Privacy Policy

Effective date: June 26, 2020

Symbium Corp. (referred to as “Symbium,” “Company,” “us,” “our,” or “we”), is committed to protecting your privacy online. This privacy policy (“Policy”) discloses our privacy practices for our site, located at www.symbium.com (“Site”), and related applications (“Applications”) and various related services (all of our Site, Applications and services shall collectively be referred to as “Services”). This Policy is designed to help you understand what information we collect and how we collect, share, and use the information. The Policy applies to all of our Services visitors, users, and subscribers. By accessing or using our Services, you consent to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this Policy. Any reference to “you”, “your”, or “user” in this Policy shall mean the end-user of our Services.

Irrespective of which country you reside in or supply information from, you authorize us to use your information in the United States and any other country where we may operate. We control and/or operate the Services from offices in the United States of America. We do not represent that materials on the Services are appropriate or available for use in other locations. Persons who choose to access our Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

1. The types of personal information that we collect

We collect the following types of information (all considered “Personal Information”) from our users:

1.1 Personal information you provide to us

1.1.1 Information that is necessary for your use of our Services.

We request and collect the following types of information when you choose to use our Applications. This information is necessary for us to provide the Services to which we agreed under contract with you. You can choose not to provide us with the information below, but you may not be able to use some or all of our Services.

  • Account information. When you sign up for an account through our Applications, you will be asked to submit your first name, last name, and email address.
  • Marketplace and design information. To participate in certain features of our Applications, such as Symbium Designs, you may be required to submit verification or licensing information to verify, by way of example, that you are a licensed architect or contractor.
  • Billing information. To purchase any of our Services, you will be asked to submit credit card or ACH information, which will facilitate the processing of payments by you.
  • Communications with Symbium and with other users of our Services. When you engage in any communications with us or with third parties through our Services, we collect information about the communication that you choose to provide.

1.1.2 Information that you choose to give to us.

You may choose to provide us with information when filling out a form or a survey, entering a promotion, communicating with one of our customer care team members, using a feature in one of our Applications, or sharing an experience with us.

1.1.3 Information that we automatically collect from your use of our Services.

When you use our Services, we automatically collect certain personal information about the Services you use an how you use them. This enables us to comply with legal obligations and to improve our Services.

  • Geo-location information. We may collect certain information about your precise or approximate location as determined by data such as your IP address to offer you an improved user experience.
  • Usage information. We collect information about your usage on our Applications and Site, such as the pages you have visited, how you have interacted with our Services, and other actions you have taken on our Services.
  • Log data and device information. We automatically collect log data and device information when you access and use our Services, even if you have not created a Symbium account or logged in. That information may include, among other things: IP address, access dates and times, hardware and software information, device information, unique identifiers, crash data, cookie data, and the page you viewed or engaged with prior to arriving at our Site or Applications.
  • Cookies and similar technologies. We use cookies and other similar technologies when you use our Applications, our Site, or engage with our online ads or email communications. In many cases, the information we collect using cookies and other tools is only used in a non-identifiable way, without reference to personal information. In some cases, we associate the information we collect using cookies and other technology with your personal information.
  • Payment transaction information. Symbium collects information related to your payment transactions through our Applications, including the payment instrument used, date and time, payment amount, payment instrument expiration date, billing postal code, your address, and other related transaction details. This information is necessary for the adequate performance of the contract between you and Symbium and allows the provision of our Services to you.

1.1.4 Information that we collect from third parties.

Symbium may collect information, including personal information, from third-party sources. We do not control, supervise, or respond for how the third parties providing your information process your personal information and any information requests regarding the disclosure of your personal information to us should be directed to such third parties.

  • Licensing / professional affiliations. If you apply to participate or participate in providing your floor plans or other architectural illustrations to Symbium Designs or other marketplaces in our Applications, and to the extent permitted by applicable laws, we may obtain reports from public records and/or licensing organizations to verify your professional license is in good standing. We may use your information, including your full name, to obtain such reports.
  • Referrals. If you are invited to use our Services by a third party, the person who invited you may submit personal information about you such as your email address or other contact information.

