Privacy Policy

Purpose 

Aconex is a global company with offices in Europe, the Americas, Asia, Africa, the Middle East and Australia/New Zealand. Aconex's head office is in Melbourne, Australia.

Aconex recognises the importance of privacy. Aconex is committed to protecting the privacy of registered users (“users”) of its online collaboration application ("the Platform"), clients, shareholders and suppliers. This Privacy Policy describes how we may use and disclose personally identifiable information that we may collect in the course of Aconex's business ("Personal Information").

Personal Information collected by Aconex will be stored through electronic systems located in various jurisdictions.  Please note the jurisdictions to which Personal Information may be transferred may not provide the equivalent level of data protection to the laws in your home country. This does not however change Aconex's commitment to keeping Personal Information secure.

If you have any questions about this Privacy Policy, please contact us by email at privacy@aconex.com or write to:
Privacy Officer
Aconex Limited
96 Flinders Street,
Melbourne  VIC  3000
Australia

US-EU Safe Harbor

Aconex adheres to the principles of the US-EU Safe Harbor framework in regard to any transfer of users’ Personal Information from the European Union to the United States.

Aconex conducts a periodic self-assessment in order to verify compliance with the US-EU Safe Harbor principles, and annually self-certifies its adherence to the principles with the US Department of Commerce.

Data collection

Aconex collects Personal Information as permitted by applicable law through:

• the Aconex  public website ("the Aconex website"),
• the Platform; and
• otherwise in the course of its business.

Wherever possible, we collect information directly from the individual to whom the information relates. Personal Information may however be collected in the course of Aconex's business (such as from third parties).

The categories of information we may collect include contact details (such as name, phone number, address, email addresses), job title, company, and company address as well as any information contributed to the Aconex Help Center forums which may include professional interest or activities.

Aconex website

You need to give Aconex your Personal Information if you want to apply for a job, make an enquiry, arrange a demonstration of our services or to request training.

The Aconex website can be accessed anonymously. Many companies offer programs that help you to visit web sites anonymously. While Aconex will not be able to provide you with a personalized experience if we cannot recognize you, we want you to be aware that these programs are available.

The Platform

To register as a user on the Platform, you are asked to provide Aconex with Personal Information, which includes your name, company name, position in the company, email address, phone number and company address or personal address. This information about you may also be entered on the Platform by your company’s Administrator, in order for you to use the Platform.

If you want to contribute to the Aconex Help Center forums, you are required to register using an email address and username.

Cookies

The Aconex website and the Platform use Aconex’s ie first party and third party cookies to track online activities in accordance with applicable law.

A cookie is a small file which is placed on the user's hard drive during a visit to the Aconex website or the Platform. This file allows the user to move quickly and easily around the Aconex website and to enter the Platform. It is used to identify a user and tracks a user's session, providing information that the system uses to efficiently manage your use of the website and the Platform.

Your web browser may be set to accept cookies automatically but can be changed to decline them. Please note that if you decline to accept cookies, this may mean you may not be able to take full advantage of the Aconex website or the Platform.

Aconex also works with third party advertising and personalization partners that use cookies to help us display personalized content and web advertisements across the Internet based on someone’s past visits to the Aconex website. Cookies placed by our third party partners also assist us with measuring the performance of our advertising campaigns. You can decide whether or not to accept cookies through your internet browser’s settings.

Using information collected

Personal Information we collect is used only for the purposes set out in this Privacy Policy. It is not used or disclosed for any other purpose without consent or as authorised by law.

Aconex uses your Personal Information for a variety of purposes including the following, to:

• Process any application for employment you have made to Aconex
• Provide the information, products or services you requested, and provide information concerning those products or services
• Provide you with information in connection with other products or services of Aconex or its related companies
• Identify your product and service preferences
• Customize Aconex's communications to you
• Share positive product testimonials with others
• Allow you access to a client project on the Platform
• Obtain information and/or place orders for products or services from suppliers
• Transfer any of the assets and/or operations of Aconex to another party
• Any other purpose communicated to you at the time of collecting the Personal Information and if required by law for which consent has been obtained

If you do not provide requested information, Aconex may not be able to provide you with the service or information or process your request.

In relation to a client or a user's use of the Platform, Aconex operates and maintains the Platform in accordance with applicable laws. However, the client or user is responsible for the collection, use and disclosure of any information submitted by clients or users to the Platform.  Aconex does not review or monitor any collection, use or disclosure by clients or users of information submitted to, shared or stored in the Platform. To the extent permitted by law, and otherwise subject to the terms of any agreement in place between Aconex and the relevant client, Aconex bears no responsibility to any client, user or third party in relation to the collection, use and disclosure of any information stored on the Platform.

Upon the completion of a client project, Aconex may provide archival copies of information in connection with a project to that client, which may contain information relating to you which has been submitted to the Platform (either by you or by Aconex's client).  Aconex bears no responsibility for any use by that client of the archival copy following Aconex providing it.

Marketing

We may from time to time use your Personal Information to send you information about our products and services and those of related companies which may be of interest to you.

We may contact you from time to time on an ongoing basis by email or other address or contact point which we have collected or obtained in order to provide such information.

If you receive promotional information from Aconex and do not wish to receive this information any longer, you may remove your name from our list by contacting Aconex at privacy@aconex.com asking to be removed from our mailing list or follow the instructions in any marketing communication you receive.

Security of your information

Aconex maintains physical, electronic and administrative safeguards to protect Personal Information from loss, misuse and unauthorised access, disclosure, alteration and destruction. No transmission over the Internet can be 100% secure and although Aconex will take all reasonable steps to protect information in storage, Aconex cannot be responsible for the security of any information transmitted over the Internet.

