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PRIVACY POLICY

 

This Privacy Policy was last revised on October 21, 2021.


This Privacy Policy (“Privacy Policy”) applies to the websites, mobile applications, products, and services controlled by Off Market App, LLC. (“Off Market,” “we,” “us” and “our”). By accessing or using our website(s) or our mobile application (collectively, the “Sites”), you agree and intend to be legally bound by this Privacy Policy and our Terms of Use, including any changes that may be posted on the Sites from time to time, as detailed below. You should not use the Sites if you have any objections to our Privacy Policy or Terms of Use. 


Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.


Types of Personal information We Collect

The types of information we collect when you use the Sites depends on the features you use on the Sites. “Personal information” is information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual, device, or household. We will handle your personal information in accordance with this Privacy Policy and describe the information collected below:

 

  • Identifiers, which may include name, address, online identifier or username, Internet Protocol address, email address, telephone number, or account name. These are sourced directly from you or indirectly from you (e.g., from observing your actions on the Sites). They are used to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, for marketing, to respond to an inquiry, for product and service improvement, or to fulfill or process a transaction or match. For example, when you create an account, you provide your first and last name, email address, and other identifying information. We disclose this information for business purposes to internet service providers, administrative service providers, and customer care, analytics and advertising providers.

  • Personal information categories contained in customer records, which may include name, address, telephone number, and information regarding your real estate property, such as number of bedrooms and bathrooms, square footage, amenities, and other real estate property characteristics. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, for marketing, to respond to an inquiry, or to fulfill or process a transaction or match. We disclose this information for business purposes to internet service providers, administrative service providers, and customer care, analytics and advertising providers.

  • Commercial information, which may include records of services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, and to respond to an inquiry or to fulfill or process a transaction or match. For example, we keep track of your matches to create a match history. We disclose this information for business purposes to internet service providers, administrative service providers, and customer care, analytics and advertising providers.

  • Internet, technical or other similar network activity, which may include usage and browsing history; device information, including device properties; signal information, such as bluetooth and WiFi access points; network connection information, such as time zone; search history; information on your interaction with our Sites; and error logs. We source this information directly or indirectly from you (e.g., from observing your actions on our Sites). We use this information to fulfill or meet the reason you provided the information, or to improve our Sites. We disclose this information for business purposes to administrative service providers, data analytics providers, and internet service providers. See below in the “Cookies, Web Beacons, and Similar Technologies & Third-Party Advertising” section for more information on the types of information we collect, how it is used, and how to opt-out.

  • Geolocation data, which may include physical location or movements. We source this information directly from you when you approve geolocation tracking on your settings. We use this information to fulfill or meet the reason you provided the information, or to improve our Sites. We disclose this information for business purposes to internet service providers.

  • Inferences drawn from other personal information, which may include a profile reflecting a person’s preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We source this information directly or indirectly from you, (e.g., from observing your actions on our Sites). We use this information to fulfill or meet the reason you provided the information. We disclose this information to administrative service providers and data analytics providers.

 

Your decision to provide any personal information is voluntary. However, please note that, if you do not provide certain personal information, we may not be able to accomplish some purposes outlined in this Privacy Policy and you may not be able to use or access certain services on our Sites.


Cookies, Web Beacons, and Similar Technologies & Third-Party Advertising
One particular way that we collect information is passively through cookies, web beacons, and other similar technologies. Cookies are small text files placed on your device that uniquely identify your device, and web beacons are small pieces of information that are embedded in images in the pages of websites. Please check your browser and browser settings to determine where these types of cookies are stored and whether and how they may be deleted. The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit www.networkadvertising.org to learn more and to opt-out, if desired. In any event, if you reject our cookies, you may still use the Sites, but you may be limited in some of the features. We may also work with service providers that use cookies and web beacons to collect information, and to serve advertisements to you across the Internet based on that information.

