1. Introduction

1.1. This privacy policy describes how As Built Digital collects, uses, and shares personal information when a User uses the software application ​‘As Built Plan.’ As Built Digital is committed to protecting privacy and complying with applicable data protection laws.

2. Identity of the Data Controller

2.1. The data controller for the personal data provided by the User of the Application is As Built Digital BV, located at Willem Deganckstraat 21, 1730 Asse, registered with the Crossroads Bank for Enterprises under number BE 0804 338 054.

2.2. As Built Digital processes personal data in full compliance with all applicable data protection and privacy laws, including the General Data Protection Regulation (GDPR) (EU) ²⁰¹⁶⁄₆₇₉, as outlined in this privacy policy.

2.3. As Built Digital may process all data about individuals provided by the User to As Built Digital. Such personal data includes, but is not limited to, name, home and office addresses, phone number, email address, certain data about professional activities, and any other information provided by the User.

3. Use of the As Built Plan Application

3.1. By using the Application, the user (“the User”) agrees to the terms described in this privacy policy.

3.2. If the User applies the Application using third-party data, however obtained, the User guarantees to As Built Digital that these data were obtained lawfully from these third parties and can be processed by the User and As Built Digital, that these third parties are aware of this privacy policy, and that their explicit consent has been obtained to process their data as described herein.

4. Data Collection

As Built Digital may collect and process the following types of data:

- User Data: Data provided by the User of the Application;
- End Customer Data: Data provided regarding individuals and organizations for whom the Application is used, including names and contact information;
- Installation Data: Information related to electrical diagrams and their validation.

5. Use of Data

5.1. We use the collected data for the following purposes:

As Built Digital processes personal data for various purposes in the context of its professional relationship with the User. As Built Digital will process personal data for, among other purposes:
- providing the services of the Application, including signing and validating electrical diagrams, digitally integrating electrical diagrams, and providing advice;
- integrating services and data with clients’ ERP systems for data loading and sharing;
- improving and expanding the functionality of the Application;
- maintaining the business relationship with the User;
- keeping the User informed about the services and activities of As Built Digital and informing them about events and news;
- complying with the legal and regulatory requirements applicable to As Built Digital (including anti-money laundering).

5.2. The legal bases for these forms of processing are as follows:
- The processing is necessary for the performance of a contract to which the User is a party or to take steps at the request of the User prior to entering into a contract (Art. 6, §1, (b) of the GDPR).
- The processing is necessary to comply with a legal obligation to which As Built Digital is subject (Art. 6, §1, © of the GDPR).
- The processing is necessary for the legitimate interests pursued by As Built Digital or by a third party, except where such interests are overridden by the User’s interests or fundamental rights and freedoms requiring the protection of personal data, especially when the processing concerns data of a child (Art. 6, §1, (f) of the GDPR). As Built Digital’s legitimate interests include: the proper management of its services in accordance with applicable laws and industry best practices; the implementation of measures to protect its systems, files, and databases, as well as its rights and assets; ensuring the best quality of its services.

We may also process special categories of (sensitive) data, in strict accordance with Articles 9 and 10 of the GDPR (processing necessary for the establishment, exercise, or defense of legal claims or for the conduct of our normal activities).

6. Disclosure and Sharing of Personal Data with Third Parties

For the purpose of performing the agreement, data integration, and to ensure the proper functioning of the Application, As Built Digital may exchange data with third-party platforms such as the SPOQ platform. If applicable, the User guarantees to As Built Digital that this processing is lawful and that lawful consent has been obtained from the person whose data is processed.

As Built Digital may also be required to share personal data with affiliated companies and with third parties providing services on behalf of or to As Built Digital, or when legally required, or when necessary for or in connection with the handling of a (judicial) file or to exercise or defend legal rights. To the extent required by law and where possible, As Built Digital seeks assurances from such a party with whom personal data is shared that personal data will be treated confidentially and securely and used only for the purposes specified by As Built Digital. As Built Digital does not share personal data with other third parties.

For the purposes outlined above, As Built Digital may transfer personal data to parties in other countries, even outside the European Economic Area (including the United States and other countries that have a different data protection regime than Belgium). In such a case, As Built Digital ensures that such transfer only takes place if it is necessary for concluding or performing an agreement concluded with the User or is in the User’s interest or for the establishment, exercise, or defense of a legal claim (if and when no other appropriate safeguards apply in accordance with Article 46 of the GDPR). If none of the above applies, As Built Digital always seeks specific consent.

7. Security

As Built Digital has implemented appropriate and up-to-date security measures to protect the personal data it processes from unauthorized access, alteration, use, or disclosure, unlawful destruction, or accidental loss, and against any other form of unauthorized processing. Unfortunately, no data transmission over the internet or data storage system can be guaranteed as 100% secure.

8. Retention of Personal Data

The personal data held by As Built Digital is not retained for longer than necessary for the purposes for which it was collected. In the case of a contractual relationship between the User and As Built Digital, for example, when the User has instructed As Built Digital to provide legal services, personal data is retained for the entire relationship and up to 5 years after the relationship has ended, unless otherwise agreed. Data collected by As Built Digital as part of As Built Digital’s business development efforts is kept until the User informs As Built Digital that they no longer wish to be contacted by As Built Digital, in accordance with the sections ​‘Rights of the Data Subject’ and ​‘Contact’ below.

9. Rights of the Data Subject

Within the limits of applicable law, a person whose personal data is processed has the right to access, correct, object to the use of, or request the deletion or removal of personal data, as well as the right to request a restriction of processing. Under certain conditions, such person may also have the right to data portability. To exercise these rights, one can contact us as described in the section ​“Contact” below with requests or if there are questions or concerns about how we process personal data. Some personal data may be exempt from the right of access, correction, objection, deletion, abolition, and portability in accordance with applicable data protection or other laws.

10. Data Security

We take reasonable measures to protect your data against unauthorized access, disclosure, alteration, or destruction.

11. Rights of the Individual Whose Data is Processed

An individual whose data is processed has the right to access, correct, or delete their personal data, among other rights.

12. Contact Information

For questions or comments about this Privacy Policy or data protection, one can contact us via info@​asbuiltplan.​be.

13. Changes to the Privacy Policy

We may update this Privacy Policy to reflect changes in our practices or for legal reasons. We will notify you of significant changes.

Please refer to the ​“Last Updated” date at the top of this privacy policy to see when it was last updated.

14. Complaints

The User or the person whose data is processed has the right to file a complaint with the Data Protection Authority (Drukpersstraat 35, 1000 Brussels — commission@​privacycommission.​be).