INTRODUCTION

Welcome to Planner 5D, a home design platform, that allows users to create detailed home plans & modern interior and exterior designs with an easy-to-use online tool and mobile applications.

The term “Planner 5D”, “we”, “our”, “us” refers to UAB Planner5D, a legal entity incorporated and acting under the laws of Lithuania with its registered address at Antakalnio St. 17, Vilnius, Lithuania, 10312, including its subsidiaries and affiliates.

The term “you”, “your”, “yours” defines a visitor of one of our websites, a user of one or more of our Services as defined below, or a customer of a user.

The term “Personal Data” means information that either in isolation or in combination with other information enables you to be directly or indirectly identified.

We place great importance on the privacy and security of your Personal Data and are committed to ensure appropriate protection of any Personal Data we obtain from you or about you.

This privacy policy (“Privacy Policy”) explains how we collect, use, share and protect your Personal Data obtained by us in course of your interaction with our websites www.planner5d.com , www.planner5d.pro and your use of our services offered either via our websites or mobile applications (collectively, “Services”). It also outlines the rights you have and control you can exercise in relation to it.

Please carefully read this Privacy Policy and make sure you fully understand it and agree to it before interacting with our websites and using our Services.

This Privacy Policy is a legal part of the Terms of Service of Planner 5D. Unless otherwise defined in this Privacy Policy, the terms used in this Privacy Policy have the same meanings as in our Terms of Service.

DATA CONTROLLER/DATA PROCESSOR

Under the General Data Protection Regulation (“GDPR”) framework, the terms "data controller" and "data processor" have specific meanings:

• Data Controller is the entity that determines the purposes and means of processing Personal Data. The data controller decides "why" and "how" personal data should be processed.
• Data Processor is the entity that processes Personal Data on behalf of the data controller. The data processor follows the instructions of the data controller regarding the processing of the data.

In cases when Planner 5D provides Services to our end users and determines the purposes and means of processing Personal Data, Planner 5D acts as a “data controller”. In this role we manage the processing of Personal Data, while our third-party service providers act as the “data processors”, processing the Personal Data on behalf of Planner 5D. We may engage various third-party service providers in order to process your data more effectively.

In cases when Planner 5D Services are used for business and/or educational purposes – such as by professional designers, legal entities, schools and other institutions, that provide services to their own customers, and these entities determine the purposes and means of data processing, Planner 5D acts as “data processor”, processing the data according to the instructions provided by these entities. In such cases, the data processing is governed by the Data Processing Addendum, unless a different data processing agreement has been signed between the data controller and Planner 5D.

CATEGORIES OF PERSONAL DATA WE COLLECT

Depending on how you interact with us (i.e., by contacting us, by visiting our websites or by using our Services, etc.) we may collect the following categories of your Personal Data:

I. PERSONAL DATA WE RECEIVE FROM YOU:

II. PERSONAL DATA COLLECTED OR GENERATED THROUGH YOUR USE OF OUR WEBSITES AND SERVICES:

III. PERSONAL DATA RECEIVED FROM OTHER SOURCES:

We may obtain additional information about you from third-party service providers, such as marketers, partners, analytics services, researchers and others.

No Sensitive Data

We do not collect and do not intend to collect special categories of Personal Data (also known as “sensitive data”), such as any information about health, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, criminal background, data concerning a person’s sex life or sexual orientation.

Aggregated and Anonymized Information:

We may aggregate and anonymize Personal Data, transforming it so that it no longer relates back to a person's identity and is no longer considered Personal Data. This process allows us to generate other data, which we may use to improve our Services, to conduct research or for other business purposes.

