Last modified: May, 2024
1. Introduction
Mural Routes Incorporated (“Mural Routes”, “we”, “us”, or “our”) is a not-for-profit arts service organization in Canada dedicated to the creation, development, and promotion of public wall art. Mural Routes activates communities by facilitating the creation of responsive, collaborative murals and provides opportunities to build and advance careers in mural art. In connection with these activities, Mural Routes owns and operates the platforms as available through muralroutes.ca and muralmapofcanada.ca, including our interactive Mural Map of Canada (collectively, the “Platform”). Mural Routes also provides certain communications and services in connection with your access to and use of the Platform (collectively, the “Services”).
This Privacy Policy describes the way that we collect, use, and disclose your personal information in connection with your access to and use of the Platform and Services. We will only collect, use, and disclose your personal information in accordance with this Privacy Policy unless otherwise required by applicable law.
By accessing or using the Platform or Services, you signify your acceptance of this Privacy Policy and consent to our collection, use, and disclosure of your personal information as described in this Privacy Policy. You can withdraw your consent at any time by contacting our Privacy Officer as directed below; however, if you choose to withdraw your consent, we may not be able to provide you with access to or use of certain functionality or features of the Platform and Services.
2. Public audience
You acknowledge and agree that certain of your personal information will be displayed on the Platform to the public and can be seen by anyone who visits the Platform, including if they do not have an account or membership with the Platform. Any personal information that you share with a public audience can be seen, accessed, reshared, included in search results, and downloaded, including through third-party services such as search engines, application program interfaces, and offline media. The personal information that you provide to us is made available to a public audience in the following circumstances:
- Participation in Membership Directory. If you sign up as a member and choose to make your profile public, we may display your full name or artist/professional name, email address, phone number, and/or a personal website or portfolio as part of our membership directory on the Platform. You are able to change what information is made public through your account on the Platform.
- Participation in Mural Map of Canada. If you have submitted a mural for inclusion in the Mural Map of Canada, we will display the artist’s full name in association with the mural that you have submitted on the Mural Map of Canada, unless the artist is anonymous, the artist’s name is not available, or the artist requests that their name not be posted in association with the mural. Before submitting a mural for inclusion, you agree to obtain all required consents and permissions for us to display the artist’s full name and the mural on the Mural Map of Canada.
- Inclusion in Marketing, Promotional, and Advertising Materials. If you attend a Mural Routes event, either virtually or in person, we may take photos and videos of your participation at the event in accordance with the terms and conditions of the release and waiver agreement that you will be required to sign or otherwise accept to be eligible to attend the event. The release and waiver agreement will be presented to you when you register for the event and/or when you arrive at the event.
3. Application of this Privacy Policy
Mural Routes is subject to the Personal Information Protection and Electronic Documents Act (Canada) and applicable Canadian provincial privacy legislation. Privacy laws vary by jurisdiction. You acknowledge and agree that access to the Platform and Services are provided via the Internet and that your information, including personal information, may be: (i) transferred across provincial and national borders; and (ii) stored or processed in accordance with the terms and conditions of this Privacy Policy.
This Privacy Policy has a limited scope and application. Consequently, the rights and obligations contained in this Privacy Policy may not be consistent with privacy requirements for all jurisdictions.
4. Minors
In all cases, minors should always get the permission of their parent or legal guardian before providing any personal information to us through the Platform or Services, including in connection with the creation of an account or registering for any events operated by Mural Routes. We encourage families to discuss their household guidelines regarding the sharing of personal information online. For a minor to provide their personal information in connection with their access to or use of the Platform or Services, the minor’s parent or legal guardian must consent to the collection, use, and disclosure of the minor’s personal information in accordance with this Privacy Policy.
5. What is personal information?
For the purposes of this Privacy Policy, personal information is any information about an individual or that identifies a specific individual.
6. Changes to this Privacy Policy
Mural Routes may make changes to this Privacy Policy from time to time to reflect changes in its legal or regulatory obligations or in the manner in which we deal with your personal information. We will post any revised version of this Privacy Policy on our Platform.
If we make any material changes, we will notify you as required by law, but we encourage you to check back often for updates. Your continued use of the Platform after an update or amendment to this Privacy Policy means that you consent to the collection, use, and disclosure of your personal information as described in the updated Privacy Policy.
7. What personal information do we collect?
We collect and maintain different types of personal information in respect of the individuals with whom we interact. This personal information may include, but is not limited to:
- personal contact and identification information, such as your name, mailing address, email address, IP address, and phone number;
- account information, such as your username and password when you sign up to become a member;
- personal information that you provide to us in connection with any donation that you make to Mural Routes, excluding credit card, debit card, and payment information which is collected by our third-party payment processor directly from you;
- personal information that is related to your employment, résumé, portfolio, volunteer experience, and work history, including any personal information that you include in volunteer or employment applications or inquiries that you submit to us;
- personal information that is contained in any User Content (as defined in the Terms) that you create, submit, post, upload, publish, or otherwise make available to Mural Routes on or through the Platform;
- personal information that you include in any feedback or communication that you provide to us; and
- your image or likeness as captured in any photos or videos taken at Mural Routes virtual or in-person events that you attend.
