Last Updated January 31, 2023
Welcome to the Eclipse Custom Homes website ("Site"). Eclipse Construction ("Eclipse Custom Homes", "Eclipse Constructions", "Eclipse", "ECH", "we", "us", and/or "our") operates this Site to provide our users ("you" and "your") with information about Eclipse Custom Homes and its content.
Eclipse offers custom build, general contraction, residential remodeling, and commercial remodeling services ("Services") for brands who need the Services ("Clients", "Customers"). In addition to the employees at Eclipse, we are used by professional subcontractors and freelancers ("Subcontractors", "Freelancers", "Talent", "Network", "Community", "Consultants") and others who wish to offer their services to Eclipse for their projects ("Projects"). The Personal Data we receive and how we handle it may differ and will be included below.
Information That You Provide To Us
When you apply for a job on the Site, you are asking to be admitted to our Network. In order to admit you to the Network and match your qualifications with our Client's needs, we need to perform a screening process, which evaluates your domain-specific knowledge (e.g. creative and technical skills), competence, professionalism, and personality. We may also need to screen potential Talent for specific skills, as required by our Clients. In this context, you will be asked to provide information about yourself, which includes:
social network information
Once you are admitted to the Network and you are matched with a Client, we will receive, from our Clients, information regarding the performance of your services to that Client, as necessary for maintaining standards of integrity and excellence in our Network.
4.1. Information We Collect
A. Information that you provide to us
We collect Personal Data from our prospective Clients when we receive a request for our Services and/or information on our Original Content. This includes names and contact information of prospective Client’s representatives, and any information relating to the Client’s needs.
B. Information Obtained From Third Parties
We may supplement the information that we collected from you (such as your email address) with additional information about you and your company obtained from publicly available and third-party databases or services that provide information about business people and companies (including an individual’s name, job title, business contact information, and company information).
C. Automatically Collected Data
When you interact with Eclipse through the Site, we automatically collect certain information.
4.2. How We Use the Information
A. To Provide The Services And Respond To Requests
B. For Marketing Purposes
We may use your contact details to tell you about services we believe will be of interest to you, upcoming events or other promotions. If we do so, each marketing communication we send you will contain instructions permitting you to “opt out” of receiving future marketing communications. Note, however, that as a user of our services you cannot opt out of some administrative communications that are reasonably necessary to the services, such as billing or service notifications. In addition, if at any time you wish not to receive any future marketing communications or you wish to have your name deleted from our mailing lists, please contact us as indicated below.
Where required by applicable law (for example, if you are an individual in the EU), we will only send you marketing information by email if you consent to us doing so at the time you provide us with your Personal Data. When you provide us with your consent to be contacted for marketing purposes, you have the right to withdraw your consent at any time by following the instructions to “opt-out” of receiving marketing communication in each marketing email we send you or by contacting us as indicated below.
C. As Necessary For Certain Legitimate Interests
We use your Personal Data for the legitimate interests described below:
To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions, and policies.
To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
To conduct analytics on how the Site and our Service are being used by you for our internal purposes (namely for providing, maintaining, benchmarking and improving our offerings, identifying usage trends and determining the effectiveness of our promotional campaigns) and to inform our marketing strategy and personalize our communications with you (including providing information on our features and other marketing and service-related announcements relevant to the content and features you engage with).
To supplement the information that we collected from you with information obtained from third parties (described above) in order to update, expand and analyze our records, identify new Clients, and provide products and services that may be of interest to you.
To prevent fraud or criminal activity, misuses of our products or services, and ensure the security of our IT systems, architecture and networks.
To (a) comply with legal obligations and legal process, (b) respond to requests from public and government authorities including public and government authorities outside your country of residence; (c) enforce our terms and conditions; (d) protect our operations; (e) protect our rights, privacy, safety or property, and/or that of you or others; and (f) allow us to pursue available remedies or limit the damages that we may sustain.
If you ask us to delete your data and we are required to fulfil your request, to keep basic data to identify you and prevent further unwanted processing.
5. Job Applicants
5.1. Information We Collect
A. Application and assessment process
When you apply for employment, our provider of recruiting services will collect the Personal Data that you provide in your resume and cover letter. It is for you to decide what you include in these documents. However, the kinds of information you may wish to include are: your name, contact details, employment history and education.
If you are invited to undertake further assessments (such as an interview) in connection with your application and you participate in such assessments, we will collect further Personal Data that you provide to us as part of that process. The kinds of information you may disclose include information about your qualifications and information about your employment experience. You may choose to disclose salary history or salary expectations.
If you do not provide us with certain information when requested, it may impact our ability to assess your suitability for a role with us or we may not be able to make you an offer of employment.
Throughout the recruitment process, we may create Personal Data in connection with the assessment of your application. For example, we may record the views of those considering your application about your suitability for the role for which you have applied and retain interview notes.
We have a legitimate interest in facilitating the interview process and communicating offers of employment to you, making informed recruitment decisions and selecting suitable candidates for roles with us, and improving our recruiting and hiring processes.
We will retain your contact details and resume to inform you of current and future career opportunities (unless you tell us that you do not want us to keep your details for that purpose) pursuant to our legitimate interest in doing so.
