BIMsolar – General Terms of Use

This Notice is effective as of February 01, 2023
Welcome to www.bim-solar.com and to https://pim.bim-solar.com/ (hereinafter referred to as “the BIMsolar web sites”) edited by the EnerBIM Sarl company (hereinafter named “ENERBIM”).
The BIMsolar web sites are portals of technical and commercial resources for designers, engineers, manufacturers, technicians, buyers from all industrial sectors and for technical education.
These Terms and Conditions are intended to define the terms and conditions for the provision of the services of the BIMsolar solutions, hereinafter referred to as “BIMsolar” and the Conditions of Use thereof by the User.
Any access and / or use of the BIMsolar web sites implies the acceptance and the respect of all the terms of these Conditions and their unconditional acceptance. They therefore constitute a contract between ENERBIM and the User. If the User does not wish to accept all or part of these Terms and Conditions, he is asked to waive any use of the BIMsolar web sites.

We guarantee that ENERBIM ensures all compliance with the European General Data Protection Regulation (GDPR) texts.

Legal Notice

The BIMsolar web sites are published and maintained by EnerBIM Sarl with a capital of € 15.790, registered Toulouse RCS under number 812 293 421 and whose registered HQ is 76ter chemin du ruisseau de Fontbazi – 31450 DONNEVILLE – France.
Phone: +33 (0) 534 520 287.
The director of the publication is Mr. Philippe Alamy – Associate Director
The accommodation is made by OVH, head office: 140, Quai du Sartel, 59100 Roubaix – France.
VAT: FR06812293421
SIRET: 812 293 421 00028
NAF/APE: 5829C

Condition of access to services

Proposed services

The BIMsolar web sites are web platforms featuring the BIMsolar innovative solutions dedicated to solar simulation, architecture and BIPV, related to the building and construction sector. The BIMsolar web sites also exposes additional services to ensure the best integration of the BIMsolar solutions.

Access to services

The BIMsolar web sites are accessible free of charge to any User who has access to the Internet. All costs related to access to the solutions and services, whether material costs, software or access to the Internet are exclusively the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
ENERBIM implements all reasonable means at its disposal to ensure quality access to the BIMsolar web sites, but is under no obligation to do so.
ENERBIM cannot be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the solutions and services.
ENERBIM reserves the right to interrupt, suspend momentarily or modify without notice access to all or part of the BIMsolar web sites for the purpose of maintenance, or for any other reason. This interruption will not have any obligation or compensation.

Registration – Personal Data

To access BIMsolar solutions and services through the BIMsolar web sites, the User must register online by creating an account (free). He or her will then be asked to provide certain information and to create a username and password. Similarly, in order to benefit from a free test and / or receive information about products and services, the User must complete a form. To this end, it undertakes to provide accurate, up-to-date and complete information and to update it if necessary, as soon as possible.

Regarding their rights with regard to their Personal Data, Users are invited to read the EnerBIM Corporation Privacy Notice (hereunder), the content of which forms an integral part of these General Terms of Use.

Limits of liability

ENERBIM is committed to doing its best to ensure users always have access to the BIMsolar web sites. However, ENERBIM cannot be held responsible in case of unavailability of the BIMsolar web sites, for whatever reason.
The user acknowledges having the skills and means necessary to access the BIMsolar web sites and use them, and acknowledges having verified that the computer configuration used contains no virus or malware and is in perfect working order.
ENERBIM makes every effort to provide users with information and tools that are available and verified, but cannot be held responsible for errors or inaccuracies, lack of availability of information and / or the presence of viruses or other infections on his or her site.
ENERBIM does not grant to Internet users any explicit or implicit guarantee, with regard to the exactitude, the exhaustiveness or the update of the information contained in the BIMsolar web sites, or accessible from the BIMsolar web sites.
In addition, ENERBIM does not guarantee in any way the adequacy of information with the needs of the user, therefore it cannot support any claim for compensation for direct or indirect damage suffered by the user following the consultation and the use of the information obtained through the BIMsolar web sites.
The user therefore acknowledges using the information and tools available on the BIMsolar web sites under his exclusive responsibility.

