Effective Date: December 7, 2018
We understand that confidentiality of information is important to visitors to our website and to users of Newforma products and services. This privacy notice (“Privacy Notice”) describes how we collect, receive, use, store, share, transfer, and process your personal information. It also describes your choices regarding use, access and correction of your personal information.
This Privacy Notice applies to Newforma (and its parent/subsidiary companies including, but not limited to, Newforma LLC (US), Newforma Asia Pacific Pte Ltd, Newforma Australia Pty Ltd, Newforma EMEA Ltd, Newforma UK Ltd, Newforma Canada ULC, Newforma Germany GmbH, and Newforma France SARL (collectively, “Affiliates” “we” “our” or “us”.
- https://projectcloud.newforma.com – Newforma ConstructEx™ Software
- https://Infoexchange.newforma.com – Newforma InfoExchange software
- http://www.newforma.com.au/ – Australia
- http://www.newforma.sg/ – Singapore
- http://www.newforma.co.uk/ – United Kingdom
- http://www.newforma.ca/ – Canada
- http://www.newforma.fr/ – France
- http://www.newforma.de/ – Germany
- Newforma Cloud Services Software mobile and web applications
EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
Newforma, Inc. (and its parent/subsidiary companies including, but not limited to, Newforma LLC (US), Newforma Asia Pacific Pte Ltd, Newforma Australia Pty Ltd, Newforma EMEA Ltd, Newforma UK Ltd, Newforma Canada ULC, Newforma Germany GmbH, and Newforma France SARL) participates in, and has certified its compliance with, the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework.
Newforma is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, in reliance on the Privacy Shield Frameworks, to the Frameworks’ applicable principles. To learn more about the Privacy Shield Frameworks, visit https://www.privacyshield.gov/welcome.
Newforma is responsible for the processing of personal data it receives and any subsequent transfer to a third party acting as an agent on its behalf under each Privacy Shield Framework. Newforma complies with Privacy Shield principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Newforma is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Newforma may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website, you may invoke binding arbitration when other dispute resolution procedures have been exhausted.
Contents by Section:
A. What Newforma Collects
- Personal information You Provide to Newforma
- Other information Collected by Newforma
- Service Use
B. How Newforma Collects Information
- Data Collected by Cookies
- Embedded URLs
- Embedded Pixels and Similar Technologies
- Mobile Applications
C. How Newforma Uses Your Data
- Tailor Marketing to Your Needs
- Respond to Your Requests
- Provide Support
- Customer Community
- Interact with You on Third Party Social Networks
- Post Testimonials
- Career services
- Service Providers
D. Your Choices and Obligation
- Access/Updating Personal Information
- Opting Out
- Retention and Deletion
- Cross-Border Data Transfers
- Service Providers
E. Third Party Sites and Privacy
F. Technical Support and Privacy
- Information Collected about Technical Support and the Use of that Information
- Newforma Remote Desktop Access to Servers
- Newforma Remote Diagnosis
- Usage Feedback and Licensing Reporting
G. Additional Privacy Topics
- Changes to this Policy
- Contacting Us
Section A. What Data Newforma Collects
Personal and Other Information Newforma Collects
Through your interaction with and use of the Newforma websites and associated digital channels and Newforma products and services, Newforma will collect certain personal information, which is information that identifies an individual or relates to an identifiable individual.
To request information from Newforma regarding products and services, register for a Newforma hosted event, or subscribe to Newforma communications, you need to provide data including your name, email address, phone number, company name, job title, primary industry, and business location. We may also collect your profession, street address, postal code whenever you apply to our career portal.
Providing this information is optional, however, this may impede your ability to complete certain actions.
Newforma may also collect other information through your interaction with and use of the site. Other information may include, but is not limited to:
- Unique IDs such as a cookie placed on your computer, mobile or other device.
- Internet Protocol address (“IP Address”) and information derived from your IP address such as your geographic location.
