visit our Digital Properties we send one or more “cookies” to your computer or other devices. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, allowing social interactions, analyzing usage for site optimization, providing custom content, allowing third parties to provide social sharing tools, and serving images or videos from third party websites. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to any Collected Information you voluntarily submit while on any of our Digital Properties. We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our Digital Properties. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. Functional cookies, persistent and session type, store information to enable core site functionality, such as Live Chat and Client ID remembrance. Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site and our marketing campaigns. If you reject cookies, you may still use the Digital Property pertaining to the deleted cookie, but some features on that site will not function properly.
Web Beacons – We use Web Beacons alone or in conjunction with cookies to compile information about our Digital Properties. A Web Beacon is a tiny graphic object that is embedded in a web page or email and is usually invisible to the user but allows checking that a user has viewed the page or email. Web Beacons may be used within the Digital Properties to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by Web Beacons to the Collected Information. For example, we use clear gifs in our HTML-based emails to let us know which emails to potential respondents have been opened. This allows us to gauge the effectiveness of certain communications and the effectiveness of our services.
Third Party Tracking Technologies – The use of cookies and web beacons by any tracking utility company or third party service provider is not covered by this policy. We do not have access or control over these cookies and web beacons.
Analytics Software – We and our third party tracking-utility partners use log files on our Digital Properties to gather certain information automatically and store it for analytical purposes. This information includes internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to track and aggregate non-personally identifiable information to analyze trends, administer our Digital Properties, track users’ movements around our Digital Properties and to gather demographic information about our user base in the aggregate.
Social Media Features and Widgets – Our Digital Properties include social media features, such as the Facebook Like button and widgets, such as the Share this button or interactive mini-programs that run on our site. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social Media Features and widgets are either hosted by a third party or hosted directly on our Digital Properties. Your interactions with these Features are governed by the policy of the company providing it.
“Do not track” and similar mechanisms
Some web browsers may transmit “do-not-track” signals to websites with which the browser communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they are even aware of them. Participants in the leading Internet standards-setting organization that is addressing this issue are in the process of determining what, if anything, websites should do when they receive such signals. Konstru currently does not take action in response to these signals. If and when a final standard is established and accepted, we will reassess how to respond to these signals.
EU-U.S. Privacy Shield Framework (EU Residents) (Pending Approval)
Konstru complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Konstru has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability, and the 16 Supplemental Principles (collectively, “Privacy Shield Principles”). Such adherence is subject to investigation and enforcement by the U.S. Federal Trade Commission.
Konstru’s participation in the Privacy Shield applies to all personal information that is subject to this privacy statement and is received by or on behalf of Konstru from the European Union and European Economic Area. Konstru will comply with the Privacy Shield Principles in respect of such personal information. If there is any conflict between the terms in this privacy statement and the Privacy Shield Principles, the Privacy Shield Principles shall govern in respect of such personal information. Konstru’s adherence to the Privacy Shield Principles may be limited to the extent necessary to meet national security, public interest, or law enforcement requirements.
Konstru’s accountability for personal information that it receives under the Privacy Shield framework and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Konstru remains responsible and liable under the Privacy Shield Principles if third-party agents that we engage to process personal information on our behalf do so in a manner inconsistent with the Privacy Shield Principles, unless we prove that we are not responsible for the event giving rise to the damage.
You have the right to access your personal information maintained by Konstru under the Privacy Shield framework, and to correct, amend or delete such information where it is inaccurate or processed unlawfully, as described in the Privacy Shield Principles. To exercise these rights, please contact us by clicking on the contact link on our website.
In addition, Konstru provides individuals with certain choices regarding how we use and disclose personal information we receive under the Privacy Shield framework. First, if Konstru uses your personal information for a materially different purpose than that for which it was originally collected or discloses your personal information to a third party (other than third party providers acting on our behalf), we will first provide you with a clear, conspicuous, and readily available mechanism to opt-out of any such use or disclosure (for example, by sending you an email seeking your consent). Further, all of our email communications include the ability to opt-out from receiving future emails, except those emails that are necessary to provide you with the services you have requested or purchased. If you have any questions about your choices regarding how we use and disclose your personal information, or how to exercise these choices, please contact us via the contact page on our website.
We encourage you to contact us should you have a Privacy Shield-related (or general privacy-related) complaint or inquiry by clicking on this contact us link. For any complaints that cannot be resolved with Konstru directly, Konstru has chosen to cooperate with the American Arbitration Association, an alternative dispute resolution provider, to resolve such complaints at no charge to you. Please visit http://info.adr.org/safeharbor for more information and to file a complaint. As further explained in the Privacy Shield Principles, a binding arbitration option will also be made available to you to address residual complaints not resolved by any other means.
To learn more about the Privacy Shield program, please visit www.privacyshield.gov. To view our certification, please visit www.privacyshield.gov/list.
Changes to this Privacy Statement
We will update this privacy statement when necessary to reflect customer feedback and changes in our services and practices. When we make changes, we will post the “Last Revised” date at the top of this privacy statement so you know when those changes were made. If there are material changes to this privacy statement or in how Konstru will use information we collect from and about you, we will notify you either by prominently posting a notice of such changes prior to implementing the change or by directly sending you a notification. We encourage you to periodically review this privacy statement to be informed of how Konstru is protecting your information.