B. If your application is successful
If your application is successful we will collect further Personal Data about you in connection with conducting reference and background checks where required or permitted by applicable local law (including if applicable to you special categories of Personal Data, and your consent to the collection of such additional data will be solicited at such time, pursuant to applicable laws). We will also collect copies of relevant identification documents from you (such as your passport or driving license, proof of address, a copy of your work permit (where applicable), a photograph and a copy of your signature). We use this information to comply with immigration requirements and to verify your identity for our own internal security purposes. We have a legitimate interest in collecting and using this data to comply with our legal obligations and for the performance of your employment contract with us.
If you are hired in either a staff, freelancer, and/or volunteer role, your Personal Data will be used as part of your employee record.
C. Automatically Collected Data
When you interact with Cloud 10 Studios through our Site in relation to your application, we collect automatically certain information. Please read the “Site Visitors” section below for more information.
6. Site Visitors
When you interact with Eclipse through the Site or the Services (whether as a Freelancer, as a Client, a job applicant, a blog reader, software end user, or other visitor to our Site), we and our service providers acting on our behalf will automatically collect information about you through cookies (small text files placed on your device) and other technologies.
As a visitor to our Site, our servers record information (“log data”), including information that your browser automatically sends whenever you visit the Site. This log data includes your Internet Protocol (“IP”) address (from which we understand the country you are connecting from at the time you visit the Site), browser type and settings, the date and time of your request.
Where the information that we collect automatically on our Site is Personal Data, our legal basis for the use of this information is that it is necessary for the purposes of our legitimate interests in maintaining the safe operation of our Site as well as in learning how Site visitors interact with our Site to improve your use of it.
7. Our Disclosure of Your Personal Data and Other Information
Eclipse is not in the business of selling your information. We consider this information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties, as set forth below:
As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.
Agents, Consultants and Other Service Providers
Eclipse, like many businesses, sometimes hires other companies to perform certain business-related functions. These parties include website analytics companies, providers of digital advertising services, our hosting and cloud computing service providers, providers of CRM, marketing and sales software solutions, providers of billing and processing payments functions, providers of background check services. When we employ another company to perform a function of this nature, we only provide them with the information that they need to perform their specific function. Pursuant to our instructions, these parties may access, process or store Personal Data in the course of performing their duties to us and solely in order to perform the services we have hired them to provide.
Eclipse may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Eclipse, (iii) act in urgent circumstances to protect the personal safety of users of the Site or the public, or (iv) protect against legal liability.
8. EU Individuals
Eclipse is the data controller for processing your Personal Data. The data controller is responsible for deciding how Personal Data about you is used. Please see the “Contacting Toptal” section below to find out how to contact us, which also provides the contact details of our representative in the EU for purposes of the General Data Protection Regulation.
Subject to applicable EU law, you have the following rights in relation to your Personal Data:
Right of access. If you ask us, we will confirm whether we are processing your Personal Data and, if so, provide you with a copy of that Personal Data along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
Right to rectification. If your Personal Data is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your Personal Data with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
Right to erasure. You may ask us to delete or remove your Personal Data, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data with so you can contact them directly.
Right to restrict processing. You may ask us to restrict or ‘block’ the processing of your Personal Data in certain circumstances, such as where you contest the accuracy of the data or object to us processing it. We will tell you before we lift any restriction on processing. If we shared your Personal Data with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your Personal Data so you can contact them directly.
Right to data portability. You have the right to obtain your Personal Data from us that you consented to give us or that was provided to us as necessary in connection with our contract with you. We will give you your Personal Data in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
Right to object. You may ask us at any time to stop processing your Personal Data, and we will do so: (1) If we are relying on a legitimate interest to process your Personal Data – unless we demonstrate compelling legitimate grounds for the processing or (2) If we are processing your Personal Data for direct marketing.
Rights in relation to automated decision-making and profiling. You have the right to be free from decisions based solely on automated processing of your Personal Data, including profiling, which produce a significant legal effect on you, unless such profiling is necessary for entering into, or the performance of, a contract between you and us, or with your explicit consent. We are not currently processing your Personal Data for such type of automated decision-making, including profiling, but if we elect to do so in the future we will provide you with notice and choice, in accordance with EU data protection law.
Right to withdraw consent. If we rely on your consent to process your Personal Data, you have the right to withdraw that consent at any time, but this will not affect any processing of your data that has already taken place.
Right to lodge a complaint with the data protection authority. If you have a concern about our privacy practices, including the way we handled your Personal Data, you can report it to the data protection authority that is authorized to hear those concerns.
You may exercise your rights by contacting us as indicated under “Contacting Eclipse Custom Homes” section below.
Our policy is to keep your Personal Data only for as long as is reasonably necessary to fulfil the purposes for which it was collected and processed, including for the purposes of satisfying any legal, regulatory, accounting or reporting requirements. If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.
To determine the appropriate retention period for your Personal Data, we will consider the amount, nature, and sensitivity of the Personal Data, the potential risk of harm from unauthorized use or disclosure of your Personal Data, the purposes for which we use your Personal Data and whether we can achieve those purposes through other means, and the applicable legal requirements. In some circumstances we may anonymize your Personal Data so that it can no longer be associated with you, in which case it is no longer Personal Data.
9. Your Choices
You can use the Site without providing any Personal Data. If you choose not to provide any Personal Data, you many not be able to use certain services.
Eclipse takes reasonable and appropriate steps to protect the Personal Data provided via the Site or the services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet, email or other electronic transmission is ever fully secure or error free, so you should take special care in deciding what information you send to us in this way.
14. Contacting Eclipse Custom Homes
1333 Dublin Street
Grapevine, Texas 76051