- Information about your devices such as information contained in HTTP headers or other internet transfer protocol signals, browser or device type and version, operating system, user-agent strings and information about or from the presence or use of “apps” on your mobile devices, screen resolution, and your preferred language.
- Behavioral data about your usage of the Newforma website and associated digital channels, such as webpages clicked, websites and content areas visited, date and time of activities and products.
- The web search you used to locate and navigate to the Newforma website and associated digital channels.
We obtain information about you from third parties and public sources in order to in order to provide you with marketing and sales information.
At times, Newforma may also collect other information such as credit card and other payment information for processing payment transactions.
Newforma collects certain information, including, but not limited to, name and email address, from people who use our products. Information is collected when a user first signs up with any Newforma product offering or first uses a Newforma mobile application. Newforma may use the information collected from you in order to provide information to you via email regarding Newforma’s products and services or the products and services of Newforma’s partners. If you do not wish to receive such information, you may opt out by following the procedure described in “Updating Personal Information and Opting Out” below. In addition, emails we distribute containing information we think may be of interest to you also contain instructions as to how you can opt-out of future emails. Please note, “you may continue to receive service-related correspondence from us when utilizing our services and products.”
For mobile applications, we may also collect your location based information to deliver location-based services. We will only share this information with our mapping provider for the sole purpose of providing you this service. You may opt-out of location based services at any time by editing the setting at the device level.
Section B. How Newforma Collects Data
Data Collected by Cookies, Web Beacons and Other Similar Technologies
To manage Flash cookies, please click here: http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html
Embedded URLS: Newforma may use a tracking technique that employs embedded URLS to allow use on the Newforma website and other digital channels without cookies. Embedded URLS allow limited information to follow you as you navigate the electronic channels, but are not associated with personal information and are not used beyond the visiting session.
Embedded Pixels and Similar Technologies: On the Newforma website and other digital channels, Newforma may use embedded pixel technologies for the purpose of identifying unique user visits (as opposed to aggregate hits). In addition, embedded pixels or other technologies may be used in emails to provide information on when the email was opened to track marketing campaign responsiveness; information collected using these technologies may be associated with the recipient’s email address.
For our mobile applications, we use mobile analytics software to allow us to better understand the functionality of our mobile software on your mobile devices. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and where the application was downloaded from. We may link the information we store within the analytics software to any personally identifiable information you submit within the mobile application.
Section C. How Newforma Uses Your Data
Newforma uses the data we have about users to provide and personalize, including with the help of automated systems and inferences we make, our experience so that it can be more relevant and useful to users.
Newforma uses the Personal Information it collects to:
- Tailor Marketing to Your Needs: Newforma may use your personal and other information to notify you about new product releases and service developments, and to advertise Newforma’s products and services in accordance with this policy. Your website visit, marketing experience, and communications may be tailored to your interests based on your personal information.
- Respond to Your Requests: Newforma will also use personal information in order to respond directly to your information requests including website inquiry forms, emails, and phone calls.
- Provide Support or Other Services: Certain Newforma partners provide training, implementation and work process consulting to our customers. We share personal contact information with these consultants when they are assigned to a customer or prospect.
- Exposure: Many Newforma users gain valuable professional and commercial exposure by being included in lists on the Newforma website or in a Newforma Customer Community that identify individuals who have recognized credentials or skills. Newforma makes this information available publicly to users of its website as a service to the individual. If you are eligible to be included in such a list but do not wish your personal information to be included, please contact Newforma at the location identified under the heading Updating Personal Information and “Opting Out” above, or in the alternative, please contact us at Privacy@Newforma.com.
- Customer Community: Newforma provides a Newforma Customer Community for use by its customers. Participation is voluntary and it is very likely that personal information will be exposed to other members of these discussion forums if you participate. Some users prefer to participate using pseudonyms, but company/business email addresses are required. Unless required by applicable law, Newforma takes no responsibility for maintaining the privacy of any personal information you make available to members of any Newforma supplied discussion forum. You are solely responsible for maintaining the secrecy of your passwords and similar information.