1.2 Children’s Data

Our Services are not designed or intended for use by children under 16 and we do not knowingly collect any personal information directly from children under 16. If you believe that we have been processing information pertaining to a child inappropriately, please contact us right away using the information provided under the section below titled “How you can contact us.”

2. How we use the information that we collect

In addition to the specific uses discussed above, Personal Information you submit to us may be used in the following ways:

  • To provide access to our Services.
  • To improve and develop our Services.
  • To communicate with users about their accounts.
  • To process or fulfill request(s) and/or order(s) for Services, information or features.
  • To provide users with updates, offers, and announcements about products, new products, services, features, promotions, enhancements, improvements or updates.
  • To notify users when we make material changes to our Privacy Policy or Services terms and conditions.
  • To solicit input and feedback to improve user experience.
  • To provide administrative services, manage account preferences, and to respond to and address technical issues, harm, or disputes.
  • To help us optimize our Services.
  • To create and maintain a trusted and safer environment by detecting and preventing fraud, spam, abuse, and security incidents; conducting security investigations and risk assessments; complying with our legal obligations; conducting checks against databased and other information sources, including professional licensing and good standing checks; resolving disputes with any of our users and enforcing our agreements with third parties; and enforcing our Terms of Service and other policies.
  • As we, in our sole discretion, otherwise determine to be necessary or required to ensure the safety and/or integrity of our users, employees, third parties, members of the public, and/or our Services.

We may provide these Services ourselves or share the information with partners who will provide the services for us. We may use aggregated user data to market our Services to others.

3. How we share your Personal Information

We will not disclose Personal Information of our users to any persons or entities outside of our company, nor lease, license, rent, transfer, disclose, disseminate or otherwise grant access to such information unless:

  • Users have been given an opportunity to “opt-in” and have agreed to opt-in to such disclosure of their information.
  • We must share user information in order to provide a product or service that has been ordered or requested by that user, in which case we will require that any third person or entity we use to fulfill the order agrees that it does not have the right to use user information other than to fulfill the order or request.
  • We share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, research, marketing and advertising, and other business purposes.
  • We believe in good faith, that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
  • We are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, at which point users’ Personal Information may be sold or transferred as part of that transaction, in which case we will notify you before your Personal Information is transferred and becomes subject to a different privacy policy.
  • It is to any other third party with a user’s prior consent to do so.
  • We receive a request in connection with a judicial, governmental or legal inquiry, investigation, order, or proceeding.
  • It is reasonably necessary to enforce our other Service terms and conditions, this Policy, or any other legal agreements we enter with our users.
  • It is required to detect, prevent, or otherwise address fraud, abuse, misuse, potential violations of law (or rule/regulation), and/or security or technical issues.
  • It is required or reasonably necessary to protect against imminent harm to the rights, property or safety of us, our users, employees, minors, members of the public and/or our Services.

We may also disclose information about you to our auditors or legal advisors in conjunction with accessing our disclosure obligations and/or rights under this Policy.

4. Types and disclosures of aggregate information

We may share aggregated information concerning our users, without attribution of Personal Information, to other companies or individuals with whom we conduct business. In other words, we may share address data that is sourced from public records databases in an anonymized manner to users who perform property-specific or jurisdiction-wide searches for specific regional attributes in our Applications. We may also combine your anonymized data with those of all or a particular group of our users to prepare collective profiles of our users and their activities for our internal use and can share the same with our partners. Such information allows us to continue to grow and provide you with quality information through higher quality product development, more relevant partnerships, and more accurate marketing and advertising of our Services.

5. What we do to keep your Personal Information secure

We take commercially reasonable security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of your Personal Information that you share and we collect and store. These security measures include practices such as:

  • Using secure socket layer (“SSL”) technology.
  • Employing firewalls, data encryption, and information access controls.
  • Internal reviews of our data collection practices and Services.
  • Physical security measures to guard against unauthorized access to systems where we store Personal Information.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through our Services cannot be guaranteed and you transmit such information at your own risk; and (c) any such information and data may be viewed or tampered with in transit by a third party. If you know or have reason to believe that your Symbium account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Symbium account, please contact us following the instructions at the end of this Policy.

