Update November 15, 2021

PRIVACY POLICY

TSB The Smartest Builder Inc. d.b.a. The Smartest Builder, a corporation with a registered address at 1383 West 8th Avenue, Vancouver, B.C. Canada (“TSB” “us” or “we”), owns and operates the smartestbuilder.com website (the “Website”). The Website collects Personal Data, as defined below, from its users. This Privacy Policy discloses the privacy practices for the Website, as well as related products and services we may offer to you (collectively referred to as the “Services”). The term “you” or “User” refers to any purchaser or user of any of our Services.

The Privacy Policy stated is designed to be read in connection with our Terms and Conditions, and by accessing our Services, you agree to be bound by the Terms and Conditions, as well as this Privacy Policy. In this Privacy Policy, we detail our privacy practices and how we collect information, including your rights as Users. Unless otherwise defined or the context otherwise dictates, any undefined capitalized terms shall have the meanings given to them by the Terms and Conditions.

We reserve the right to modify or update this Privacy Policy at any time. We will notify you about significant changes by placing a notification on our Website, and by updating the privacy information on this page. Your continued use of the Services, or any part thereof, after such modifications will constitute your: (i) acknowledgment of the modified Policy; and (ii) your agreement to abide and be bound by that Policy.

IMPORTANT: BY USING THE SITE AND/OR SERVICES AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

Notice to Non-Canadian Individuals: This Privacy Policy is intended to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the “GDPR”) and provide appropriate protection and care with respect to the treatment of your user information in accordance with the GDPR. Furthermore, we have included in this Policy certain provisions applicable to residents of the State of California. Notwithstanding the foregoing, and any other provision in this Policy, while we make best efforts to comply with the various international regulations and legislation applicable to all of our Users around the world, you acknowledge and agree that the Website and Services are provided by a Canadian company. If you are not a Canadian resident, your use of this Website at is at your own risk.

Website Owner and Data Controller:  TSB The Smartest Builder Inc. d.b.a. The Smartest Builder

Contact Email: privacy@smartestbuilder.com

TYPES OF DATA COLLECTED

In order to better provide you with the Website and Services, we may collect two types of information about our users: Personally Identifiable Information (“Personal Data”) and Aggregate Information.

Personal Data: This refers to information that lets us know the specifics of who you are. When you engage in certain activities on this Website such as purchasing products, sending us feedback, signing up for newsletters, or participating in surveys on the Website, we may ask you to provide certain information about yourself. Examples of Personal Data may include your first and last name, email address, mailing address including postal code or zip code, telephone, profession, pictures, and other identifying information.

Please be aware that any information you post on the Website may be monitored or captured by anyone who visits the Website, therefore we strongly urge you to avoid posting any personal or sensitive information that you do not want made public.

Aggregate Information: This refers to information that does not by itself identify a specific individual. We gather certain information about you based upon where you visit on our Website and what other sites may have directed you to us. This information, which is collected in a variety of different ways, is compiled and analyzed on both a personal and an aggregated basis. This information may include the website’s Uniform Resource Locator (“URL”) that points to the site you just came from, which URL you go to after visiting our Website, what browser you are using, usage data, data communicated while using the Website and Services, and your Internet Protocol (“IP”) address.

Third-Party Analytics: We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Website and mobile and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of your Personal Data by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of any such service, you may not be able to use the full functionality of the Website.

Unless specified otherwise, all data requested by the Website is mandatory and failure to provide this data may make it impossible for the Website to provide its Services. In cases where the Website specifically states that some data is not mandatory, Users are free not to communicate this data without consequences to the availability or the functioning of the Services. Users who are uncertain about which Personal Data is mandatory are welcome to contact us.

Users are responsible for any third-party Personal Data obtained, published, or shared through the Website and confirm that they have the third party’s consent to provide the data to us.

HOW WE COLLECT AND USE DATA

We do not collect any Personal Data about you unless you voluntarily provide it to us. However, you may be required to provide certain Personal Data to us when you elect to use the Services. These may include: (i) making purchases; (ii) signing up for special offers from selected third parties; (iii) sending us an email message; or (iv) submitting a form or transmitting other information by telephone or letter.