Data sharing

Aconex group companies

Any Personal Information supplied to Aconex or any of its subsidiaries may (as permitted by and in accordance with applicable law) be shared within the internal company group to facilitate our business activities and provision of services.

Third parties

Personal Information is only shared with third parties:

• at your direction or with your consent;
• to perform business functions and services on our behalf including in connection with the use or operation of the Platform (such functions may include hosting servers, providing legal, accounting or marketing services or other support services); or
• as required or permitted by law.

Where Aconex does make information or data available to certain third parties to perform business functions and services on behalf of Aconex, all such parties will be under an obligation to maintain the security and confidentiality of the Personal Information and to process the data in accordance with Aconex's instructions.

Platform

Please note that in using the Platform, users may be communicating with individuals and organisations outside of their home country. In that case, their use of personal information may not be covered by the law applicable in their home country or applicable privacy protection scheme.

Passwords

For the purposes of accessing some areas of the Aconex website and to use the Platform, you may be supplied with a user name and password.  You are responsible for the security and confidentiality of your password and log-in information.

Changing your information 

You can request access to the Personal Information we hold about you by making a request to Aconex at privacy@aconex.com. We will provide you with access unless we are legally authorised not to do so.

If at any time you wish to change Personal Information that is inaccurate or out of date, please contact us by emailing to Aconex at privacy@aconex.com. If you wish to have your Personal Information deleted, please let us know in the same manner.

We will take all reasonable steps to change or delete information in response to such a request. If there is a reason that we cannot make that change or deletion, we will inform you of that reason.

Links to other sites

Aconex may provide links to other websites. These sites operate independently of Aconex and have established their own privacy and security policies.  Aconex encourages you to review these policies at any site you visit. Aconex is not responsible for the conduct of those businesses.

For how long does Aconex keep personal information?

The time period for which Aconex keeps information varies according to what the information is used for. In some cases there are legal requirements to keep information for a minimum period. Unless there is a specific legal requirement for Aconex to keep the information, Aconex will keep personal information for so long as it is necessary for the purpose for which it was collected or for such other purposes for which consent has been obtained or Aconex is otherwise permitted or authorised by law to use the Personal Information.

Dispute resolution

Any questions or concerns regarding the use or disclosure of Personal Information should be directed to Aconex’s Privacy Officer (privacy@aconex.com). Aconex will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information by reference to the principles contained in this Policy.

Pursuant to Safe Harbor principles, for disputes involving users’ Personal Information received by Aconex from the EU that cannot be resolved between Aconex and the complainant, Aconex has agreed to cooperate with the EU Data Protection Authorities.

Policy changes

If Aconex's information practices change, Aconex will post these changes on the website – www.aconex.com. Aconex encourages you to review the Aconex Privacy Policy periodically.

If we change material terms of this Privacy Policy, we will provide notice of the revised policy for 30 days on the Aconex website. We will also take other steps as necessary depending on the nature of the changes, including obtaining your consent where required by local data protection laws or providing you with the opportunity to delete your Personal Information.

This Privacy Policy has been updated and is effective as of 20 May 2013

Acceptable Use Policy

Introduction

This Acceptable Use Policy (“Policy”) outlines appropriate use of Aconex’s cloud-based, collaborative project management and document management software platform and associated services (together referred to as “the Services”). This Policy will be applicable to all users as long as they continue to receive Services.  Aconex encourages users to make a copy of this Policy to refer to in the event of any doubt regarding use of the Services.

Application

This Policy applies to all Aconex users who receive Services from Aconex, regardless of whether a user is a Paying Organization or a Non-Paying Organization (as defined in the Aconex Terms of Service Agreement (“the Agreement”)). A user’s failure to comply with this Policy may lead to suspension or termination of the Services.

Acceptable Use of Services

All Aconex users must use the Services in accordance with the Agreement and in accordance with all applicable laws. A user must not attempt to breach or circumvent the Platform (as defined in the Agreement) security. In addition, a user must not use the Services in any fashion that would, or assist others to:

(a)    mislead or deceive including pretending to be an entity or individual that a user is not;

(b)    post or transmit information that infringes or violates the rights of a third party, including the rights of privacy and publicity;

(c)    interfere or disrupt the Services or cause or knowingly facilitate the spread of a virus, worm, Trojan horse, or another harmful object;

(d)    post or transmit unsolicited messages, junk mail, spam or chain letters or material that might be considered offensive;

(e)    use the Platform to stalk, threaten or harass another person or party;

(f)    upload, download, post, transmit, store or otherwise make available any Data that is unlawful, harassing, threatening, harmful, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful or racially or ethnically offensive;

(g)    collect or store personal data without permission;

(h)    promote in any way illegal or unwelcome or unsociable activities;

(i)    access the Platform or Services or disclose any information about the Services (including the Platform) to any country that is subject to United States export control restrictions;

(j)    attempt to breach or circumvent Platform security;

(k)    use the Platform or Services or knowledge of the Platform or Services to assist Aconex competitors; or

(l)    undertake promotions or undertake commercial activity not connected with the business purposes the Services are intended to support.

A user is solely responsible for any Data it uploads or communications it uses the Aconex Platform for.  Aconex does not control the use of the Services by any user and users agree that use of the Services is solely at their own risk.

In order to provide the Services effectively and in accordance with applicable law and the Agreement, Aconex may monitor and record a user’s use of the Services and the user authorizes Aconex to collect, store and use all such information provided Aconex complies with the privacy provisions at Section 10 of the Agreement.

Changes to the Acceptable Use Policy

Aconex may modify this Policy at its sole discretion and such modifications shall be effective upon their publication on the Aconex Platform or website.