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The following information in this Privacy Notice (“Notice”) provides you with an overview of the collection and processing of your personal data by Nemetschek SE, Konrad-Zuse-Platz 1, 81829 Munich, Germany ("Nemetschek", "we", "us", "our") and about your rights under applicable data protection laws, namely the GDPR (General Data Protection Regulation (Regulation (EU) 2016/679)), when submitting this LinkedIn Lead Gen Form. Personal data collected through this LinkedIn Lead Gen Form comprises only your first name, last name, business e-mail addresses, company name and job title.
 

1. For whom is this Privacy Notice?

This Notice covers our processing of personal data with respect to any natural person who submits this LinkedIn Lead Gen Form or whose personal data is submitted through this LinkedIn Lead Gen Form by another person

By providing this Notice to you, we comply with our information obligations under GDPR. Please note that this Notice shall not confer upon you any rights or obligations that are not conferred upon you by law.

2. Who are we and how can you contact us or our data protection officer?

The controller of your personal data is:
Nemetschek SE
Konrad-Zuse-Platz 1
81829 Munich
Germany

If you have questions with respect to the processing by Nemetschek, this Notice, or the processing of your personal data in general and to exercise your rights towards Nemetschek as outlined below under no. 10., you may always contact the data protection officer of Nemetschek using the current and reachable postal address and email address set out below:

intersoft consulting services AG
Bernhard-Wicki-Straße 7
D-80335 Munich, Germany

Reachable by e-mail via:

[email protected]

3. What personal data do we collect?

When you submit this LinkedIn Lead Gen Form, we may receive and process the following personal data you provide, consisting exclusively of:

  • first name and last name;
  • business e-mail address;
  • your company;
  • your job title.

Please do not provide special categories of personal data or other confidential information through this form.

4. How is your data used (purposes and legal basis)?

To receive, route and respond to your enquiry, including contacting you about the product or service you asked about. We rely on our legitimate interests under Article 6(1)(f) GDPR to respond to business enquiries and managing prospective business relationships. For these purposes, our specific legitimate interests are to respond to business enquiries and manage any related prospective business relationship. Where you are personally requesting steps before entering into a contract with us, we may instead rely on Article 6(1)(b) GDPR. 

To assess and follow up on your enquiry, including understanding your stated business needs and identifying relevant products or services. We rely on our legitimate interests under Article 6(1)(f) GDPR in evaluating and responding to the enquiry you submitted. For these purposes, our specific legitimate interests are to understand your stated business needs, identify relevant products or services and provide an informed response to the enquiry. Where you are personally requesting steps before entering into a contract with us, we may instead rely on Article 6(1)(b) GDPR for this processing. 

To maintain and document our business communications, so that we can manage follow-up, maintain an accurate record of our interactions and administer our prospective business relationships. We rely on our legitimate interests under Article 6(1)(f) GDPR to manage and document business communications. Where a specific legal obligation requires us to retain particular records, we process the relevant data to comply with that obligation (Article 6(1)(c) GDPR).

To send you marketing communications, where you have given consent or where the communication is otherwise permitted by applicable law. Where we rely on consent, the legal basis is Article 6(1)(a) GDPR. Where direct marketing is otherwise permitted by applicable law without consent, the legal basis is our legitimate interests under Article 6(1)(f) GDPR, based on our legitimate interests in sending relevant marketing communications and subject to any additional requirements under applicable law. You may withdraw your consent at any time. You can also object to processing for direct marketing at any time.

5. Who has access to your information (recipients and service providers)?

Only authorized employees within Nemetschek SE with appropriate responsibilities have access to your personal data. 

We may further disclose your personal data to carefully selected service providers that process personal data on our behalf and subject to our instructions as so-called processors, for the purpose of providing their professional services to us. Such service providers may process personal data only on our instructions and in accordance with applicable data protection law. 