HOW WE PROCESS YOUR PERSONAL DATA

We may process the Personal Data we collect for the following purposes:

• to provide and maintain our Services, to operate and administer our websites and business;
• to monitor and improve our Services and websites, to develop new features of the Services; we may use anonymized aggregated user data to train our algorithms, AI models and AI products and services using AI to develop, improve and provide our Services;
• to conduct research, user feedback surveys, testing, optimization, developing and improving the Services and user experience;
• to prevent fraud, criminal activity and misuses of our Services and websites and to protect the security of our systems and Services;
• to personalize user experience with our Services;
• to verify and process any transactions in relation to payments our users make in connection with the Services;
• to communicate with you, including to send you confirmations, notifications, updates, security alerts, administrative messages and otherwise facilitate the use of our websites and Services;
• to provide you with assistance and customer support;
• to detect, prevent and address technical issues;
• to send you marketing communications and/or newsletters, if you consented to receive them or if we have another valid ground for such data processing;
• to comply with legal obligations and to protect the rights, privacy, safety, or property of our users, us or any third party.

Planner 5D for Education: Please note that references to AI training do not apply to students using Planner 5D educational license. Planner 5D does not process student’s data for AI training or for advertising purposes. Planner 5D does not sell student’s data.

We will process your Personal Data based on the following legal grounds, depending on the processing activity:

• Consent: you have given us your consent (for example, when you share your details for particular purpose);
• Contractual necessity: we need it to perform our obligations and/or to exercise our right arising from a contract entered with you;
• Legal obligations: processing of your Personal Data is necessary to comply with legal or regulatory obligations;
• Legitimate interests: processing of your Personal Data is necessary for our legitimate business interests and those of third parties, provided that this does not override any interests or rights that you have as an individual (for example, providing high standards services, responding to your requirements etc.).

We limit the processing of your Personal Data to the scope of purpose for which the Personal Data was collected. In cases where the processing of Personal Data is based on your consent, you have the right to withdraw your consent to such processing at any time, however, it may limit the Services (or a part thereof) offered to you.

DATA SECURITY

We are committed to protecting the integrity and security of all information collected through our websites and Services. Planner 5D attempts to protect your information against the loss, misuse or alteration. We implement appropriate and reasonable organizational and technical measures to safeguard the collection, transmission, and storage of your Personal Data. These measures vary based on the type of information that we process, the current state of technology, and the resources available to us.

While we implement reasonable measures to protect your Personal Data, we cannot guarantee the absolute security of the information you share with us. Therefore, we encourage you to exercise caution and take proactive steps to protect your information. For example, where you have chosen a password to access your personal account on Planner 5D, you are responsible for ensuring that the password is both confidential and sufficiently strong. We recommend using a unique password with a combination of letters, numbers, and symbols to enhance security.

DATA RETENTION

We store your Personal Data for different time periods depending on the category of Personal Data, on the purposes for which it was collected and pursuant to the applicable laws. We determine how long we need Personal Data on a case-by-case basis, but we are striving to keep your Personal Data for as short period as possible to achieve the purpose for which Personal Data was collected.

The duration of Personal Data retention period depends on several factors, including:

• Amount, nature and sensitivity of Personal Data;
• Purpose of Processing: we will retain your Personal Data for as long as you have an account with us or keep using the Services;
• Legal Requirements and Legitimate Interest: we will retain your Personal Data to meet legal, regulatory, tax, accounting, reporting obligations (such as maintaining record of transactions) or if it is advisable based on our legal position (such as in relation to statutes of limitations, litigation, or regulatory investigation);
• Potential risk of harm from unauthorized use.

After the elapse of the retention period as described in this section of the Privacy Policy, we will delete respective Personal Data, unless we are obliged to retain the Personal Data (or a certain part of it) for a longer period in order to comply with obligations deriving from applicable legal acts and / or this data is necessary to resolve legal disputes.

DATA SHARING WITH THIRD PARTIES

How we may share your Personal Data:

Vendors, Services Providers and Partners: we may share your information with selected third-party service providers who are working with us in connection with the operation of our websites or our Services.

Third-party products and services: We may permit advertisers and their agents to use cookies or related technologies within the websites and Services to store information on or read information from your browser or device, so that they can optimize their advertising campaigns. For more information about use of cookies or related technologies, as well as your rights, please read our Cookies Policy .

