Privacy Statements

This EARTHBRAIN privacy statement (this "Privacy Statement") describes the types of information that EARTHBRAIN Ltd. ("Company," or "We") may collect from you or that you may provide when you visit the websites or mobile applications where this privacy statement is posted. (collectively, the "Websites"). This privacy statement includes our practices for collecting, using, maintaining, protecting, and disclosing that information.

This statement applies to information we collect: 

• On our Websites, including when you create an account or apply for employment.
• In e-mail, text and other electronic messages between you and our Websites.
• Through mobile and desktop applications, if available, you download from our Websites or mobile application stores, which provide dedicated non-browser-based interaction between you and our Websites.
• When you interact with our advertising and applications on third-party websites and services if those applications or advertising include links to this statement.
• Financing applications.

It does not apply to information collected by:

• us offline or through any other means, including on any and all websites that are not operated or controlled by the Company or our affiliates; or
• any third party (including, for example, YouTube, Facebook, Twitter, etc. ), including through any application or content (including advertising) that may link to or be accessible from or on the Websites.

Please read this statement carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Websites or provide information to the Company. By accessing or using our Websites, you agree to this privacy statement. This statement may change from time to time. Your continued use of our Websites after we make changes is deemed to be acceptance of those changes, so please check the statement periodically for updates. As noted in our Terms of Use, the Company is headquartered in Japan. We make no representation that we will comply any privacy laws other than the laws of Japan, the United States of America (“U.S”) and Canada. If you expect the laws of any country other than the U.S. or Canada to apply, you should not provide us information or use our Websites.

Children’s privacy

Our websites are not directed to children under the age of thirteen and we do not knowingly collect information from children under the age of thirteen on our Websites. If we become aware that we have inadvertently received information from a visitor under the age of thirteen, we will delete the information from our records.

Information we collect about you and how we collect it

We collect several types of information from and about users of our Websites, including information:

• by which you may be personally identified, such as first name, last name, postal address, e-mail address, telephone number, work and educational history, and credit card information;
• that is about your work-related activities, such as your job title or work e-mail address; or
• about your Internet address and/or connection, the equipment you use to access our Websites and usage details.

We collect this information:

• Directly from you when you provide it to us;
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies; or
• From third parties, for example, our business partners and credit reporting agencies if you apply for financing with us.

Information you provide to us

The information we collect on or through our Websites may include: 

• Information that you provide by filling in forms or dialog boxes on our Websites. This includes information provided at the time, as applicable, of registering to use our Websites, subscribing to our services, posting material, initiating a business transaction, requesting a quote, reviewing our online catalogs, or requesting services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Websites.
• Records and copies of your correspondence (including e-mail addresses), if you submit a request to us at www.smartconstruction.com/contact. Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Websites and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Websites.
• Your search queries on the Websites.

You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Websites, or transmitted to other users of the Websites or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Websites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Usage details, IP addresses, cookies, and other technologies

As you navigate through and interact with our Websites, we may automatically collect certain information about your equipment, browsing actions, and patterns, including: 

• Details of your visits to our Websites, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Websites.
• Information about your computer and Internet connection, including your IP address, operating system, and browser type.

The navigation information we collect helps us, among other things, to improve our Websites and to deliver a better and more personalized service by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Websites according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Websites.

The technologies we use for this automatic data collection may include cookies and flash cookies, further information can be found in our Cookie Policy, and Web Beacons. Web Beacons are included on pages of our Websites and our e-mails and may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity.)

Third-party advertiser use of cookies and other tracking technologies

Some advertisements on the Websites may be served by third-party advertisers, ad networks, and ad servers. These third parties may use cookies alone or in conjunction with other tracking technologies to collect information about our users. This may include information about users' behavior on this and other websites to serve them interest-based (behavioral) advertising. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.

How we use your information

We may use information that we collect about you or that you provide to us, including any personal information:

• To present our Websites and their contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill business transactions initiated by you and for any other purpose for which you provide your information.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Websites or any products or services we offer or provide through them.
• To allow you to participate in interactive features on our Websites.
• In any other way, we may describe when you provide the information.
• As otherwise permitted by law.

We may also use your information to contact you about our own and third parties' goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box (if provided) located on the form on which we collect your data or adjust your user preferences in your account profile.

Consent

Ordinarily, we ask for consent to collect, use or disclose personal information, except in specific circumstances where collection, use, or disclosure without consent is authorized or required by law. We may assume your consent in cases where you volunteer information for an obvious purpose (such as applying for a position or purchasing equipment from us).

You may withdraw consent to the use and disclosure of personal information at any time unless the personal information is necessary for us to fulfill our reasonable business or legal obligations. We will respect your decision, but we may not be able to provide you with certain services if we do not have the necessary personal information.

The purpose for collecting personal information is set out in this policy.

We ask for your express consent for some purposes and may not be able to provide certain services if you are unwilling to provide consent to the collection, use or disclosure of certain personal information. Where express consent is needed, we may ask you to provide consent orally (in person, by telephone), in writing (by signing a consent form), or electronically (by clicking a button). In cases that do not involve sensitive personal information, we may rely on “opt-in” consent.

Users outside the United States

If you are accessing our Website from the UK, European Union, or Canada, you should be aware that we may transmit the information we collect on our Websites, including personal information, outside of your jurisdiction to Canada, the United States, the UK ,and the countries of the European Union where we do business, including to our service providers who may need to access, process or store your personal information, but we will do so only for the purposes described herein. When your personal information is used or stored in a jurisdiction outside of the one where you reside, it may be subject to the law of this foreign jurisdiction, including any law permitting or requiring disclosure of the information to the government, government agencies, courts and law enforcement in that jurisdiction.

