Privacy Policy
Effective Date: August 8, 2024
Daniel Clarke Architect (“DCA,” “we,” or “us”) respects your privacy. This Privacy Policy (“Policy”) describes how we collect, use, and disclose information about individuals and employees of businesses that visit our website or otherwise engage with us in the course of conducting business (“Users”). This Policy does not apply to information that you submit directly to third parties, including the organizations and individuals with which you connect on the Services. This Privacy Policy should be read in accordance with the Terms of Use.
1. General
In this Policy, we describe:
● the information that we collect and process about you (that you provide directly to us or is provided to us by third parties);
● the purposes for which we collect and process information about you; and
● the basis on which we collect and process information about you, when you use our Services located at https://dclarkearchitect.com/ (our “Website”) and the services available through this Website, in-person, or virtually provided to our Users (collectively, our “Services”).
Please read this Policy carefully in order to understand what DCA and any affiliates and/or subsidiaries do with your personal data. Your use of our Website and Services and any dispute over privacy is subject to this Policy and any of our applicable Terms of Use for use of our Services, including their applicable limitations on damages and the resolution of disputes.
2. What We Collect and How
2.1. Data That We Collect
We collect Personal Information and Other Information about Users in connection with the Services. For the purposes of this Policy, “Personal Information,” “personal data,” or “personal information” is any information provided to us or generated within our Services or Website that personally identifies or could be used to identify an individual, such as name or email address, gender, identification number or other information which could be reasonably linked to such identifying information.
“Other Information” is any information we collect that is not Personal Information.
We may combine Personal Information with Other Information; in which case we will treat the combined information as Personal Information. We also may combine information that we have about you with additional information that we, or other third parties, collect in other contexts—such as our communications with you via email or phone, your responses to project screening questions, your customer service records, or any feedback provided by a User. In those circumstances, we will treat the combined information as Personal Information.
For greater clarity, we may collect the following Personal Information from you:
Identifiers Name, email address, phone number, mailing address, date of birth, and IP address.
Internet or Other Similar Network Activity Other information collected through Cookies and other tracking technologies as listed and described below.
Other Categories Any other information that you choose to provide to us (e.g., when you send us an email/otherwise contact us).
2.2. How Do We Collect Data?
We collect personal data directly from you, from third parties, and through the use of cookies and metadata collected on our Website and Services.
We, and our third-party service providers, collect information automatically through our Services. This may include information such as your IP address and domain name, your Internet service provider, the date and time of your visit, your use of the Services during your current session and over time (including the pages you view and the files you download), the URLs from the websites you visit before and after navigating to the Services, your computer’s operating system and browser type, your software and hardware attributes (such as device IDs, device OS, and device type), search keyword and search engine, and your general geographic location (e.g., your city, state, province, or metropolitan region). Such information may be considered Personal Information under certain applicable law. We collect such information using the following technologies:
● Server Logs. When you use the Services, we automatically receive and record certain information from your computer (or another device) and your browser. To obtain such information, we may use server logs or applications that recognize your computer and gather information about its online activity.
● Cookies. We also use cookies. Cookies are small files that are stored on your computer (or other device) by your web browser. A cookie allows the Services to recognize whether you have visited the Website before and may store user preferences and information. If you are concerned about having cookies on your computer, you can set your browser to refuse all cookies or to indicate when a cookie is being set, allowing you to decide whether to accept it. You can also delete cookies from your computer.
● Collaboration with Third-Party Data Collectors. We may partner with certain third parties to collect, analyze, and use some of the information described above. For example, we may allow third parties to set cookies or use other tracking mechanisms (such as tags or scripts) on the Services or in email communications from us, or we may allow third parties to use an application software development kit (SDK) or a server-to-server connection to collect data.
3. When We Collect Your Information and How We Use It
DCA collects your personal data whenever you do any of the following and uses it as described:
Signing Up for Services: To access certain features on the Website, you may be required to provide your name, email address, and/or phone number. Your information is used to sign up for and otherwise provide and administer the service you requested.
Administer Services: Provide the Services to you, administer your account, and fulfill the terms of any agreement you have with us. Note that any information you submit may be used by us to evaluate you for qualification to match and to provide the Services.
Communicating with Us: When you contact us with a comment, question or complaint, you may be asked for information that identifies you (such as your name, address and a phone number) along with additional information we need to help us promptly answer your question or respond to your comment or complaint. We may also retain this information to assist you in the future and to improve our customer service, products, service offerings, events and promotions.
Providing Information to Third Parties With Whom We Work: We may obtain and/or provide your personal data from and/or to third parties with whom we use to facilitate the provision of our Services.
We are not responsible for the Privacy Policy of the third parties with whom you may interact while using our Services.
