Privacy Policy

TERMS AND CONDITIONS OF PARTICIPATION

 

 

 

A: Definitions:

 

Competition: the Student Awards  Competition described in detail in point 1 below.

 

Participant: a person who made a valid application to the Competition and accepted these Terms and Conditions. The Participant must meet the following criteria:

 

    • enrolled at an accredited Architectural School and currently pursuing a Bachelor or Master of Architecture;
    • has a valid GRAPHISOF ID in his/her own name;
    • is between 18-25 years of age; and
    • submitted the Project defined in point B:1 below..

 

Winner: a person who has been selected from among the Participants by GRAPHISOFT based on the decision of the selection panel to win one of the prizes determined by GRAPHISOFT and who accepted these Terms and Conditions.

 

Selection Date: […..]

 

 

B: TERMS AND CONDITIONS

 

  1. Competition Description

 

The Competition is organized and managed by GRAPHISOFT SE.

 

GRAPHISOFT decides on the Winners from among the Participants based on the decision of the selection panel.

 

All the information about the Competition the Participant applies to can be found at GRAPHISOFT’s website. For more information please visit the following https://studentawards.graphisoft.com and see the latest details about the current Competition updated by the GRAPHISOFT.

 

  1. General:

 

  1. You acknowledge and agree that you have applied to the Competition organized by GRAPHISOFT. These Terms and Conditions regulate Your application to and participation at the Competition. By submitting Your application to the Competition You expressly agree to be bound by these Terms and Conditions. This is an irrevocable condition of applying too and participation at the Competition.
  2. You must be at least 18 years of age.
  3. You accept that GRAPHISOFT shall – without any legal consequences – unilaterally decide on the acceptance or rejection of Your application until the Selection Date.
  4. During the Competition the Participant cannot behave in a way that would harm or endanger GRAPHISOFT’s reputation, legitimate economic or organizational interests.
  5. Neither GRAPHISOFT nor its officers, directors, employees, agents, successors, or assigns shall be liable for any warranty, costs, damage, injury, or any other claims incurred as a result of the usage of information obtained by the Participant during or related to the Competition.
  6. Participants should fulfil all requirements for immigration and health insurance in Hungary in relation to the Competition. Failure to do so may result in the termination of participation. Acceptance of these Terms and Conditions  Participation indicates adherence to the relevant legal regulations in the Place of the Competition.

 

  1. Rights to Intellectual Property

 

  1. All works, materials, ideas created by Participant and submitted to GRAPHISOFT in course of the application procedure or in relation to the Competition  (in particular the project) are and will remain the intellectual property of the Participant (“Participant IP”). The Participant hereby declares that he/she is the creator and single Intellectual Property right owner regarding all the Participant IP submitted.  Participant acknowledges that GRAPHISOFT  shall – according to the prevailing rules of statutory law – indicate the name and country data related to the Participant whenever the Participant IP will be used by GRAPHISOFT  or its authorized network. By registering to the Competition the Participant  grants to GRAPHISOFT and its partner network enlisted at https://www.graphisoft.com/info/where_to_buy/ an exclusive, royalty free, sublicensable license right unlimited in time, territory and usage mode without any restrictions to the use, adaptation, modification of the Participant IP by GRAPHISOFT and its authorized partner network  without any time, territorial or usage limitation. The license right granted herein includes the inclusion of the Participant IP into GRAPHISOFT’s  products, services and into marketing materials furthermore the publishing of the Participant IP in press releases and in social media platforms of GRAPHISOFT and its authorized partner network.
  2. By applying to and registering to the Competition the Participant expressly accepts that GRAPHISOFT and its licensors shall retain all right, title and interest in the GRAPHISOFT product(s), services, knowledge either disclosed to the Participant during or in relation to the Competition or otherwise throughout the world, including without limitation, patent, copyright, trademark and trade secret rights related thereto (“GRAPHISOFT IP”). Except as expressly set forth by GRAPHISOFT, neither this document, nor any license shall be construed as granting to Participant any license or other right in or to any patent, copyright, trademark, trade secret or other proprietary right of GRAPHISOFT or its licensors. Participant shall take all reasonable measures to protect GRAPHISOFT’s proprietary rights in the GRAPHISOFT IP and shall not copy, use or distribute the GRAPHISOFT IP or any part of it, or any derivative thereof, in any manner or for any purpose, except as expressly authorized in this document. Participant shall not disassemble, decompile, or reverse-engineer the GRAPHISOFT IP, including any source codes, or otherwise attempt to discover any GRAPHISOFT trade secret or other proprietary information.