We will primarily use your Personal Data to provide product or service offerings to you. We will also use certain forms of Personal Data to enhance the operation of our Website, improve our internal marketing and promotional efforts, statistically analyze Website use, improve our product and service offerings, and customize our Website’s content, layout, and services. We may use Personal Data to deliver information to you and to contact you regarding administrative notices. Finally, we may use your Personal Data to resolve disputes, troubleshoot problems and enforce our agreements with you, including our Terms and Conditions, and this Privacy Policy.

We may also collect, or our third-party advertising partners may collect, certain Aggregate Information. For example, we may use your IP address to diagnose problems with our servers, to administer our Website and to gather demographic information. Our third-party advertising partners may also provide us with aggregate, but not individual, reports that will tell us how many ads were presented and clicked upon at out Website.

Notice to EU Individuals: As outlined in this Privacy Policy, we will not process your user information without a lawful basis to do so, as such bases are defined in Article 6 of the GDPR. In general, we will process your user information on the legal bases of consent, contract (if you have entered into an agreement with us and such processing is a necessary part thereof), or legal obligation (as noted above). We may also process certain User information on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: delivering and continuing to develop and improve the Website, learning from your behavior on the Website (e.g., analyzing traffic) to better serve you and other Users, helping us modify or enhance the Website and its content, receiving insight as to what users do (and don’t) like about our Website or aspects thereof, and providing a stable, consistent, and secure user experience in connection with the Website.

SHARING DATA

Our service providers such as vendors and consultants, may need to carry out specific work requests on our behalf, therefore such providers may receive access to particular information we collect through the Website. Please note that all parties involved are required to practice confidentiality and are prohibited from using any Personal Data collected from the Website for any unintended purpose.

COOKIES

Any use of cookies – or of other tracking tools – by the Website or by the owners of third-party services used by the Website serves the purpose of providing the Services required by the User, in addition to any other purposes described in this Policy or any other policy we may publish on the Website from time to time.

What are Cookies: Cookies are small pieces of data stored in text files that are saved on your computer or other devices when websites are loaded in a browser. They are widely used to remember you and your preferences, either for a single visit or for multiple repeat visits.

Cookies may be set by the Website, or by third parties, such as those who serve content or provide advertising or analytics services on the Website. These third parties can recognize you when you visit the Website and also when you visit certain other websites.

Cookie Options: you can change your browser’s settings to delete cookies that have already been set and to not accept new cookies. Note if you delete cookies or do not accept them, you might not be able to use all of the features our Website and Services offer.

LINKS TO OTHER SITES

This Website may provide links to other websites that are controlled by third parties. We are not responsible for any of the content, user terms, or privacy policies for websites that we do not own or control.

DATA RETENTION

We will not retain Personal Data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

Therefore:

• Personal Data collected for purposes related to the performance of a contract between us and the User shall be retained until such contract has been fully performed.

• Personal Data collected for the purposes of our legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by us within the relevant sections of this document or by contacting us.

We may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, we may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority.

Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period.

UNSUBSCRIBE

At any point, you may unsubscribe from a specific newsletter. To do so, click the “unsubscribe” link at the bottom of the email newsletter.

DATA SECURITY

We employ a number of physical, electronic, and procedural safeguards to protect Personal Data. Our secure servers and our data centers are protected by industry-standard encryption, and our servers reside behind firewalls and employ high-level password protection. However, it is not possible to guarantee the security of information transmitted online and you assume a certain level of risk in regard to the security of information you provide through this Website or any other website.

LEGAL ACTION

The User’s Personal Data may be used for legal purposes by us in court or in the stages leading to possible legal action arising from improper use of the Website or the related Services. We may also be required by law enforcement or judicial authorities to provide Personal Data to the appropriate governmental authorities. In such cases, we will disclose Personal Data upon receipt of a court order, subpoena, or to cooperate with a law enforcement investigation. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful.