Signing Up for Marketing Email and Other Communications: We may offer you the ability to sign up to receive marketing and promotional communications through the Website, on third party websites (including through social media sites), or educational events and information sessions. In these circumstances, we collect certain personal data (such as first and last name, email address or mobile phone number) which we use to send you email and other communications containing updates, tips, and other content that may be of interest to you. You can opt out of receiving promotional email from us by following the “opt-out” or “unsubscribe” instructions provided in your email or text message, or by contacting us as set out below. Please note that you may continue to receive messages from us regarding your application or other transactional and account-related electronic messages from us.
4. When Do We Share Your Information
We share your personal data with third parties, including service providers, affiliated entities, and business partners as set out below.
In the section below, we also list the reasons why we share information.
4.1. How and Why We Share Your Information
● Third-party service providers. We use third-party service providers to help us provide, manage, and improve the Services. These service providers may collect and/or use your information to assist us in achieving the purposes discussed in this Policy. We do not exercise control over any other sites that may be linked to or accessed through the Platform or our website. We have no responsibility for the privacy practices of third-parties, including any technology or software providers, which are used within the Services. You should review the policies of any third-party sites before providing personal information to these sites.
We share your Personal Information with the following third parties for the purpose of providing the Services to you. Where a third party is identified, please see their linked privacy notices for information regarding their collection and use of personal data.
● Cloud storage and infrastructure providers, including Google Firebase;
● Customer support platform and service providers;
● Marketing platform providers, third-party data providers, and other service providers to reach or better understand our users and measure advertising effectiveness;
● Service providers that provide us with artificial intelligence and machine learning tools and services.
● Accountants, consultants, lawyers, and other professional service providers.
● Analytics. We may use your data internally for research and development to improve our existing products and services and/or create new features to serve you better, and expand our user base. We may also use non-personal data (“Metadata”) for this same purpose. We may share your personal data with third parties involved in research and development to improve our existing products and services and/or create new features to serve you better.
● Third-party plugins and integrations The Services may integrate certain third-party plugins, widgets, or integrations. Even if you do not click on these plugins, widgets, or integrations, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie or other tracking mechanism. Each plugin, widget, and integration is governed by the privacy policy of the company providing it, and not this Policy.
● Legal purposes. The information we process, and store may be disclosed by us to legal authorities if we are required to do so by law. We may also disclose, at our discretion, some information we collect and store where we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing interference with the rights, property, or rules of the Users, or someone who may cause or be at risk of imminent bodily harm, or someone who may be violating the Terms of Use of our Services. In such cases, the User in question will be informed.
● Financing, business transfers, and similar transactions. As we develop our business, we might sell or buy businesses or assets. In the event of a sale, merger, reorganization, dissolution, or similar event relating to all or a portion of our business or assets, your information may be part of the transferred assets. In accordance with applicable law, to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of DCA’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by DCA about our customers and users is among the assets transferred.
● De-identified or aggregated information. We may also share de-identified and aggregated information about Services Users, such as by publishing a report on trends in the usage of the Services or sharing aggregated information about historical survey matching results.
4.2. Promotional Communications
If you have signed up for marketing emails or communications, and do not want us to use your personal data for us to market to you, and/or to pass on to third parties for marketing purposes, please contact us through the various communication channels available, as listed under the Section titled “Contact Us, Questions, Updating Your Info, Opting Out” below. You will also be able to unsubscribe from any marketing emails sent to you by DCA using a link provided in such emails. We do not sell your personal data.
5. Where We Store Your Data
All information you provide to us is stored in the servers of our cloud service providers. We take reasonable steps to ensure our service providers adhere to the security standards we apply to your information. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.
Our services are predominantly located in Canada. Many of our service providers are also located outside of Canada. While we use appropriate safeguards to keep your information secure, the laws in other places may differ from those in Canada and authorities in those jurisdictions may access your information in accordance with their local laws.
6. Safeguards
DCA takes the safeguarding of your information very seriously. We have implemented commercially reasonable administrative, technical and physical safeguards in an effort to protect against unauthorized access, use, modification and disclosure of personal data in our custody and control.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Services; and thus any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
7. Your Rights
You have certain rights relating to your personal data, subject to local data protection laws. Depending on the applicable laws, these rights may include the right to:
● Be informed
● Access your personal data
● Correct or rectify inaccuracies
● Erase your personal data (‘be forgotten’)
● Restrict our processing of your personal data
● Obtain and reuse your personal data
● Object to the processing of your personal data
● Not to be subject to a decision based solely on automated processing, including profiling
● Withdraw your consent
● Right to report or complain
You can request access, corrections, updates, or deletion of your personal data in our records by contacting us as set out below. We may request certain personal data for the purposes of verifying the identity of the individual seeking access to their personal data records.