Post Testimonials: We post testimonials on the Newforma website and other digital channels that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name, company name, job title and testimonial. If you wish to update or delete your testimonial, you can contact us at firstname.lastname@example.org .
- Career Services:
We process your personal data when you apply and provide your personal information on our career website. We may perform employment related background checks.
Newforma does not share your information with any third-party business partners, other than service providers (as described below).
Unless otherwise required by applicable law, including the General Data Protection Regulation (GDPR), Newforma stores the personal data of website visitors and customers for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.
We may transfer such information to, and maintain and process such information, directly or indirectly in one or more databases in the United States, Germany or Australia.
We may hire other companies to provide services on our behalf that may involve the storage and use of your personal information, such as for delivering mailings or emails. Any such company or third party is required to maintain the confidentiality of that information and is prohibited from using that information for any purpose other than as authorized by us. If you provide personal information to Newforma, you agree and consent to Newforma’s storage and usage of this information anywhere that Newforma maintains offices (around the world), for the purposes described in this policy.
Unless we inform you otherwise at the point at which we collect your information, we will not provide your personal information directly to a third party not otherwise described herein. If you do not wish to receive information about additional Newforma products or services or those of its partners and other companies, please let us know (contact information below) and we will respect your wishes. Emails we distribute describing offers we think may be of interest to you also contain instructions as to how you can opt-out of future emails or you may contact us directly at Privacy@Newforma.com.
Newforma products are not marketed to children under the age of 13 and Newforma does not knowingly collect personal information from children under the age of 13. Newforma is committed to protecting the privacy of children and if Newforma becomes aware that such information was collected, it will treat that information as sensitive.
Section D. Your Choices and Obligations
Access/Updating Personal Information
Newforma provides many choices about the collection, use and sharing of your data, from deleting or correcting data we hold. Upon request, you can:
- Ask us to erase or delete all or some of your personal data in certain cases. Note that any personal data contained within our software used by a customer will not be erased or deleted without instruction from that customer.
- Change or correct data: You can ask us to change, update or fix your data in certain cases, particularly if it’s inaccurate.
- Object to, or Limit or Restrict, Use of Data: You can ask us to stop using all or some of your personal data in certain cases (e.g., if we have no legal right to keep using it) or to limit our use of it (e.g., if your personal data is inaccurate or unlawfully held).
- Right to Access and/or Take Your Data: You can ask us for a copy of your personal data and can ask for a copy of personal data you provided in machine readable form. Newforma will provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. To request this information, please contact us at Privacy@Newforma.com
Newforma wants to ensure that the information it collects is accurate. You may notify us of any change to your address, phone number, email address or other information by sending us an email message or by notifying us in writing:
1750 Elm Street, 9th floor
Manchester, NH 03104
Attn: Information Security
Under certain circumstances we will not be able to fulfill your request, such as if it interferes with our regulatory obligations, affects legal matters, we cannot verify your identity, or it involves disproportionate cost or effort, but in any event, we will respond to your request within a reasonable timeframe and provide you an explanation.
Opting Out/Unsubscribe from Marketing Preferences
If at any time you wish to “opt out” of receiving information from Newforma or its partners, please notify us by sending us an email or written message to the addresses shown above or by emailing us at Privacy@Newforma.com. We will respond to these requests within a reasonable timeframe. Please note that due to lead times on certain mailings and other contacts, you may continue to receive mailings and other contacts while your “opt out” notification is being processed.
We use commercially reasonable technical and organizational safeguards to protect the security of all information and, where possible, conform to industry best practices. For example, some information gathered on our website is encrypted during transmission with TLS encryption and stored within secure databases protected by multiple firewalls. As effective as current encryption and other security technology is, however, no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that information which users supply will not be intercepted while being transmitted to us over the Internet. If you have any questions about the security of your personal information, please contact us at Privacy@Newforma.com
Retention and Deletion
We may retain your personal information for as long as your account is active, as needed to provide services, comply with our legal obligations, resolve disputes or enforce our agreements.
