Effective Date: May 16, 2019
Linkable Table of Contents
Avid Ratings offers individuals like you the opportunity to participate in Customer Satisfaction Surveys (“Surveys”) related to home ownership, including home construction and home improvement. For example, we are contracted by home builders and their suppliers to manage Surveys covering various stages of the home building experience (our “Builder Partners”). Your opinions and responses are very important, because they help home builders and their suppliers improve their services, develop new products and services, and develop better marketing strategies. Further, if you choose to, these Surveys can assist us and other partners to provide you with exciting new offers relating to home improvement.
Your Survey participation is always completely voluntary.
Definition of Personal Information: “Personal Information” is broadly defined and includes any information about an identifiable individual, as well as more technical information which is collected automatically. Information that is aggregated and/or anonymized is not considered to be personal information.
(a) Information You Provide to Us
On our Site, or through our Surveys emailed or sent by post to you, we may ask you to provide us: (i) your first and last name, email address, home or other mailing and billing addresses, telephone number, mobile number, date of birth and other information to access the Site such as your user name or password; (ii) demographic information, such as your gender, zip code, job, age, marital status, income level, education level, and occupation; and/or (iii) personal preference information, such as what types of products you are interested in buying, what your budget is, or what home projects you may be considering (hereinafter “Personal Information”).
For example, we may collect Personal Information when you:
- Submit account registration forms or otherwise save your information with us on our Site;
- Sign up or request to be placed on our mailing, SMS/text and/or email marketing lists;
- Participate in a Survey or promotion;
- Contact us regarding a question or concern such as when you make inquiries concerning our Site or Service;
- Submit an application for employment; and/or
- Otherwise interact with us through the Site or Service.
Your decision to provide us with any Personal Information is voluntary, but if you choose not to provide any requested information you may not be able to take advantage of all the Site’s features, including offers from us and/or our Builder and Promotion Partners.
(b) General Browsing As You Access and Use the Service
In addition to any Personal Information that you choose to submit to us via our Service, we and our third-party service providers use a variety of technologies that automatically (or passively) store or collect information whenever you visit or interact with the Service (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Service.
This Usage Information may include:
- your IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Sites, and our computers identify your Device by its Device Identifier;
- your Device functionality (including browser, operating system, hardware, mobile network information);
- the URL that referred you to our Service;
- the areas within our Service that you visit and your activities there, including remembering you and your preferences;
- your Device location;
- your Device characteristics; and
- other Device data, including the time of day, among other information.
Usually, we anonymize and aggregate Usage Information and use it to improve our Service. If we have collected and stored Usage Information that is not anonymized or aggregated, we will treat the Usage Information as if it were Personal Information. In the future, if we associate the Usage Information with your Personal Information we collected directly from you on the Service, we will treat all of that information as Personal Information and will obtain a further consent at that time.
We use various technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. The Tracking Technologies we use on our Sites and other Services may include the following (and subsequent technology and methods later developed):
- Cookies. A cookie is a file placed on a Device to uniquely identify your browser or to store information on your Device. Our Sites may use HTTP cookies, HTML5 cookies, Flash cookies and other types of cookie technology to store information on local storage.
- Web Beacons. A Web Beacon is a small tag (which may be invisible to you) that may be placed on our Sites’ pages and messages.
- Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Sites, such as the links that you may click.
ETag. An ETag or entity tag is a feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL.
- Browser Fingerprinting. Collection and analysis of information from your Device, for example, your operating system, plug-ins, system fonts and other data, for purposes of identification.
- Recognition Technologies. Technologies that include application of statistical probability to data sets, which attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).
We use the Tracking Technologies for the following purposes:
- To prevent fraudulent activity and improve security on our Sites;
- To offer you enhanced functionality, including to identify you when you signin to our Sites;
- To track your specified preferences or to track your online activities over time and across third-party sites; and
- To deliver advertising and other content on our Site as well as thirdparty sites, based on how you interact with the Sites.
The Tracking Technologies assist us in collecting information about user online activities over time on our Sites and on other websites, including page views, source and time spent, and user specified preferences.
There may be other Tracking Technologies used by us now or later developed and used by us in connection with the Service. If new technology involves collecting additional information from you, we will let you know.
(d) Information We Collect When You Interact with Third-Party Sites
Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms.
(d) Information Third Parties Provide About You
Our Builder Partners provide us with your Personal Information so that we can manage a series of Surveys during the home buying process on their behalf. We only use that Personal Information to conduct and process the Surveys for our Builder Partner. Personal Information that is transferred to us by our Builder Partners is subject to the privacy policies and practices of those Builder Partners. We do not retain or use Personal Information that is transferred to us by our Builder Partners for any other purpose unless we have your express written consent.