6. We may share your personal data with the following third parties:
  • We may share your personal data with our affiliated company Allplan GmbH for the purposes listed in no. 4 above.
  • Other third parties:
    • Tax and other state authorities (including law enforcement) for the purpose of compliance with laws and regulations applicable to us, on the basis of Article 6(1)(c) GDPR where disclosure is required by law;
    • Consultants (lawyers and auditors) for the purpose of compliance with legal obligations on the basis of Article 6(1)(c) GDPR,, in the context of corporate transactions and for safeguarding our rights, in each case on the basis of Article 6(1)(f) GDPR;
    • Courts for the purpose of safeguarding our rights, on the basis of Article 6(1)(f) GDPR.
7. How does the processing by LinkedIn take place?

This form is hosted and made available through LinkedIn. LinkedIn acts as an independent controller for its own processing of personal data and transmits the personal data you submit through this form, to Nemetschek. Nemetschek is responsible for the processing described in this Notice. LinkedIn may separately process personal data in accordance with its own privacy policy and terms. Further information about LinkedIn’s processing of personal data is available in LinkedIn’s Privacy Policy:

LinkedIn Privacy Policy: https://www.linkedin.com/legal/privacy-policy 

8. Do we transfer your data internationally (third country transfers)?

Your personal data will not be transferred outside the European Union or European Economic Area.

9. How long do we store your data?

We retain your personal data only for as long as necessary to fulfil the purposes described above, to manage our business relationship with you and to comply with applicable legal obligations.

We retain personal data relating to enquiries and prospective business relationships for up to three years following our last interaction with you, unless a longer retention period is required by law or necessary to establish, exercise or defend legal claims.

Personal data processed for marketing purposes will be retained until you object to receiving marketing communications, withdraw your consent (where applicable), or until we determine that the data is no longer relevant for our marketing activities. We may retain limited information on a suppression list to ensure your marketing preferences are respected.

10. What rights do you have under GDPR?

10.1 Right of access.
You may request information about the processing of your personal data and a copy of the personal data undergoing processing insofar as in particular such copy does not adversely affect the rights and freedoms of others. If the request is made by electronic means the information will be provided in a commonly used electronic format if you do not request otherwise.

10.2 Right to rectification.
You may request at any time the correction of your personal data that is inaccurate and/or completion of such data which is incomplete.

10.3 Right to erasure.
You may request deletion of your personal data, in particular where (i) the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed, (ii) you objected to the processing and there are no overriding legitimate interests for the processing, (iii) your personal data has been unlawfully processed or (iv) your personal data has to be erased for compliance with a legal obligation to which we are subject. The right to deletion, however, does not apply in particular where the processing of your personal data is necessary for compliance with a legal obligation or for the establishment, exercise or defence of legal claims.

10.4 Restriction of processing.
You may request restriction of processing (i) for the period in which we verify the accuracy of your personal data if you contested the accuracy of the personal data, (ii) where the processing is unlawful and you request restriction of processing instead of deletion of the data, (iii) where we no longer need the personal data, but you require the data for the establishment, exercise or defence of legal claims or (iv) if you objected to processing until it has been verified whether our legitimate grounds override your interests, rights and freedoms. If the processing of your Personal Data has been restricted, we may only, besides storing the data, process your personal data with your consent, in order to establish, exercise or defend legal claims or to defend rights of others.

10.5 Right to data portability.
You may request to receive your personal data, which you have provided to us, in a structured, commonly used machine-readable format and transmit those data to another controller without hindrance from us, where the processing is based on consent or a contract and the processing is carried out by automated means; in these cases you may also request to have the personal data transmitted directly to another controller where this is technically feasible (data portability).

10.6 Right to withdraw consent.
You may withdraw your consent at any time for the future where processing is based on your consent, without affecting the lawfulness of processing based on consent before its withdrawal.

10.7 Right to object.
You have the right to object, on grounds relating to your particular situation, at any time to processing of your personal data which is based on our legitimate interests. We then will no longer process your personal data for the purpose to which you have objected unless we are able to demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or for the establishment, exercise or defence of legal claims.

Where we process your personal data for direct marketing purposes, you have the right to object at any time to processing of your personal data for such direct marketing. We then will no longer process your personal data for direct marketing purposes.

10.8 Right to lodge a complaint.
You may lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of an alleged infringement if you consider that the processing of your personal data infringes applicable law.

Please address your requests to exercise your rights to [email protected]  (with the exception of the right to lodge a complaint with a supervisory authority).