Cross-Border Data Transfers
Newforma is a global corporation with operations in multiple countries and has developed global data security practices designed to ensure that your personal information is appropriately protected. Please note that personal information may be transferred, accessed and stored in in jurisdictions other than where you live including in the United States, Canada, UK, Germany, France, Singapore or Australia as necessary for the uses and disclosures stated above in accordance with this policy. By providing your personal information you consent to Newforma transferring your personal information to its affiliates globally.
Laws in these countries may differ from the laws applicable to your country of residence. For instance, if you are a European Economic Area (EEA) data subject and your personal information is shared with our affiliates, partners, or third-party service providers acting on our behalf outside of the EEA, then it is done so pursuant to necessary means to ensure an adequate level of protection.
Section E. Third Party Sites and Privacy
Section F. Technical Support and Privacy
Information Collected about Technical Support and the Use of that Information
Generally, Newforma’s technical support group can obtain customer contact information via the serial number and registration data it maintains in its customer database. Newforma may use this contact information to respond to support inquiries and/or to request additional information from the customer. Occasionally Newforma must obtain files and/or model information to assist it in diagnosing a customer’s technical support issues. Any information provided will be treated as confidential and will only be used strictly for the purpose of resolving the open issues in question.
Newforma may also elect to share an unidentifiable subset of file information provided by a customer with a licensor of technology that is included in the Newforma product if Newforma considers that appropriate to assist it in diagnosing or resolving a customer problem. Newforma may also request permission from a customer to retain copies of specific customer files in the data set that it uses to conduct regression tests and other tests of later releases of the Newforma software.
Newforma Remote Desktop Access to Servers
In accordance with Newforma’s terms and conditions, customers may be asked to provide Microsoft Remote Desktop Access to servers running Newforma software. The Remote Desktop Web Connection is a high-encryption, Remote Desktop Protocol (RDP) 5.0 client and uses RSA Security’s RC4 cipher with a key strength of 40-, 56-, or 128-bit, as determined by the computer to which it is connecting. The Remote Desktop Web Connection uses the well-known RDP TCP port (3389) to communicate to the host. Most customers configure their Remote Desktop access so that only connections from Newforma’s IP address are allowed.
Newforma Remote Diagnosis
For those customers with difficult-to-diagnose issues, Newforma uses commercially available online meeting software such as GoToMeeting or WebEx that enables Newforma to view a customer’s computer remotely via the internet in real-time. This functionality is used only when authorized by the customer and while the customer is at the computer. The functionality enhances the customer’s ability to explain and “show” the problem being experienced. Newforma technical support personnel initiate an online meeting with a customer, enabling such personnel to either view or take control of the customer’s system. The customer retains full control of his or her system throughout the session. If at any time during this session the customer wishes to terminate the remote connection, the customer may do so and the Newforma technical support personnel will no longer be able to view or access the customer’s system. Newforma treats all information it receives during a remote support session as confidential and proprietary customer information received for technical support purposes (see Information Collected in Connection with Technical Support and the Use of that Information above).
Usage Feedback and Licensing Reporting
The Newforma products include a usage feedback and license reporting capability which sends reliability and usage information to Newforma via https. This data is used for support, quality, marketing, and product improvement purposes to help give Newforma an idea of the relative use of features within its products and to enable Newforma to track compliance with your current subscription license. The data does not include any information that could be used to re-create proprietary customer information. If you have any questions or concerns, please contact us as indicated above under the heading Updating Personal Information and “Opting Out”.
Section G. Additional Privacy Topics
Changes to this Policy
Telephone: (603) 625-6212, ask for Webmaster.
1750 Elm Street, 9th floor
Manchester, NH 03104
This information is provided with the intent of helping website visitors understand Newforma’s practices with respect to the privacy of visitors personal and business information.
If you file a privacy-related complaint, we process your name, email, and country location. We will also request that you provide the details that gave rise to your complaint. Any additional personal information you choose to provide in the complaint form is optional.
The Newforma Team
(Latest Revision as of December 2018)