Should you wish to lodge a concern or complaint to DCA, please contact us as set out below. We will respond to your concerns in a reasonable time
We are not responsible for the privacy practices of our third-party service providers and recommend that you review their privacy policies carefully. We may communicate with our third-party service providers, to the extent permitted by law, when you make a request based on your personal data rights that involves the data collected by our third-party service providers. We will keep you informed on the status of your request in such cases.
8. Third-Party Links, Websites, Apps, and Communication Technologies
Our Website may contain links to other websites that DCA does not own or operate, including the websites of third-party partners. Also, links to our Website may be featured on third party websites on which we advertise. Except as provided herein, we will not provide any of your personal information to these third parties without your consent. We provide links to third party websites as a convenience to the user. These links are not intended as an endorsement of or referral to the linked websites. The linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully. We do not have any control over such websites, and therefore we have no responsibility or liability for the manner in which the organizations that operate such linked websites may collect, use or disclose, secure and otherwise treat your personal information.
We may offer you the opportunity to engage with our content on or through third-party social networking websites, plug-ins, and applications. When you engage with our content on or through third-party social networking websites, plug-ins and applications, you may allow us to have access to certain information associated with your social media account (e.g., name, username, email address, profile picture) to deliver the content or as part of the operation of the website, plug-in or application. When you provide information from your social media account, we may use this information to personalize your experience on the Website and on the third-party social networking websites, plug-ins and applications, and to provide you with other products or services you may request.
9. Third-Party Analytics
DCA uses the web analytics services such as Google Analytics and Wix to collect standard internet log information. Tools such as these may use cookies to help us analyze how visitors use the Website. For example, with Google Analytics, the information generated by the cookie about your use of the Website (including your IP address) will be transmitted to and stored by a Google server. Google uses this information for the purpose of evaluating your use of the Website, compiling reports on Website activity for Website operators, and providing Website operators with other services relating to Website activity and internet usage. You can prevent the storage of data relating to your use of the Website and created via the cookie (including your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.
You can also obtain additional information on Google Analytics’ collection and processing of data and data privacy and security at the following links: https://policies.google.com/technologies/partner-sites and https://support.google.com/analytics/topic/2919631.
10. Data Retention
DCA will only retain your personal data while it is needed to fulfill the intended purpose for which it was collected or as otherwise permitted or required by law or contract (which may extend beyond the termination of our relationship with you).
Typically, personal data is maintained during the time you are engaged in the institutional program you applied to, or for up to a year following our last contact with you. We may retain certain data as necessary for:
● legitimate business purposes, such as auditing, account recovery;
● if required by applicable federal, state, provincial or other laws;
● to prevent fraud or future abuse, or
● by contract with a partner and/or institution.
All retained personal data is treated in accordance with this Policy.
If you request that your personal data be removed from our databases and/or systems, it may not be possible to completely delete all your personal data due to technological and legal constraints. However, we will take such steps as are reasonable to securely destroy the information or to ensure that the information is de-identified and/or anonymized as necessary.
11. Children’s Privacy
We do not knowingly collect information from children under the age of 16 and do not target our Services to children under 16. If you are under 16, please do not use the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this prohibition. If you have reason to believe that a child under the age of 16 has provided information to us, please contact us, and we will endeavor to delete that information from our databases.
12. Governing Law
We have taken commercially reasonable steps to ensure your data is protected in accordance with the Personal Information and Electronic Documents Act (“PIPEDA”), including leveraging the security measures embedded within our third party service providers. From time to time, your Personal Information may be accessed by DCA-authorized services or staff in another country where DCA or authorized third parties operate. We implement measures to protect your information and to ensure compliance with applicable laws.
All issues and questions concerning the application, construction, validity, interpretation and enforcement of this Privacy Policy shall be governed by and construed in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable therein.
To inquire about or exercise your rights in accordance with applicable law, please contact us at dclarke@dclarkearchitect.com.
13. Changes to Our Privacy Policy
This Policy may change from time to time. Any changes in the future will be posted on our Website. We strongly encourage you to check back frequently to see any updates or changes to our Policy. We will not materially reduce your rights under this Policy without taking steps to bring such changes to your attention.
14. Contact Us, Questions, Updating Your Info, Opting Out
If you use our Services and would like to update your personal data, please log into your account on our Website in order to update certain information or contact us through the contact information below. From time to time, we may email you or send you with special offers; you may opt-out of those offers by using a link provided in the email, or by contacting us as noted below.
Please contact us if:
● You have any questions or comments about this Policy
● You wish to access, update, and/or correct inaccuracies in your personal data and are unable to do it yourself, or
● You otherwise have a question or complaint about the manner in which we or our service providers treat your personal data.
You may contact us by email at dclarke@dclarkearchitect.com.