LEGAL BASIS OF PROCESSING

We may process Personal Data relating to Users if one of the following applies:

• Users have given their consent for one or more specific purposes. Note: Under some legislation, we may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law;

• provision of Personal Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof;

• processing is necessary for compliance with a legal obligation to which we are subject;

• processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in us;

• processing is necessary for the purposes of the legitimate interests pursued by us or by a third party.

In any case, we will help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

PLACE

The Personal Data is processed at our operating offices and in any other places where the parties involved in the processing are located.

Depending on the User’s location, data transfers may involve transferring the User’s Personal Data to a country other than their own where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside of Canada and choose to use the Website, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in Canada, and elsewhere.

Users are also entitled to learn about the legal basis of Personal Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by us to safeguard their Personal Data.

If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with us using the information provided in the contact section.

To ensure adequate protection of personal data of the European Economic Area (the “EEA”), any transfers of such data outside of the EEA will be pursuant to the Model Clauses approved by the European Commission. We are committed to resolve complaints about your privacy and our collection or use of your personal information. We encourage anyone with inquiries or complaints regarding this privacy policy should first contact us.

PRIVACY OF CHILDREN

The Site is intended for people who are at least 18 years of age. We will not knowingly collect Personal Data from any child under the age of 13. We ask that minors (under the age of 18) not use the Website or Services. If a child under the age of 13 has provided us with Personal Data, a parent or guardian of that child may contact us and request that such information be deleted from our records and termination of the corresponding account.

CALIFORNIA PRIVACY RIGHTS

Under California Civil Code Section 1798.83, California residents who have an established business relationship with us may choose to opt out of our sharing their contact information with third parties for direct marketing purposes. If you are a California resident and you wish to opt out, please send an e-mail to privacy@smartestbuilder.com and please allow us 30 days to process your request.

If you are a California resident under the age of 18, and a registered user of the Services, California Business and Professions Code Section 22581 permits you to request and obtain removal of content or information you have publicly posted. To make such a request, please send an email with a detailed description of the specific content or information to privacy@smartestbuilder.com. Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you have posted and that there may be circumstances in which the law does not require or allow removal even if requested.

THE RIGHTS OF USERS

Users may exercise certain rights regarding their Personal Data processed by us.

In particular, Users have the right to do the following:

• Withdraw their consent at any time. Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data.

• Object to processing of their Personal Data. Users have the right to object to the processing of their Personal Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below.

• Access their Personal Data. Users have the right to learn if their Personal Data is being processed by us, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Personal Data undergoing processing.

• Verify and seek rectification. Users have the right to verify the accuracy of their Personal Data and ask for it to be updated or corrected.

• Restrict the processing of their Personal Data. Users have the right, under certain circumstances, to restrict the processing of their Personal Data. In this case, we will not process their Personal Data for any purpose other than storing it.

• Have their Personal Data deleted or otherwise removed. Users have the right, under certain circumstances, to obtain the erasure of their Personal Data by us.

• Receive their Personal Data and have it transferred to another controller. Users have the right to receive their Personal Data in a structured, commonly used and machine-readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Personal Data is processed by automated means and that the processing is based on the User’s consent, on a contract which the User is part of or on pre-contractual obligations thereof.

• Lodge a complaint. Users have the right to bring a claim before their competent data protection authority.

You should be aware, however, that it is not always possible to completely remove or modify information in our databases. Some information, such as past transactions, logs of technical support calls, or other information may not be deleted. In addition, it may be impossible to completely delete your information without some residual information because of backups.

HOW TO EXERCISE THESE RIGHTS

Any requests to exercise User rights can be directed to us through the contact details provided in this Policy. These requests can be exercised free of charge and will be addressed by us as early as possible and always within one month.

CHANGES TO THIS PRIVACY POLICY

We reserve the right to make changes to this Privacy Policy at any time by giving notice to its Users on this page and possibly within the Website and/or – as far as technically and legally feasible – sending a notice to Users via any contact information available to us. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom.

Should the changes affect processing activities performed on the basis of the User’s consent, we shall collect new consent from the User, where required.

CONTACT US

For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@smartestbuilder.com.

Effective as of June 1, 2021