Terms of Use + Privacy Policy

By accessing or using motharch.com (“website” or “site”), you agree to be bound by these Terms of Use + Privacy Policy. If you are accessing or using this website on behalf of an entity or business, you represent and warrant that you have the authority to bind such entity or business to these Terms of Use. All use of the website is subject to the terms and conditions as set forth below. 

All materials contained on the website, including all text and images, are copyrighted © 2024 MOTH ARCHITECTS Co., and protected worldwide by applicable copyright laws and treaty provisions. They may not be published, reproduced, copied, modified, uploaded, transmitted, posted, or distributed in any way, without the prior written consent of MOTH ARCHITECTS Co. (“MA”). The materials on the website are provided for informational purposes only and are provided “as is” and “as available.” MA does not provide any express or implied representation or warranty of any kind. You understand and acknowledge that your sole and exclusive remedy with respect to any defect in, or dissatisfaction with, the website is to cease using the website. 

Illustrations, photographs, computer drawings, etc. may be the property of MA, or illustrators and photographers hired by MA, its clients and/or suppliers, and are used on the website in accordance with individual agreements. MA does not grant any express or implied right to you under any license, copyrights, patents, trademarks or trade secret information. Use of any image (photograph, illustration, computer rendering, etc.) from the website requires written permission from MA and/or any other party, as appropriate. 

The website may contain links to third-party websites. We do not author, edit, or monitor these other sites. MA has no responsibility for the protection of personal information on other sites, for the accuracy or availability of information provided on other sites, that MA does not control or endorse the content, products, advertising, or other materials presented on these other sites, and you release MA from any claims arising out of or in any way connected with any dispute you may have with another site. 

Under no circumstances shall MA, its subsidiaries, or its respective officers, directors, agents, employees and partners be responsible or liable for any direct, undirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to the website, the Services available on the site or information contained within the site, even if it has been advised of the possibility of such damages. 

If you violate any of these Terms of Use or if you misuse this website, you agree to defend, indemnify and hold harmless MA, its officers, directors, partners, employees, agents and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse.

These Terms of Use are governed by and construed in accordance with the laws of the State of Illinois. By using this website, you agree that the State or Federal courts in Chicago, Illinois, United States, shall have exclusive jurisdiction and venue to hear any dispute arising out the content or use of this website, and agree not to bring any action or proceeding in any other venue. The failure to exercise or enforce any right or provision in these Terms of Use by MA shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

The information contained in any communication from a website user may be confidential, is intended only for the use of the recipient(s), and may be legally privileged. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited and may be unlawful. If you have received a communication in error, please notify the sender immediately and delete the original message as well as any copy from your computer system. 

Visitors and users of the website agree that they:

  • Will comply with all laws, regulations and will not use the site for fraudulent or unlawful purposes;

  • Will respect the rights and dignity of others, and will not use the website to defame, abuse, harass, stalk, threaten, or otherwise engage in objectionable behavior;

  • Will not restrict or inhibit anyone else from using the site;

  • Will not impersonate any person or entity, misrepresent your affiliation with any person or entity in connection with the website, or express or imply that MA endorses any statement you make;

  • Will not reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the website;

  • Will not infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;

  • Will not remove any copyright, trademark or other proprietary rights notice from the website or its contents;

  • Will not disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  • Will not collect or store personal data of other users of the site;

  • Will not frame, mirror or link to any part of the site without express prior written consent; and

  • Will not transmit or otherwise make available in connection with the website any virus, worm, Trojan horse, spyware, or other computer code, file, or program that is harmful or invasive or that may be or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment.

  • For comments or inquiries, please contact: jean@motharch.com  

Marketing Privacy Policy

I. Introduction

This privacy policy relates to your use of our website and any online platforms such as social media, as well as electronic (email or telephone) and in-person communications. Please note that our website may link to third-party sites. Please familiarize yourself with the privacy policies that govern your use of such sites to ensure that you understand how your personal data is processed on such sites.

We take your privacy very seriously and we ask that you read this policy carefully as it contains important information on:

  • the personal information we collect about you;

  • what we, and MOTH ARCHITECTS Co., do with your information; and

  • who your information might be shared with.

II. Information which we may collect about you

We collect personal information about you when you contact us via our website.

We may collect the following personal information:

  • full name;

  • associated organization or institution;

  • email address;

  • machine identifiers (such as IP addresses);

  • behavioral data (see ‘Cookies and Tracking’ section below); and

  • any other contact information you voluntarily provide (for example in your correspondence with us through our ‘Contact Us’ page).

III. Our approach to information security

MOTH ARCHITECTS Co. has policies and procedures in place to make sure that only authorized personnel can access the information, that information is handled and stored in a secure and sensible manner and all systems that can access the information have the necessary security measures in place. To accomplish this, all employees, contractors and sub-contractors have roles and responsibilities defined in those policies and procedures.