6. What can you do to protect your Personal Information?

While we are committed to taking all reasonable precautions to protect your Personal Information, there are steps you can take as well when using online services, such as ours:

  • Use only secure websites when disclosing information.
  • Never respond to unsolicited requests for social security number or financial information./li>

Be aware when clicking on hypertext links and third party advertising, if any, on our Applications. Other sites accessible through our Applications, if any, via links or service partnerships have their own privacy policies and data collection, use and disclosure practices. We encourage you to review other websites’ policies before revealing any sensitive or personal information. Additionally, if other companies place advertising on our Applications, they may collect information about you when you view or click on their advertising through the use of cookies. You should contact these advertisers directly if you have any questions about their use of the information that they collect. We are not responsible for the policies or practices of third parties.

7. What can you do if you no longer want to receive communications from us?

You can opt out of any automated notifications or communications by:

  • Following the instructions included with each email.
  • Contacting us with an unsubscribe request to our email address found at the end of this Policy; however our employees, contractors or agents may still need to contact users who opt out personally, for example, in response to a support inquiry or if that user is in violation of our website terms and conditions.

If we have provided any third party with your Personal Information (with your permission) and you subsequently opt-out, you will have to contact the third-party directly with your opt-out request(s).

8. Fair Information Practice Principles

The FTC created the Fair Information Practice Principles as a result of the Commission’s inquiry into the manner in which online entities collect and use personal information and safeguards to ensure that such practices are fair and provide adequate privacy protection. We take our own self-regulation very seriously and support your rights as a consumer to causes of action against disreputable and unprincipled data collectors and users. Consistent with the FTC’s Principles, and in the event of a data breach, we will notify all users via their designated email addresses and via a public announcement as quickly as possible.

9. Your rights

Consistent with applicable law, you may exercise the following rights described in this section by submitting a request to us by sending us an email to our email address found at the end of this Policy with “Personal Information and Data Request” in the subject line and in the body of your message, along with a description of the specific request.

  • Managing your information. You may access and update your Personal Information in your account settings.
  • Rectification of inaccurate or incomplete information. You have the right to ask us to correct any inaccurate or incomplete Personal Information about you.
  • Data access and portability. In some jurisdictions, applicable law may entitle you to request copies of certain Personal Information held by us in a structured, commonly used, and machine readable format and/or request us to transfer this information to another service provider (where technically feasible).
  • Data retention and erasure. We may retain copies of your Personal Information in order to fulfill our contractual obligations to you. In some jurisdictions, applicable law may entitle you to request a deletion of all of your Personal Information in its entirety. We may, however, retain some of your Personal Information: as necessary for our own fraud detection and prevention and enhancing safety (for example, to prevent a suspended account from being reactivated by a restricted individual); to the extent necessary to comply with our own legal obligations; and because we maintain residual copies for a limited period of time to protect from accidental or malicious loss or destruction.
  • Withdrawing consent and restriction of processing. You may withdraw your consent for us to process your Personal Information at any time by changing your account settings or sending us an email request for the same. However, withdrawal of your consent does not affect the lawfulness of any processing activities based on such consent before its withdrawal. Additionally, in some jurisdictions, applicable law may give you the right to limit the ways in which we use your Personal Information, in particular where (i) you contest the accuracy of the Personal Information; (ii) the processing is unlawful and you oppose the erasure of your Personal Information; (iii) we no longer need your Personal Informtaion for the purposes of the processing but you require the information for the establishment, exercise, or defense of legal claims; or (iv) you have objected to the processing pursuant under “Objection to Processing” below and pending the verification whether the legitimate grounds of Symbium override your own.
  • Objection to Processing. In some jurisdictions, applicable law may entitle you to require Symbium not to process your Personal Information for certain specific purposes (including profiling) where such processing is based on legitimate interest. If you object to such processing, Symbium will no longer process your Personal Information for these purposes unless we can demonstrate compelling legitimate grounds for such processing or such processing is required for the establishment, exercise or defense of legal claims. Where your Personal Information is processed for direct marketing purposes, you may, at any time ask Symbium to cease processing of your data for these purposes by sending us an email to our email address found at the end of this Policy.