Mural Routes may also collect information related to your visit to our Platform, including the device domain used to access our Platform, the operating system on your device, your device settings, application IDs, the type and version of your browser, crash data, other unique device identifiers, the website you came from to access our Platform, the page of our Platform you entered and exited at, any page within our Platform that is viewed by your IP address, and what country you are from. We use this information to monitor our Platform’s performance (such as number of visits, average time spent, page views, etc.) and for our business purposes (such as working to continually upgrade our Platform).
8. How do we collect personal information?
As a general rule, Mural Routes collects personal information directly from you. For example, we collect your personal information when you sign up for a membership, create an account, submit User Content (including a mural), participate in our social media groups, donate to us, complete forms or applications on our Platform, or otherwise communicate with us.
In other circumstances where personal information that we collect about you is held by a third party, we will obtain your permission before we collect this information from the third party (such permission may be given directly by you or implied by your actions). For example, if we partner with another organization to host an event, you consent to the collection of your personal information by us and our partner when you register for and/or attend the event.
9. Why do we collect and how do we use personal information?
We collect personal information to provide you with the Services that are available on and through our Platform and which enables us to manage, maintain, and develop our operations. For example, we collect personal information:
- to establish, maintain, and manage our relationship with you, including by contacting you, so that we may provide you with any services or communications that you have requested;
- if you purchase a membership, to display your full name, email address, phone number, and/or a personal website or portfolio, as part of our membership directory;
- if you submit a mural for inclusion in the Mural Map of Canada, to collect your full name and email address in association with your submission of the mural;
- to allow you to register for, access, and use the opportunities, programs, functionality, and features available on and through the Platform, including with respect to career development, workshops, symposiums, projects, sponsorships, consulting, and training;
- to allow you to participate in, subscribe to, or otherwise receive services and communications from us;
- if you inquire about volunteer or employment opportunities at Mural Routes, to assess suitability and potentially to create, maintain, and administer an employment or a volunteer relationship with you;
- to be able to comply with your requests (e.g., if you prefer to be contacted at a business or residential telephone number and advise us of your preference, we will use this information to contact you at that number);
- to understand your preferences and tailor services and communications to you and to send you information about Mural Routes and its affiliates’ portfolios, news, media coverage, events, filings, and donor matters, as applicable;
- to protect Mural Routes against error, fraud, theft, and damage to our Platform, Services, assets, or other properties;
- to conduct analysis and evaluations to understand usage and trends to improve our Platform, Services, communications, and operations;
- to enable us to comply with applicable laws or regulatory processes; and
- for any other reasonable purpose of which we may notify you or to which you consent.
By consenting to the collection, use, and disclosure of your personal information through our Platform, you allow us to fulfill the purposes for which we collect your personal information. When we collect your personal information for research, statistical, and development purposes, we ensure that any information used for our analysis and reports will be de-identified and aggregated in a manner that will not identify you. This de-identified information may be disclosed to third parties.
10. Marketing and transactional communications
We will collect your express consent prior to sending you any marketing communications, unless an exception to obtaining your opt-in consent applies under Canada’s Anti-Spam Legislation (CASL). You will have the opportunity to opt out of receiving marketing communications at any time. For clarity, by using and accessing our Platform, you agree to receive transactional communications about your account and activities on or in connection with the Platform. For example, when you create an account or reset your password, you will receive an email confirming your account details.
11. When and to whom do we disclose your personal information?
We may disclose your personal information for the purposes and in the circumstances set out below:
- To the Public Audience:
– Participation in Mural Map of Canada. Since one of the purposes of submitting a mural is to share the mural with the public on our Platform, any personal information contained within the mural will be shared and viewed by the public on our Platform. In other words, when you voluntarily disclose personal information about the artist in association with a submitted mural, you are sharing such personal information with the public. As such, you agree to obtain all required consents and permissions for us to display the artist’s full name and the mural on the Mural Map of Canada.
– Participation in Membership Directory. Since one of the purposes of the membership directory is to provide you with the opportunity to connect with and market yourself to potential clients, any personal information that you include as part of the membership directory will be shared and viewed by the public on our Platform. In other words, when you voluntarily disclose personal information for use on the membership directory, you are sharing such personal information with the public.
Please be careful and ensure that the personal information you share in connection with the Mural Map of Canada and the membership directory is material that you are comfortable with being publicly viewable, since neither you nor we can control what others do with your personal information once you share it as part of or in connection with a mural submitted to the Platform. - To Affiliates, Employees, and Service Providers. We may disclose your personal information to our affiliates and our respective employees, contractors, consultants, service providers, and other parties who require such information to assist us with managing our relationship with you, including third parties that provide services to us or on our behalf. For example, we use third-party service providers to assist us with payment processing and our marketing and advertising activities and communications. These third-party service providers may send you communications on our behalf.