To make sure all of our employees understand these responsibilities, they are provided with the necessary training and resources. In addition to these operational measures, we also use a range of technologies and security systems to reinforce the policies. Audits to identify areas of non-compliance are routinely scheduled. Additionally, all areas of the organization are regularly monitored and measured to identify problems and issues before they arise.

The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. It is possible that we might be forced to disclose your personally identifiable information in response to legal process or when we believe in good faith such disclosure is required by law, such as in response to a court order, a law enforcement agency request, in response to a subpoena, or in response to an administrative agency’s request.

IV. How we use your information

We will collect your personal information for the following purposes:

  • to identify you and manage any of your inquiries submitted by you via our contact form;

  • for marketing purposes; and

  • to detect and prevent fraud.

V. Expectations

We strive to meet the following expectation for site visitors and users:

Accessing information we hold about you

At any point you can contact us to request that the information we hold about you, as well as why we have that information, who has access to the information and where we got the information. Once we have received your request, we will respond within 30 days.

Correcting and updating the information we hold about you

If the data we hold about you is out of date, incomplete or incorrect, you can inform us and we will ensure that it is updated.

Erasing your information

If you feel that we should no longer be using your data or that we are using your data inappropriately, you can request that we erase the data we hold. When we receive your request, we will confirm whether the data has been deleted or tell you the reason why it cannot be deleted.

Objecting to processing of your data

You can request that we stop processing your data. Upon receiving the request, we will contact you to tell you if we are able to comply or if we have legitimate grounds to continue. If data is no longer processed, we may continue to hold your data to comply with your other rights.

Asking us to stop contacting you with direct marketing

You can request that we stop contacting you with direct marketing. In order to process your request, we may need to verify your identity for your security.

Data portability

You can request that we transfer your data to another controller. Once we have received your request, we will comply where it is feasible to do so.

Consent

In those cases where we need your consent to hold your information, we will ask you to check a box on any form requiring consent. By checking these boxes, you are stating that you have been informed as to why MA is collecting the information, how it will be used, for how long it will be kept, who else will have access to it and what your rights are as a data subject.

If you have any questions about our privacy policy and procedures, or wish to make a complaint, please contact jean@motharch.com

VI. Marketing

This section sets out how we process your personal data for marketing purposes.

We may periodically send promotional emails about our services or other information which we think you may find interesting using the name and email address that you provided via the website inquiry form, or that you have otherwise provided to a member of MA. In this context, from time to time, we may use your information to contact you for marketing purposes by email. Please note that we will keep a record of your request to unsubscribe from our marketing material to ensure we do not market to you in the future.

MA may pass your details to third-parties where this is necessary for the administration of our marketing. For example, see references to MailChimp and Constant Contact in the ‘Sharing Your Information’ section below.

VII. Sharing your information

MA may pass personal data collected to third-parties where this is necessary for the functioning of our website or for marketing purposes. These third-parties include:

  • Google Analytics / Facebook Pixel

We work with Google and Facebook to automatically collect information including, but not limited to: IP address; MAC (Media Access Control) address; unique identifier or other persistent or non-persistent device identifier; device software platform and firmware, mobile phone carrier and geo location data to help us understand your use of our website such as how often you return, what parts of the website you visit, how you use the website and how long you spend on the website. These third-party providers are prohibited from using our data for any other purposes. Go to http://www.google.com/analytics/terms/us.html to read Google Analytics Privacy Policy and https://www.facebook.com/privacy/explanation to read Facebook’s Privacy Policy. We use the data we collect about your use of our website to analyze trends across the data set of all customers worldwide, and to enable us to offer a better service to you.

  • SurveyMonkey, Mailchimp and Constant Contact

For marketing purposes and to stay in touch with you, we may sometimes use third-party automated email distribution providers such as SurveyMonkey, MailChimp and Constant Contact. We will only add you to a marketing distribution list if we have the legal basis to send you marketing material (see ‘Marketing’ section above). All personal data uploaded to these platforms is protected and will not be shared with further parties.

VIII. Cookies and Tracking

Use of cookies

A cookie is a small text file which is placed onto your computer (or other electronic device) when you access our website. We use cookies on this website to:

  • recognize you whenever you visit this website;

  • obtain information about your preferences, online movements and use of the internet;

  • carry out research and statistical analysis to help improve our content, products and services and to help us better understand our customer requirements and interests;

  • target our marketing and advertising campaigns more effectively by providing interest-based advertisements that are personalized to your interests; and

  • make your online experience more efficient and enjoyable.

Cookies do not expire unless you manually delete them or set your browser to reject them.  If you choose not to accept cookies, you may have trouble navigating our website.

IX. Changes to this policy

We may change this policy from time to time. You should check this policy occasionally to ensure that you are aware of the most recent version that will apply each time you access the website.

This privacy policy was last modified on October 1st, 2024.