You may submit any complaints about our data processing activities by sending us an email with a description of the issue to the email address found at the end of this Policy.

10. California Residents - California Civil Code Section 1798.83

California residents have the right to receive, free of charge: a) information identifying any third party company(ies) to whom we may have disclosed (within the previous calendar year) personal information pertaining to you and your family for that company’s direct marketing purposes; and b) a description of the categories of personal information disclosed. If you are a California resident and wish to obtain such information, submit a request to our email address found at the end of this Policy with “Request for California Privacy Information” as the subject line and in the body of your message. Please be aware that not all information sharing is covered by requirements and only information on covered sharing will be included in our response.

Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information to give consumers access, in a portable and (if technically feasible) readily usable form, to the specific pieces and categories of personal information that the business has collected about the consumer, the categories of sources for that information, the business or commercial purposes for collecting the information, and the categories of third parties with which the information was shared. California residents also have the right to submit a request for deletion of information under certain circumstances. Consistent with California law, if you choose to exercise your rights, we won’t charge you different prices or provide different quality of services unless those differences are related to your information. If you are a California resident and wish to make this request, send us an email to our email address found at the end of this Policy with “CCPA Request for Privacy Data” in the subject line and in the body of your message. Please note that you must verify your identity and request before further action is taken. As a part of this process, government identification may be required. Consistent with California law, you may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government issued identification, and the authorized agent’s valid government issued identification.

We do not sell personal information to third parties. We do allow third parties to collect personal information through our Service and share personal information with third parties for the business purposes described in this Privacy Policy, including without limitation advertising and marketing on our Service and elsewhere based on users’ online activities over time and across different Services.

11. Your choices and how you can update, delete, or correct your personal information

We believe you should have the ability to access, edit, and delete the Personal Information that you have provided to us and encourage you to promptly update your Personal information if it changes. You have the choice to limit the information you provide to Symbium. Participation in promotions and marketing programs is voluntary. You may also change any of your Personal Information in your Account online at any time by:

  • Logging into your Symbium account and opting out of marketing emails or updating your notification settings.
  • Contacting us with a request to update, review, or delete Personal Information at the support email found at the end of this Privacy Policy. We may decline requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or are extremely impractical.

12. How we comply with the CAN-SPAM Act

The CAN-SPAM Act is US legislation that regulates commercial emails with strict penalties for those who send emails with materially false or misleading content or fail to provide recipients of commercial emails with an opportunity to decline them. We only collect your Personal Information for the purposes which we outlined in this Policy and we will do the following:

  • NOT use false or misleading information in the subject line or body of our emails.
  • Identify messages as advertisements by using the label “advertisement” in a conspicuous manner.
  • Monitor third party email marketing services, if one is used.
  • Provide accurate “From” fields so that users know who is sending the email.
  • Provide visible and operable unsubscribe mechanisms in all of our email marketing campaigns.
  • Honor any opt-out requests to our emails.
  • Refrain from using harvested email addresses.

You may contact us at the email below if you would like to unsubscribe from our marketing communications at any time.

13. What will happen if we change this Policy?

We may update this Policy from time to time. Use of information we collect now is subject to the Policy in effect at the time such information is used. This is how you will be notified if we make any material changes to our Policy:

  • We will deliver an email announcement to the email address associated with each user account. It is each user’s responsibility to maintain a valid e-mail address as a registered user. If a user opts out of communications from us, they may not receive these notifications, however the changes will still govern any use of the Service, and users are still responsible for checking for any changes.
  • We will post a notice on this Site and on our Applications prior to the change becoming effective.
  • We will post an updated Policy with a more recent effective date in the header.

If you continue to use our Services after changes become effective, you agree to abide by and be bound by the modified privacy policy.

14. How you can contact us

If you have any questions about this Privacy Policy, our practices, or your experience with our Site or Applications, please contacting us by email at info@symbium.com.