 

  1. 3. Confidentiality

 

  1. The Participant shall treat and keep confidential any business secrets learnt at or in connection with the Competition or beyond that any information or data related to GRAPHISOFT or GRAPHISOFT’s affiliated companies or the activities of these (“Confidential Information”).
  2. GRAPHISOFT’s Confidential Information includes without limitation all information related to, GRAPHISOFT’s know-how and all information relating to GRAPHISOFT’s business, products, services, finances, plans, opportunities, designs, research, development, know-how, personnel, distributors, suppliers, and customers, confidential information disclosed to GRAPHISOFT or its affiliates by third parties, in all cases whether acquired or developed by subcontractors or disclosed by GRAPHISOFT employees.
  3. The Participant must not use or disclose the Confidential Information neither directly nor indirectly, neither solely nor through any other person, company, association, firm, enterprise or any other legal person in any way, furthermore shall not enable any form of usage or disclosing of these information and is obliged to do everything he/she is capable of to prohibiting the leakage of the Confidential Information, and in case he/she perceives the possibility of violation of this confidentiality or the danger of leakage of the Confidential Information, he/she is obliged to forthwith inform GRAPHISOFT.
  4. The Participant is obliged to treat the Confidential Information determined above confidential after the termination of the Competition, thus the obligations stated in this Article may bound the Participant without time limit.

 

  1. Liability

 

a.    GRAPHISOFT and/or its authorized partner network  does not assume any liability and responsibility for and in relation to the prizes provided by GRAPHISOFT related to the Competition. GRAPHISOFT  does not guarantee to the Participant that he/she will reach the goals set as the goals of the Competition. Nor GRAPHISOFT is responsible for the use of the knowledge gained at the Competition or the applicability of this knowledge. b.    To the extent permitted by the applicable rules of law GRAPHISOFT excludes any and all liabilities related to damages suffered by Participant caused by breach of GRAPHISOFT’s obligations. Notwithstanding the foregoing, GRAPHISOFT cannot limit or exclude its liability for premeditated non-performance of an obligation resulting in loss of life, or harm to physical integrity or health. c.     Force Majeure. Neither the Participant nor GRAPHISOFT shall be liable for any failure or delay in performance of its obligations under these Terms and Conditions arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation; provided, however, that in the Competition of a failure or delay GRAPHISOFT shall use its best efforts to ameliorate the effects of any such failure or delay. In case of force majeure GRAPHISOFT reserves the right to unilaterally decide on the cancellation or modification or on the postponing of the Competition without any obligations to the compensation for damages or expenses.

 

C: Data Protection

 

Please read this section carefully. By participating at the Competition, You as the Participant to and/or Participant of the Competition approve the processing of your personal data described herein and in the relevant Competition Data Processing Policy available at https://www.graphisoft.com/info/legal/privacy_policy/ constituting inseparable part of these Terms and Conditions.

 

The data processing described herein takes place  in compliance with the applicable rules of law, in particular with the European General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) (“GDPR”).

 

  1. Legal base of the data processing: for c)1-c)5 the performance of contract by the Participant and the Participant according to point b) of Article 6(1) of GDPR, while for c)6 the consent of the  Participant according to point a) of Article 6(1) of GDPR

 

 

  1. The personal data processed by GRAPHISOFT and by EPIC GAMES:

 

  • hereinafter referred to together as “the Data” –

 

GRAPHISOFT hereby informs the Participants/Participants that the Data collected by GRAPHISOFT during the application of the Participants to the Competition and during the participation of the Participant at the Competition qualify as personal data.

 

Regarding the Data GRAPHISOFT and its Partners located in the country of Participant / Participant (https://www.graphisoft.com/info/where_to_buy/) – which consist of GRAPHISOFT’s subsidiaries, distributors and resellers) are the data controllers.