Corporate Affiliates and Subsidiaries: we may disclose your Personal Data to our affiliates and subsidiaries, meaning each an entity that controls, is controlled by, or is under common control with Planner 5D. Our affiliates and subsidiaries may use the Personal Data we share only in a manner consistent with this Privacy Policy.

Business Transfers: if Planner 5D engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of assets, or other strategic transaction or proceeding, or takes steps in anticipation of such activities, some or all Personal Data may be shared or transferred, subject to standard confidentiality arrangements and consistent with this Privacy Policy.

To comply with laws: If we are required to disclose Personal Data in response to a legal proceeding or a lawful request, we may disclose Personal Data if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation, or legal process.

To facilitate our legitimate interests: We may disclose Personal Data to protect and defend the rights, property, or safety of Planner 5D, its users, or third parties. This includes enforcing our contracts or policies, investigating and preventing illegal activities, fraud, or security threats, and taking action to prevent harm.

With your consent: we may share your Personal Data for other purposes if you direct us to do so, or if you consent to such sharing.

How you may share your Personal Data and User Contributions:

You may share your Personal Data and User Contributions with other users and third parties both within and outside the Services. Any information that you voluntarily share becomes publicly accessible, meaning it can be read, collected and used by others. For example, this may occur when you set your profile to public, make your User Contributions visible to others, participate in design contests organized by Planner 5D, share a link to a created floorplan on social network or with a third party, post comments containing your information on our websites or Services, such information (and your Personal Data contained therein) becomes publicly available.

INTERNATIONAL DATA TRANSFERS

We may transfer your Personal Data to the recipients located outside of the European Economic Area, Switzerland or the United Kingdom If we share your Personal Data with third parties located outside the European Economic Area, Switzerland or the United Kingdom, we take steps to ensure that appropriate safeguards are in place to guarantee the continued protection of your Personal Data, such as relying on the European Commission’s adequacy decisions for certain countries, or by entering into the Standard Contractual Clauses adopted by the European Commission (article 46(2)(c) GDPR), which are available here .

DATA SUBJECT RIGHTS

You have the following rights in relation to Planner 5D’s processing of your Personal Data, which you can exercise at any time:

Right to access your information: you have the right to inquire if we are processing your Personal Data. If we are, you may request access to this data along with the information on how it is used and stored. Additionally, you are entitled to obtain a copy of your Personal Data we hold about you.

Right to correct your information: you have the right to request us to correct or complete any Personal Data we hold about you that you believe to be inaccurate.

Right to erase your information (right to be forgotten): you have the right to ask us to delete your Personal Data in certain circumstances (for example, if personal data is no longer necessary in relation to the purposes for which it was collected or if you withdraw your consent on which the processing is based). However, please be aware that there are certain exceptions where we may deny your request for erasure, for example, when the processing is required to comply with legal obligations, or to establish, exercise, or defend legal claims.

Right to restrict processing of your information: you have the right to request us to suspend processing of your Personal Data in certain circumstances (for example, if you think that your personal information is not accurate or incomplete). There are, however, some exclusions when we can refuse your request to restrict processing, such as the case when processing of your Personal Data is necessary to comply with legal requirements or obligations, or for the establishment, exercise or defense of legal claims.

Right to data portability: you have the right to request us to provide your Personal Data to you to or to another controller of your choice in a structured, commonly used and machine-readable format, under certain conditions.

Right to object: you have the right to object in cases when we process your Personal Data based on our legitimate interests or public interest; once you object, we will no longer process your Personal Data, unless we demonstrate compelling legitimate grounds for such processing, which override your interests, rights and freedoms, or for establishment, exercise or defense of legal claims.

Rights relating to automated decision-making and profiling: you have the right to object any decisions made based solely on automated processing of your Personal Data where such decisions have legal effect concerning you or similarly significantly affect you; you can always ask for such automated decisions to be reconsidered.