Intellectual property

The www.bim-solar.com and https://pim.bim-solar.com/ websites are taken as a whole, as well as each element that composes them (brands, logo, texts, sounds, images, videos, animations, database … without making this list limited), are the exclusive property of ENERBIM.
The user has a right to private, personal, non-collective and non-exclusive use of this content. Subject to the exceptions to copyright provided by Article L122-5 of the French Intellectual Property Code, any other use of the content is subject to prior and express authorization from ENERBIM, especially if the user considers reposting the content on another site. Violation of these mandatory provisions subjects the offender, and all persons responsible, to the criminal and civil penalties provided by law.
For any authorization request, the User must contact the ENERBIM company by using the information provided in the “How to contact us” section heading below.

Link with Third Party Websites

The BIMsolar web sites offer links to other websites managed by Third Parties. To the extent that no control is exercised over these external resources, the User acknowledges that ENERBIM assumes no responsibility for the provision of these resources and cannot be held responsible for their content or effects.

Changes to the Terms of Use

ENERBIM may revise these General Terms of Use at any time by updating this document.
All changes are published on the BIMsolar web sites, Users are therefore encouraged to check all the Terms from time to time, as the Privacy Policy may also be updated.

Applicable Law and Jurisdiction

These General Terms of Use are subject to French law.
For any dispute or dispute not settled out of court that may arise from these Terms, only the Court of Toulouse, France will be competent.

EnerBIM Corporation Privacy Notice

This Privacy Notice is effective as of February 01, 2023

At EnerBIM Sarl (“EnerBIM”), we recognize the importance of protecting your personal information and are committed to processing it responsibly and in compliance with applicable data protection laws in all countries in which we operate.

SCOPE OF THIS PRIVACY NOTICE:

In the normal course of its business activities, EnerBIM collects, uses, and sometimes shares personal information of various individuals and organizations to run its day-to-day operations and provide products and services for your use. This Privacy Notice applies to all users of EnerBIM products and services and to visitors to EnerBIM websites and EnerBIM operated social media sites (we refer to the EnerBIM, BIMsolar® and BIMWIQ® websites, social media sites, and our products and services as “Sites and/or Services” in this Notice). This Notice describes EnerBIM general privacy practices that apply to such personal information collection and use.

This Notice does not apply to:
(1) personal information relating to employees, applicants for employment, or contractors providing services to EnerBIM,
(2) user generated or created content that is uploaded to EnerBIM products and services,
(3) circumstances when EnerBIM is acting as a processor of personal data on behalf of a data controller or
(4) when EnerBIM products or services utilize a component of your operating environment and that component collects personal information.

1. TYPES OF PERSONAL INFORMATION WE COLLECT

In describing our collection, use, and sharing of information in this Notice, we refer to our collection and use of "Personal Information." "Personal Information," as used in this Notice, is any information that identifies, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Examples of Personal Information include identifying information such as an individual’s name, username, email address, phone number, or other similar identifiers, information about products or services purchased or used, browsing and search history, and location data.

2. HOW WE COLLECT YOUR PERSONAL INFORMATION

We collect Personal Information in four ways:

1. We collect Personal Information you provide to us in optional, voluntary submissions such as registration forms, user profiles, promotional signups, sweepstakes/contest entries, requests for customer service, and software and mobile applications downloads,

2. We may collect some Personal Information automatically to perform a contract with you, where we have legal obligations to do so, or where our legitimate interests permit such collection. This is described below in " Passive Data Collection. "

3. We may also obtain information, including Personal Information, from third-party sources to perform a contract with you, where we have a legal obligation to do so, or where our legitimate interests permit such collection. If we directly combine information from third parties with Personal Information we have collected, we will treat the combined information as Personal Information and handle it in accordance with this Notice. In addition, please note we may solicit third parties to collect Personal Information on our behalf such as social media platform providers and, in such cases, we instruct those third parties to comply with this Notice and all applicable data protection laws.

4. On behalf of our customers where we act as a processor of Personal Information through our online services. In this situation, this Notice does not apply.

Passive Data Collection

Analytics Tools
We use analytics tools and other third-party technologies to collect information in the form of various usage and user metrics when you interact with, use, or install EnerBIM Sites and/or Services. These tools and technologies collect and analyze certain types of information, including cookies, IP addresses, device and software identifiers, referring and exit URLs, onsite behavior and usage information, feature use metrics and statistics, usage and purchase history, MAC Address, mobile unique device ID, and other similar information (referred to as “Collected Data”). The tools used by EnerBIM for our internal analytical purposes anonymize Collected Data.