  • Google Analytics. To help facilitate the delivery of relevant content, we use Google Analytics. Google Analytics uses cookies to report on user interactions on our and others’ websites. We use the data collected for optimizing marketing, refining advertising and/or programming strategies, and generally improving user experience. For more information about Google Analytics and how it collects and processes data, please visit: https://policies.google.com/technologies/partner-sites and instructions on opting out of Google Analytics using a specific plug-in is available at the following link: https://tools.google.com/dlpage/gaoptout. Note that this opt-out is specific to Google activities and does not affect the activities of other ad networks or analytics providers that we may use.

  • Facebook Analytics. We use Facebook Analytics to measure your use of our Sites, tailor our Sites to your interests, and improve our products and services. Please note, Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at Facebook.com/about/privacy/. Please click here if you would like to withdraw your consent.

 

Collection and Use of Information from Children Under the Age of 13
The Sites are not intended for use by persons under the age of 13. We do not knowingly collect information from visitors under the age of 13 and, in the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information.


How We Protect Information

  • Steps we take to keep your information secure. We utilize third party security infrastructure (website/application hosting, database management, cloud servers) that is consistent with commercially reasonable practices in the United States. We have implemented technical and organizational measures that we believe will ensure a level of data security appropriate to the risk and severity of disclosure, taking into account the state of the art in the United States, the costs of implementation and the stage of our company, and the nature, scope, context and purpose of our obtaining and using your information. We provide access security solely by providing you with access to and use of the Sites through a combination of usernames and passwords. We also may use automated and social measures to enhance security, such as analyzing account behavior for fraudulent or otherwise anomalous behavior, may limit use of site features in response to possible signs of abuse, may remove inappropriate content or links to illegal content, and may suspend or disable accounts for violations of our Terms of Use. But you should keep in mind that no internet transmission is ever completely secure or error-free.

  • Risks inherent in sharing information. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Sites, including personal information, will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on the Sites or that we use or have implemented.

  • Public Posting Areas. Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

 

You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
 

You understand that the Sites and your data may be compromised. While the Sites use industry standard systems to support the Sites, like any technology, the Sites may fail to function, become inoperative or inaccessible, produce errors, or lose, compromise, corrupt or inaccurately report data. We make no warranties with respect to the Sites or its performance or security.
 

You understand that the Sites may experience a security intrusion or data breach. As above, while the Sites use industry standard systems to secure the Sites and your data, like any technology, the Sites may experience a security intrusion or data breach. If we learn of a data security systems breach we may attempt to notify you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice on the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach.
 

How We Share and Use Your Information
We may utilize information that does not personally identify you in order to personalize the Sites for our users. We do not sell or share your personal information with advertisers or with third parties for their direct marketing purposes.

 

  • To generate market research. We do not sell or share your personal information. However, we may use information that is not personally identifying (so long as it has been disconnected from your unique personal information) without limitations or restrictions, for any purpose, even after you delete your account. These purposes may include, among others, producing market research reports or providing dashboard database access for third party market research.

  • To offer joint services. We may provide services or offers jointly with other companies or organizations. We may share your information to facilitate that service or those offers. However, we will identify the partner and present the joint service provider’s privacy policy to you before you use that service.

  • To work with our service providers. We may share your information with service providers who are working with us in connection with the operation of the Sites. These service providers may have access to your private and public personal information only to perform services on our behalf and will be obligated not to disclose it or use it for any other purposes.

  • To manage or promote the service. We use information we collect (including the information you provide, such as personal information, information provided publicly and passively collected anonymous information) to provide the services and features of the Sites to you and to administer the Sites. This includes to analyze, measure, improve, market, promote and customize the Sites, as well as to prevent potentially illegal activities, detect and address anomalous activity and screen content to prevent abuse, and to enforce our Terms of Use (using a variety of technological systems). We may also use this information to promote the Sites and for our business development. We may use service providers to help process this information for these purposes. 