Right to withdraw your consent: in cases when we process your Personal Data based on your consent, you have the right to withdraw it; withdrawal will not affect the lawfulness of processing before the withdrawal.

You can exercise some of these rights through your Planner 5D account. If you are unable to exercise your rights through your account, please submit your request through privacy@planner5d.com . When you exercise the rights above, we may request you to provide additional information necessary to confirm your identity.

We hope that we are able to address any questions or concerns you may have. If you have any unresolved data privacy complaints with us, you have a right to lodge a complaint with a data protection supervisory authority in particular Member State of European Union where you reside, where we are based, or where the alleged infringement of data protection legislation took place.

CHILDREN

Planner 5D understands the importance of protecting children’s privacy, especially in an online environment. Other than as a part of Educational License, we do not knowingly collect personal information from children under 16 years old. If you are under 16 years old or the age of consent in your jurisdiction (“Minor”), you may use our Services and websites only subject to the consent of your parent or guardian, who takes responsibility for your use of our Services and websites.

Planner 5D for Education:

Minors who are students may use Planner 5D Services for educational purposes under supervision of their teacher. If you are a Minor accessing Planner 5D Services and websites through an education institution, that institution will have procured a proper educational license on your behalf and agreed to our Terms of Service. This includes confirming that such educational institution obtained all necessary consents (such as parental or guardian consent) and will take responsibility for your use of Planner 5D Services and websites.

Planner 5D may share student data with third-party service providers who have security, privacy, and data retention policies consistent with our policies and solely to the extent necessary for them to perform a business or technology support function for us. This may include data processing, account management or providing us with usage analytics. As noted above, Planner 5D neither sells student data, nor processes student’s data for AI training or for advertising purposes. The third-party service providers will process student’s data for the sole purpose of delivering Services. If a school deletes their Planner 5D educational account or requests the deletion of Personal Data associated with a student’s account, Planner 5D will instruct these third-party service providers to delete any such information they hold.

Upon termination of a school’s Planner 5D for education account, we will delete all student accounts associated with that school.

Educational institutions will have direct control of student data at all times. If a school wishes to inspect, review, amend or delete data we have collected from a student, they may submit an authorized request to privacy@planner5d.com . Such a request must come from the email address under which the school’s educational account was created. To protect children’s privacy and security, we will take reasonable steps to help verify the school’s identity before granting access to any Personal Data.

Planner 5D may communicate directly with students for technical support purposes when requested by the student or their teacher. Planner 5D may also send emails in relation to product changes, privacy changes and other service-related emails to students and teachers.

All uploaded User Contributions or floorplans designs created by students within the Services under educational license remain private by default, unless voluntarily disclosed to or shared with a third party (including by means of sharing the link).

If you have reasons to believe that a Minor unlawfully provided Personal Data to Planner 5D through the Services or websites, please contact us at privacy@planner5d.com . We will investigate any notification and if appropriate, delete the Personal Data from our systems.

EXTERNAL LINKS

Our websites, Services and email communications may contain links to the websites or services of others (“Linked Websites”). Please be aware that we are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any Linked Websites or of any companies that we do not own or control. We encourage you to seek and review the privacy notice of each Linked Website to understand how the personal data about you is processed and protected.

CHANGES TO THIS PRIVACY POLICY

To ensure that our Services meet your needs and comply with legal standards, we may introduce changes to this Privacy Policy from time to time. If we make any changes, we will notify you by revising the “Last Updated” date at the top of this Privacy Policy and, in some cases, we may provide you with additional notice (such as adding a statement to our Services or sending you an email notification). We encourage you to periodically review this Privacy Policy to stay informed about how Planner 5D processes and protects your personal information.

HOW TO CONTACT US

If you have any questions, concerns or suggestions about your privacy rights or in relation to your Personal Data processing under or in connection with this Privacy Policy, please contact us via e-mail at  privacy@planner5d.com  or by post at Antakalnio St. 17, Vilnius, Lithuania, LT-10312.