The third parties that provide these analytics tools may also use the Collected Data with other information they have independently gathered from other websites and/or other online or mobile products and services you have used or interacted with, pursuant to their own policies or privacy notices. In addition to our use of technologies as described herein, we may permit certain third party companies to help us tailor advertising we think may be of interest to you based on your use of our Sites and/or Services and to otherwise collect and use data about your use of our Sites and/or Services. For more information about this practice, please see the "Third-Party Advertising Technologies" section below.

Cookies

We may use a variety of methods, including "cookies" to collect information.

What is a cookie?
Cookies are text files containing small amounts of information which are downloaded to your device when you visit a website. The contents of these cookies are then sent back to the originating website on each subsequent visit, or to another website that recognizes that cookie. Cookies are useful because they allow a website to recognize a user’s device and save information between website pages or on-line sessions. You can find more information about cookies at: All About Cookies.Org.

Cookies do lots of different jobs, such as letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. They can also help to ensure advertisements you see online are more relevant to you and your interests.

The cookies used on our Sites and/or Services by category are described below.

1. Optional Cookies

a. Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other sites. They do not directly store Personal Information but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

b. Social Media Cookies

These cookies are set by a range of social media services we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

2. Strictly Necessary Cookies

a. Always Active

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, or 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 become disabled. These cookies do not store any Personal Information.

b. Functional Cookies

These cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies, some or all of these services may not function properly.

c. Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our websites and social media sites. They help us know which pages are the most and least popular and see how visitors move around these sites. If you do not allow these cookies, we may not know when you have visited our site, and we are not able to monitor the sites’ performance.

Third-Party Advertising Technologies

We may permit certain third-party companies to help us tailor advertising we think may be of interest to users and to collect and use other data about user activities on our Sites and/or Services (e.g., to allow them to tailor ads on third party services). We do not sell your information to third parties. These companies may deliver ads that might place cookies and otherwise track user behavior. These companies may use information about user behavior to provide customized advertisements across various services and products.

While providing these services, products, or placing advertisements, these third-party companies may place or recognize a unique cookie on your computer and may record information to these cookies based upon your activities on any of our Sites and/or Services and on third party websites. Each of these companies uses this cookie information according to their own privacy and security policies. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out as indicated in this Notice. Please note this does not opt you out of being delivered advertising; you will continue to receive generic ads.

Opting Out of Cookies

By using the Sites and/or Services, you consent to the placement of the cookies referenced above. You can, however, set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. You may also change your cookie settings through preference options in our Sites and/or Services, where applicable. We will indicate that upon selecting your preferences, we will use a cookie to remember your preferences.
Click the following link to display cookies popup and manage tracking.

Personal Information relating to Children

We do not knowingly seek or collect Personal Information from users under the age of 16 (a “Child” or “Children”), except to the extent that EnerBIM may collect limited Personal Information from Children (but not their email addresses) where that Child's school or school district has contracted with EnerBIM to collect the Personal Information from the Children for the educational context authorized by the school or school district.

In the event we learn we have collected Personal Information from a Child without parental or guardian consent being obtained by his or her school or school district, or if we learn a Child has provided us Personal Information beyond what we request when he or she signs up for any of our Sites and/or Services, we will delete that Personal Information as quickly as possible. If you believe a Child may have provided us Personal Information beyond what is requested when signing up for any of our Sites and/or Services, or a student's school or school district has not obtained parental or guardian consent for a Child, please contact us using the information provided in the “How to contact us” section heading below.

If you are a user under the age of 16 and your parent or guardian signed up for an account for you with EnerBIM using a password or access ID provided by your school, your parent or guardian may be able to view all information contained in your account. This includes information such as messages between you and your teacher, and grades you received on your assignment.

3. HOW WE USE YOUR PERSONAL INFORMATION

We only use your data as expressly set forth in this Notice. If a need arises to use your data for a secondary purpose, we will provide you prior notice of such use.

Communication and Responding to Requests

We use your information, including Personal Information, to provide you with different services such as customer support, processing transactions, responding to users' requests, sending newsletters, updates, special offers and advertisements, seeking your opinions and feedback, and connecting you to other users of EnerBIM Sites and/or Services as well as to products and services of our partners and licensees.