- For Business Transactions. Personal information may also be disclosed or transferred to another party during the course of, or upon completion of, a change in ownership of, or the grant of a security interest in, all or a part of Mural Routes or its affiliates through, for example, an asset or share sale or some other form of business combination, merger, or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.
- For Legal Requirements. Your personal information may also be disclosed:
– as permitted or required by applicable law or regulatory requirements;
– to comply with valid legal processes, such as search warrants, subpoenas, or court orders;
– as part of Mural Routes’ regular reporting activities under applicable law to protect the rights and property of Mural Routes;
– during emergency situations or where necessary to protect the safety of a person or group of persons; and
– for any additional purposes for which we have obtained your consent to disclose your personal information.Since we may share your personal information with third parties, as described in this Privacy Policy, your personal information may be collected, used, processed, stored, or disclosed outside of your jurisdiction of residence, including in Canada and the United States. As such, your personal information may potentially be accessible to law enforcement and national security authorities of another jurisdiction where local laws provide for a different level of protection for personal information. In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security agencies in those other countries may be entitled to access your personal information.If you would like further information about our policies and practices regarding the third parties (including our service providers) with whom we disclose your personal information and how these third parties collect, use, disclose, and store personal information, please contact our Privacy Officer using the contact details below.
By providing your personal information to us, you consent to our disclosure of this information to our service providers (and other third parties) as described in this Privacy Policy, including those that may be located outside of your jurisdiction of residence.
12. How is your personal information protected?
The security of your personal information is very important to us. We use commercially reasonable physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Platform, you are responsible for keeping this password confidential. Do not share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to the Platform. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.
Please advise our Privacy Officer immediately of any incident involving the loss of, or unauthorized access to or disclosure of, personal information that is in our custody or control.
13. How long do we retain your personal information?
We don’t keep your personal information forever. We keep your personal information for as long as is reasonably necessary for us to complete our dealings with you or as may be required by law, whichever is longer.14. Accessing and correcting your personal information
It is important that the personal information we hold about you is accurate and current. You have the right to request access to and to correct the personal information that we hold about you.If you want to review, verify, correct, or withdraw consent to the collection, use, and disclosure of your personal information, you may also send an email to our Privacy Officer at privacy@muralroutes.ca to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
We may request specific information from you to: (i) help us confirm your identity and your right to access the Platform and Services; (ii) provide you with the personal information that we hold about you; and (iii) make your requested changes to your personal information. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you or which we may have destroyed, erased, or made anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons, subject to any legal or regulatory restrictions. If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer at privacy@muralroutes.ca.
15. How do we obtain your consent, and how can you withdraw it?
It is important to us that we collect, use, and disclose your personal information only when we have your consent to do so. Depending on the sensitivity of the personal information, your consent may be implied, deemed (using an opt-out mechanism), or express. We may collect, use, and disclose your personal information without your knowledge or consent where we are permitted or required to do so by applicable law or regulatory requirements.Typically, we will seek your consent at the time that we collect your personal information. In certain circumstances, your consent may be obtained after collection but prior to our use or disclosure of your personal information. If we plan to use or disclose your personal information for a purpose not previously identified (either in this Privacy Policy or separately), we will endeavour to advise you of that purpose before such use or disclosure.
You may change or withdraw your consent at any time, subject to legal or contractual obligations and reasonable notice, by contacting our Privacy Officer using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our Privacy Officer at privacy@muralroutes.ca. If you withdraw or vary your consent, we may not be able to provide you with the communications and/or services you request through our Platform. For example, if you would like to receive our communications but are not willing to provide your email address, we will not be able to fulfil your request.
16. Links to third-party websites
Our Platform may contain links to other websites that may be subject to less stringent privacy standards. These links are provided for your convenience only, and you assume all risk for clicking these links to other websites. We cannot assume any responsibility for the privacy practices, policies, or actions of the third parties that operate these websites. Mural Routes is not responsible for how such third parties collect, use, or disclose your personal information. You should review the privacy policies of these websites before providing them with personal information.17. Interpretation of this Privacy Policy
This Privacy Policy does not create or confer upon any individual any rights or impose upon Mural Routes any rights or obligations outside of, or in addition to, any rights or obligations imposed by Canada’s federal and provincial privacy laws, as applicable. Should there be, in a specific case, any inconsistency between this Privacy Policy and Canada’s federal or provincial privacy laws, as applicable, this Privacy Policy shall be interpreted, in respect of that case, to give effect to, and comply with, such privacy laws.18. Contact information
If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer in writing or by email. We will endeavour to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction. We have appointed a Privacy Officer to oversee compliance with this Privacy Policy.
The contact information for our Privacy Officer is as follows:
by email to:
privacy@muralroutes.ca
or by mail to:
Mural Routes
1859 Kingston Rd
Toronto, ON, M1N1T3
Canada