In some cases, we may also collect your Personal Information from third parties, if permitted and/or as authorized by law.
(f) Information You Provide About a Third Party
You may be able to send someone else a communication from the Service, such as sending an invitation to a friend. If so, the information you provide (names, e-mail addresses, etc.) is used to facilitate the communication and is not used by us for any other marketing purpose unless we obtain consent from that person or we explicitly say otherwise. Please be aware that when you use any send-to-a-friend functionality on our Service, your contact information, name or user name and message may be included in the communication sent to your addressee(s). Some of these tools may be third-party tools subject to third-party privacy policies.
We use your Personal Information for the following purposes:
- To conduct Surveys for our Builder Partners which includes processing, tracking, interpreting and reporting on those Survey results, both attributed to individual respondents and in an aggregate/anonymized format; and, with your express consent:
- To identify the products and services of our Builder Partners that may be of interest to you and to communicate those products and services to you;
- To establish and manage our direct relationship with you, including processing account registrations, responding to your inquiries about the Service, and providing you with customer service; and, with your express consent:
- To communicate information to you about our Services, specific features of the Site, or other promotions and marketing information; and to improve and personalize your experience and interactions with our Service by providing personalized content based on your preferences and location-based services;
- To identify new products, new services or new opportunities that we could offer based on the interests, needs and wants of respondents to our Surveys;
- For our business operations, including:
- to communicate amongst our business units and entities;
- to troubleshoot problems and to improve the effectiveness of our Service and marketing plans;
- for training, quality assurance, risk management, and security purposes;
- To meet legal and regulatory requirements;
- If you have submitted Personal Information as part of an online application for employment, we may use that information consider your application and to communicate with your regarding your application; and
- For other purposes we identify and that you consent to at the time you provide your Personal Information.
We may also anonymize and/or aggregate information so that it is no longer considered Personal Information, and we may use it for any legal purpose.
We provide information from the Surveys you submit about your home buying experience, including your Personal Information, with your home builder. We do not disclose Personal Information we have collected from you to third parties. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes.
We may disclose anonymized and/or aggregated information from the Surveys to our Builder Partners and other third parties.
Avid Ratings may disclose your Personal Information as follows:
(a) When You Request Information from Third Parties
You may be presented with an option on our Service to receive information and/or marketing offers from Promotion Partners or other third parties, or to have us send certain information to Promotion Partners or other third parties, or give them access to it, to use for their own purposes. If you choose to do so, your Personal Information may be disclosed to those third parties, and all information you ask us to disclose will be subject to the privacy policies and practices of those third parties.
In addition, third parties may store, collect or otherwise have access to your information when you interact with their Tracking Technologies, content, tools apps or ads on our Service or link to them from our Service. This may include using third-party tools such as Facebook, Twitter, Pinterest or other third-party posting or content sharing tools and by so interacting you consent to such third-party practices. We are not responsible for the privacy policies and practices of such third parties; therefore, you should review carefully the privacy policies and practices of such third parties prior to requesting information from or otherwise interacting with them.
(b) Our Service Providers
Our service providers are committed by contractual agreements with us to protect your Personal Information from unauthorized access, collection, use or disclosure. Our service providers are not permitted to disclose your Personal Information to others.
Some of our service providers will store, access or process your Personal Information in the United States. If it is required by law or court order, your Personal Information could be made accessible to legal authorities, including law enforcement and national security authorities of the United States.
If you have questions about the collection, use, disclosure or storage of Personal Information by our service providers outside of Canada, or would like to obtain more information about our policies and practices with respect to service providers outside of Canada, please contact our Privacy Representative at firstname.lastname@example.org.
(c) As Permitted or Required by Law or to Protect the Rights of Avid Ratings and Others
We may be compelled to produce Personal Information in response to a law, regulation, court order, subpoena, valid demand, search warrant, government investigation or other legally valid request or enquiry. To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such production, and to contest or not contest requests for production, all without notice to you.
We may also provide relevant Personal Information to our accountants, auditors, agents, insurers and lawyers in connection with the enforcement or protection of our legal rights.
(d) Related Entities and Business Transactions
Avid Ratings and its related entities, such as its affiliated companies and subsidiaries, may share your Personal Information among themselves for any of the purposes set out in the section titled, “Why We Collect Personal Information”, subject to your right to vary or withdraw your consent.
We may disclose your Personal Information to a third party in connection with a prospective or completed business transaction, including a sale, disposition, or transfer of any part of our business or assets, an amalgamation, merger, re-organization or financing. Your Personal Information will be subject to agreements with the third party regarding protection of the Personal Information and how the Personal Information may be used or disclosed.