You can opt-out of newsletters and updates, special offers and advertisements and offering your opinions and feedback by clicking this link E-Mail Preferences and providing your e-mail address and content preferences. If you elect to opt-out, we may be unable to provide you with the information contained in those materials.

Optimization & Diagnosis

We use your information, including Personal Information, behavioural metrics, and other non-personally identifiable information to operate, provide, improve, and maintain our Sites and/or Services, to develop new products and services, to personalize other content for you, and for other administrative and internal business purposes. You can opt-out of providing optimization and diagnostic information by following the instructions in the applicable Sites and/or Services.

Third-Party Advertising

We use your information, including Personal Information, behavioral metrics, geo-location data, demographic data, and marketing preferences to personalize and display advertisements and other content for you. You can opt-out of providing these marketing preferences by clicking this link: E-Mail Preferences. If you elect to opt-out, you may not be able to receive advertising content personalized for you, however you still receive non-personalized marketing content.

Sharing Features

We use your information, including Personal Information, and any other information you submit directly or through passive means to provide you with various ways to connect and share content (e.g., web content, user generated videos, text, drawings, and screen and lecture captures, and quizzing features, media, tools, services and other products) with third parties. For example, we may provide you with the opportunity to email a link to certain content to another person. To use this feature, we may require you to provide certain Personal Information including your email address and the email address of each person to whom you send the link.

We also may allow you to share links to content with users of various third-party services (e.g., social networking, search and sharing services). By using any of these third-party services to share links to content, you permit us to access, use and disclose any information relating to your account on each such third-party service (such as your username and profile information) that we make available for your use. We do not store your user credentials to these third-party services.

Protecting the Rights of EnerBIM and others

We use your information, including Personal Information, and any other information you submit directly or through passive means to protect misuse of our and our partners’ intellectual property.

4. WHY WE SHARE YOUR PERSONAL INFORMATION

We do not share your Personal Information with third parties except as noted herein. We may share your Personal Information as necessary to maintain business operations, such as with vendors working on our behalf (for example, delivery of services and digital advertising); as required by law or to respond to legal process; to maintain the security of our products; to monitor and enforce our rights as a licensor; to respond to an inquiry from a licensee concerning information in connection with users registered under their corporate email domain, to protect EnerBIM’s customers, employees, rights, or property; as part of a merger or acquisition; or with your expressed consent. If we share your Personal Information with a third party acting on our behalf, we remain liable for any harm that is caused by that third party if they have processed Personal Information in a manner inconsistent with this Privacy Notice or applicable law.

5. WHERE WE STORE AND PROCESS YOUR PERSONAL INFORMATION

Personal Information collected by EnerBIM may be stored and processed in your region, in France, and in any other country where EnerBIM, its processors, or its sub-processors operate and/or have facilities. The storage location is chosen in order to operate efficiently, to improve performance, and to create redundancies in order to protect the data in the event of an outage or other problem. This location is France. We take steps to ensure that the data we collect under this Notice is processed according to the provisions of this Notice and the requirements of applicable law relating to the Personal Information or you as a data subject. We will not transfer Personal Information from the European Union or European Economic Area (“EU”) to other countries that have not been determined by the European Commission to have an adequate level of data protection.

• EnerBIM commits to resolve complaints about your privacy and our collection or use of your Personal Information. EU, UK, and Swiss individuals with questions or concerns about the use of their Personal Information should contact us using the information provided in the “How to contact us” section heading below.

• If a Customer's question or concern cannot be satisfied through this process, EnerBIM commits to with an independent dispute resolution mechanism operated by the European Union Data Protection Authorities (EU DPA) or the Swiss Federal Data Protection and Information Commissioner (FDPIC) and to comply with the advice given by the EU DPA or FDPIC, as applicable.

If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed by EnerBIM, EU individuals may bring a complaint before an EU Data Protection Authority or Swiss individuals may bring a complaint before the FDPIC.

6. HOW WE SECURE YOUR PERSONAL INFORMATION

EnerBIM uses a variety of security technologies and procedures to help protect your Personal Information from unauthorized access, use or disclosure. While we implement safeguards designed to protect your Personal Information, no security system is impenetrable and, due to the inherent nature of the internet, we cannot guarantee that data, during transmission through the internet or while stored on our systems or otherwise in our care, is absolutely safe from intrusion by others. You should take steps to protect the security of your user account information, login, and password.