Disclosure of your information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose information, including personal information, that we collect or you provide as described in this privacy statement:

• To our subsidiaries and other affiliates.
• To contractors and service providers.
• 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 the Company's or our affiliates’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which information held by the Company about our Websites users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We do not control third parties' collection or use of your information to serve interest-based advertising. However , these third parties may provide you with ways to choose not to have your information collected or used in this way.

We may also disclose your information, including personal information:

• To comply with any court order, law or legal process, including responding to any government or regulatory request.

• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.

• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our affiliates, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices about how we use and disclose your information

We may provide you with choices regarding the information you provide to us. We may use mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. We do not control third parties' collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website.

Mobile devices

What information we collect 

• We only collect personal information that you specifically share with us. For example, some of our services may ask for this type of information so that we can contact you at your request. We will not collect your personal information via any of our mobile applications for a purpose that you would not reasonably expect without providing you just-in-time notice of: 1) the categories of personal information being collected, and 2) a link to a full notice that provides further information regarding our collection.
• If you use any location-enabled products, you may be sending us location information. We do not store or use this information other than to provide the service you requested. Location-enabled features are opt-in on your mobile device. You can have control over your participation and can turn these services off at any time.
• Web-enabled mobile applications may use cookies or web beacons or other methods to customize your browsing experience.
• Some mobile applications may use Google Analytics (or similar tools) to help us better serve our customers through improved products, services, and revisions to the mobile applications. This collected information does not identify you with the Company. It may, however, let us know anonymously which services and features you are using most within the application, as well as device type and hardware features, country, and language of downloads.
• Use of third-party services such as social sharing sites (e.g., Facebook and Twitter) is governed by the privacy practices of those services.

How we use collected information 

• We use the information to personalize your experience with the application and to improve your relationship with the Company through the development of new products, services, and features.
• We use the information to provide customer support and, where applicable, register and administer your account.
• We may use the information to contact you about updates to our service.

How we share information

We do not share any collected information with third parties, with the following exception:

• We may provide some data to third-party partners that are providing services essential to your mobile user experience, e.g., the mobile app developer, such third parties are required by contract to protect any personal information we share with them.

Storage and security

We have implemented reasonable, but not infallible, security measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any personal information provided may be encrypted using SSL technology or other technology.

However, the safety and security of your information also depend on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Websites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Websites like message boards. The information you share in public areas may be viewed by any user of the Websites.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we take reasonable steps to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Websites. Any transmission of information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

Personal information will be retained only as long as necessary and will be disposed of in a manner that is appropriate to the sensitivity of the information. We render personal information non-identifying, or destroy records containing personal information once the information is no longer needed. We use appropriate security measures when destroying personal information, including shredding paper records and permanently deleting electronic records.

Personal information will be protected by security safeguards, appropriate to the sensitivity of the personal information.

Please note that we use cloud-based services to store information in the following jurisdictions: Japan, Canada, the European Union, the UK, and the United States. Where personal information is stored or processed outside of the jurisdiction where you live, it is subject to the laws of that foreign jurisdiction, and may be accessible to that jurisdiction’s governments, courts, law enforcement, or regulatory agencies.

Changes to our privacy statement

It is our policy to post any changes we make to our privacy statement on this page with a notice that the privacy statement has been updated on the applicable Website home page.

As state-specific consumer data privacy laws begin to take effect, we will update this statement to include easily accessible links to state-specific privacy notices, similar to how we have included “Your California Privacy Rights” above. We encourage our customers and other visitors to our Websites to frequently check this statement for updates and to visit our state-specific privacy notices for information on additional privacy rights you may have.

How to contact us and update your information

If you have any questions or comments about this Privacy Statement, or you would like us to update the information we have about you, please submit a request to us at www.smartconstruction.com/contact.

Your California privacy rights

If you are a California resident, you may also have additional privacy rights under the California Shine the Light law (Civil Code Section § 1798.83) and the California Consumer Privacy Act (“CCPA”) (Civil Code Section § 1798.100).

The Shine the Light law permits users of our Website and/or our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please submit a request at www.smartconstruction.com/contact.

To learn more about your California privacy rights under the CCPA, please visit Privacy notice for California residents page.

For Canadian visitors

If you would like us to update information concerning your receipt of commercial electronic messages and such preferences, or to learn more about our compliance with CASL, please submit a request at www.smartconstruction.com/contact.

We will notify all required authorities, including the Office of the Information and Privacy Commissioner of Canada, without delay, of a security breach affecting personal information if it creates a real risk of significant harm to individuals.

Inquiries or complaints concerning compliance with this Privacy Statement should be addressed, in writing, to the EARTHBRAIN Privacy Officer by submitting a request at www.smartconstruction.com/contact.

If you are not satisfied with the response from our Privacy Officer after making a complaint, you may have recourse to additional remedies under applicable privacy legislation. For further information, please contact the Federal Privacy Commissioner or your provincial Privacy Commissioner, as applicable.

Office of the Privacy Commissioner of Canada 30, Victoria Street
Gatineau, Quebec
K1A 1H3
Toll-free: 1-800-282-1376
Phone: (819) 994-5444
TTY: (819) 994-6591

For European and UK visitors

If you have any questions or comments about this Privacy Statement, or you would like us to update the information we have about you, please contact info@smartconstruction.com.