If the prospective transaction does not proceed, the third party will have to return the Personal Information to us.
If the transaction proceeds, Avid Ratings or the other party to the transaction will notify you within a reasonable time that the transaction has been completed and that your Personal Information has been disclosed in relation to the transaction. If the transaction proceeds, the third party will have to give effect to any withdrawal of consent that you submit to it.
(e) Sweepstakes, Contests and Promotions
We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) through the Service that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion, which may contain specific requirements of you, including, allowing the sponsor of the Promotion to use your name, voice and/or likeness in advertising or marketing associated with the Promotion. The official rules of a Promotion may require you to consent to the disclosure of your Personal Information to third parties or the public in connection with the administration of the Promotion, including, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion’s official rules, such as on a winners list.
You have a right to withdraw your consent to our collection, use and disclosure of your Personal Information at any time. However, if you withdraw your consent to purposes that are integral to the provision of our products and services, we may have to limit the services or products we are able to provide. Other purposes, such as advertising purposes, are not integral to the provision of our products and services and your opt-out of such purposes will not impact the provision of such products and services.
(a) Withdrawing your consent for integral purposes
If you withdraw your consent for purposes that are integral to the provision of our products and services, we may have to limit the services or products we are able to provide.
(b) Withdrawing your consent for secondary purposes
You may withdraw your consent to your Personal Information being used and/or shared for the following secondary purposes:
- to communicate with you for the purposes of providing you with advertising and marketing messages pertaining to additional products or services that may be of interest to you. You can always limit the electronic communications that Avid Reports sends to you. To opt-out of commercial emails, simply click the link labeled “unsubscribe” or “opt-out” at the bottom of any commercial electronic communication we send you. Please note that even if you opt-out of promotional communications, we may still need to contact you with important information about your account;
- to send you information regarding sweepstakes, contests and other promotions; and
- to personalize our advertisements to ensure that such advertisements are of relevance for you.
To exercise these choices, you may advise us by contacting email@example.com.
The Service may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Service are opened by you. In addition, when you are on the Service you may be directed to other services that are operated and controlled by third parties that we do not control. Occasionally, when linking to another site, you may still see our Site’s logo or frame. This is to provide you with a seamless experience when visiting our Service. In these cases you are no longer on our Site and are now on a different website whose information collection practices may differ from ours. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the Service onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies.
Third-party applications may also be available via the Service. The owners of these applications (“Third-Party Owners”) may collect Personal Information and other data from you and may have their own policies and practices. We are not responsible for how Third-Party Owners or their applications collect or use your information and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. These Third-Party Owners may have their own terms of service, privacy policies or other policies and ask you to agree to the same. We are not responsible for these third-party privacy policies or the practices of Third-Party Owners. Be sure to review any available policies before submitting any personally identifiable information to a third-party application or otherwise interacting with it and exercise caution in connection with these applications. We also encourage you to note when you leave our Service and to review the third-party privacy policies of all third-party locations and exercise caution in connection with them.
Our Site and Service are not designed to attract children and are not intended for use by any children under the age of 13. We do not request or knowingly collect any Personal Information from children under the age of 13. If you are under 13 years of age, you are not permitted to use the Site and should not send any information about yourself to us through the Site.
In the event that we become aware that we have collected Personal Information from a child under the age of thirteen (13), we will dispose of that information in accordance applicable laws and regulations. If you are a parent or guardian and you believe that your child under the age of 13 has provided us with Personal Information without your consent, please contact us at firstname.lastname@example.org.
You have the right to access your Personal Information and to have it corrected or updated. We prefer to keep your Personal Information accurate and up-to-date. If you would like to change or correct your Personal Information, please go to the Canadian Profile Page at https://www.avidratings.com/canadian-profile/ and log in to update or correct your Personal Information, or contact us at email@example.com.
We will make reasonable efforts to make requested changes in our active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons.
Avid Ratings only retains your Personal Information for the time period necessary to fulfill the purpose for which it was collected, unless authorized or required by applicable law. Personal Information that is no longer required to fulfill the identified purposes will be destroyed, deleted or made anonymous.
We incorporate commercially reasonable safeguards to help protect and secure your Personal Information. However, no data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information can be guaranteed 100% secure. There is always a risk that your Personal Information could be lost, stolen or compromised. As a result, we cannot guarantee or warrant the security of any information you transmit to or from our Site, and you provide us with your information at your own risk.
If we find out there has been a breach of our security safeguards and there is a real risk of significant harm to you, you will be notified unless otherwise prohibited by law.