7. HOW LONG WE RETAIN YOUR PERSONAL INFORMATION

We retain Personal Information for as long as necessary to provide the products and fulfill the transactions you have requested, or for other legitimate purposes such as complying with our legal obligations, resolving disputes, enforcing our agreements, and improving our products. Because these needs can vary for different data types, the context of our interactions with you or your use of products, actual data retention periods can vary significantly.

When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize the Personal Information or, if this is not possible (for example, because your Personal Information has been stored in backup archives), we then securely store your Personal Information and isolate it from any further processing until deletion is possible.

When we collect Personal Information as a processor on behalf of the controller, the controller is the party who provides instructions on deleting or anonymizing the Personal Information.

8. HOW TO ACCESS AND CONTROL YOUR PERSONAL INFORMATION

You may access and review the Personal Information EnerBIM stores about you and correct any factual errors. Most of your Personal Information may be accessed and corrected by simply logging into your account and accessing your profile. For any other changes, please contact us using the contact details provided under the “How to contact us” heading below..

RESIDENTS OF THE EU

Legal basis for processing personal information (EEA and UK visitors only)
If you are a visitor from the European Economic Area or the UK, our legal basis for collecting and using the Personal Information described above depends on the Personal Information concerned and the specific context in which we collect it.

However, we normally collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms as described in Section 3. In some cases, we may also have a legal obligation to collect Personal Information from you or may otherwise need the Personal Information to protect your vital interests or those of another person.

If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us using the contact details provided under the “How to contact us” heading below.

If you are an EU resident, you have the following data protection rights:

• You may access, correct, update or request deletion of your Personal Information.
• You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information or request portability of your Personal Information.
• You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.
• Similarly, if we have collected and processed your Personal Information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your Personal Information. EU individuals may bring a complaint before an an EU Data Protection Authority or Swiss individuals may bring a complaint before the FDPIC.

When EnerBIM is the controller of your Personal Information, you can exercise your rights by contacting us using the information provided in the “How to contact us” section heading below.

We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with the requirements of applicable data protection laws.

NON EU or SWISS RESIDENTS

If you are non EU or Swiss resident, you have the following data protection rights:

• The right to know about the Personal Information EnerBIM collects about you, how it is used, and to whom it is shared,
• The right to access the Personal Information collected about you by EnerBIM,
• The right to have your Personal Information corrected or deleted,
• The right to obtain a portable copy of your Personal Information,
• The right to object to certain types of processing of your information and the use of your information for direct marketing activities. EnerBIM does not sell your Personal Information but acts as a controller of your Personal Information,
• The right to request that your activity is not tracked. Click the following link to display cookies popup and manage tracking.
• Please note that we don’t respond to “do not track” signals from web browsers.

You will not be discriminated against or penalized for exercising your Data Privacy Rights.

Please contact us using the contact details provided under the “How to contact us” heading below.

9. NOTICE REGARDING AUTOMATED DECISION-MAKING AND PROFILING

In some instances, our use of your Personal Information may result in automated decisions being taken (including profiling).

Automated decisions mean a decision concerning you is made automatically on the basis of a computer determination (using software algorithms), without our human review. For example, we use automated decisions to provide targeted advertising on our Services that may be of interest to you. You can opt-out of targeted advertising by contacting us using the information provided in the “How to contact us” section heading below.

10. HOW TO CONTACT US

To exercise your data subject rights, please contact us.

• If you have a privacy-related concern complaint, or question, please contact us using the dedicated center within the web site you are using (generally the "contact us form").
• Or, you may reach us using the following information:
EnerBIM Sarl
76ter chemin du ruisseau de Fontbazi
F-31450 DONNEVILLE - France

If you are a resident of the EU, you may contact a EU Representative who is responsible for data subject inquiries for EU residents (as required by Article 27, paragraph 1 of the GDPR).

11. CHANGES TO NOTICE

Please note that this Privacy Notice may change from time to time. If there are material changes to this Privacy Notice or in how we use your personal information, we will post a notice on our home page that this Privacy Notice has changed. You are also encouraged to periodically review this Privacy Notice to stay informed on how we are protecting your personal information.