 

 

 

GRAPHISOFT may involve third persons as members of the selection panel for whom the data shall be transferred exclusively for the purposes of selecting the Winner from among the Participants.

 

  1. Purpose of data processing

 

  1. Participating at the Competition and verifying eligibility,
  2. Informing and handing over the prizes to the Winners;
  3. Publication of Participant IP on the webpage: graphisoft.com/<
  4. Transferring Participants’ personal data to the local GRAPHISOFT Partners for further data processing;
  5. Using the Participant IP for marketing purposes in social media and in other channels by GRAPHISOFT SE and by the GRAPHISOFT Partner(s) located in the same country as the Participant;
  6. For direct marketing purposes based on the consent of the Participant.

 

  1. Recipients of personal data

 

The full name and nationality of the Participant is available for public, while all  personal data are available for GRAPHIOSFT and its Partners, and to the external members of the selection panel.

 

  1. Period of data processing

 

The Data will be used and retained for 3 years after the termination of the contract to meet processing purposes c)3-c5), while the Data collected for c)6 is retained till withdrawal of the consent.

 

  1. Data processors

 

GRAPHISOFT involves the following data processors:

 

  1. Members of the selection panel: for the purposes of selecting the Winner from among the Participants.

 

  1. Data transfer for further data processing

 

The Data is transferred by GRAPHISOFT SE for further data processing to its relevant Partners who are located in the same country as the Participant for the purposes of publishing the Project and the Participant’s name in their marketing materials, in press releases and in social media platforms in their sole discretion.

 

In the event of any data transfers to third countries, GRAPHISOFT always uses suitable safeguards (such as the standard contractual clauses adopted by the European Commission and similar instruments) to ensure the adequate protection of personal data. GRAPHISOFT reserves the right to disclose Your personal data to the competent legal authority if required to do so to enforce or defend its rights or legitimate interests before civil and criminal courts, regulatory bodies, or to execute an order of the competent judicial or regulatory authority.

 

  1. Data Security:

GRAPHISOFT undertake to treat personal data in a manner that ensures their adequate level of security and confidentiality, inter alia in order to prevent unauthorized access to personal data or unauthorized use of devices used for the processing of personal data and unauthorized use of these.

 

Participants as Data Subjects have the right to access the personal data processed by GRAPHISOFT, to obtain the updating or rectification of such data. Data Subjects also have the right to obtain the erasure of any personal data if, for instance, such data have either been processed unlawfully or are no longer necessary for the purposes for which they were collected or otherwise processed. In certain cases, such as when the processing is unlawful and Data Subjects oppose the erasure of their data, Data Subjects have the right to obtain from GRAPHISOFT the restriction of processing. Data Subjects also have the right to receive the personal data concerning them which Data Subjects provided to GRAPHISOFT, in a structured, commonly used and machine-readable format and have the right to transmit those data to another controller. If Data Subjects consider that the processing of personal data by GRAPHISOFT infringed the GDPR, please contact us first at privacy@graphisoft.com; GRAPHISOFT SE Business Compliance Manager; Záhony utca 7. Budapest, H-1031 Hungary so we can remedy the issue. Of course, in such cases Data Subjects also have the right to lodge a complaint with the Hungarian Data Protection and Freedom of Information Authority (http://naih.hu/general-information.html) or another data protection supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement.

 

D: Miscellaneous Provisions

 

  1. GRAPHISOFT reserves the right to unilaterally modify the present document or any part thereof. Participants will be informed of any such modifications via e-mail sent to their registered e-mail addresses.

 

  1. Any questions not governed by this document shall be resolved pursuant to the applicable Hungarian legislation, and in particular pursuant to the Hungarian Civil Code. The parties agree that all disputes arising from, or in connection with, the present document shall be decided by, and all claims concerning this document will belong to, the exclusive jurisdiction of the ordinary courts of Hungary.

 

  1. This document may be translated into other languages. In case of any discrepancies between the original English language version and any other language translations the English language version prevails.

 

GRAPHISOFT SE

 

 

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