  • To contact you. We may contact you with service-related announcements, marketing communications, promotions and other information. We may include personal information and content you see on the Sites in the communications we send to you.

  • Where necessary for operational maintenance. We may use information about you for any other purpose that we determine in our reasonable discretion is necessary or appropriate in connection with the operation of the Sites, including maintaining, termination or transferring accounts, enabling or restricting access to accounts or ensuring compliance with our policies or applicable legal requirements. We will share your information with third parties when we believe the sharing is permitted by you or is reasonably necessary in connection with the operation of the Sites or when legally required to do so.

  • To respond to legal requests and prevent harm. We may disclose information pursuant to subpoenas, court orders, or other requests (including criminal and civil matters) if we have a good faith belief that the response is required by law. We may also share information when we have a good faith belief it is necessary to prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Use. This may include sharing information with other companies, lawyers, courts or other government entities.

  • In the event of an assignment, merger, or other reorganization. We may share or transfer your information in the course of any direct or indirect reorganization process including, but not limited to, mergers, acquisitions, divestitures, bankruptcies, and sales of all or a part of our assets. Your information may be shared following completion of such transaction and/or during the assessment process pending transfer. If transferred in such a case, your information would remain subject to this Privacy Policy or a privacy policy that, at a minimum, protects your privacy to an equal degree as this Privacy Policy.

 

Rights to Content
The content of any information that is not personal information, such as any suggestions or ideas you provide to us, becomes our property for any use we may determine, without any notice or compensation to the author. Our policies regarding such content are addressed in our Terms of Use.


How You Can Change or Remove Information
You may change or remove your profile information at any time through the Sites. When we delete your account, this means we delete all personal information, but we do NOT delete information that is not personally identifying. By using the Sites, you agree that we may keep this information permanently. Even after you remove information from your profile or delete your account, copies of that information may remain viewable on the Sites and elsewhere to the extent it has been shared publicly or with others. Additionally, we may retain certain information to prevent identity theft and other misconduct even if deletion has been requested. We may retain backup copies of removed and deleted information and may use such information for the purposes described in and in accordance with this Privacy Policy.


Your California Privacy Rights
If you are a California resident, you may be entitled to the below rights:

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  • the right to know. You may request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the sale or disclosure for business purposes of your personal information to third parties, and the categories of third parties with whom this information was shared. You may also request a copy of the personal information we have collected, and upon request, we will provide this information to you in electronic form;

  • the right to opt out of the sale of your personal information to third parties. We do not sell your personal information at this time, and we do not sell the personal information of children under 16 years old;

  • the right to request deletion of your personal information, subject to certain legal exceptions; and

  • the right to not be discriminated against for exercising any of the rights mentioned above. This includes not being discriminated against for financial incentives, which we may offer from time to time. The terms of the financial incentive will be provided at the time you sign up for the financial incentive. You may withdraw from any of the financial incentives. We have calculated the value of the financial incentive by using the expense related to the offer, and the value of your data is the value of the offer presented to you.

 

You can exercise your rights by contacting us using the details set out in the “Contact Us” section below. If we cannot verify your identity from the information already maintained by us, we may request additional information. You may designate an authorized agent to make a request on your behalf. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.


How We Respond To Do Not Track Signals
The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize DNT signals and do not respond to them.


Links
This Privacy Policy does not apply to websites linked to/from or using the Sites or to entities or applications that the Sites do not own or control. The Sites are not affiliated with and does not endorse content, items or services of those websites or third-parties. When you click on links on the Sites, you may leave our Sites. We are not responsible for the privacy practices of other sites, and we encourage you to read their privacy statements. We have no responsibility or liability for the availability of such external websites, or for the privacy, use, storage or transfer of your information or the content, advertising, products, or other materials shared by you or available through such websites.


Choice of Law and Arbitration
By using the Sites, you and Off Market agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of them, except for disputes that qualify for small claims court (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

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Both you and Off Market agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. 


All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as amended by this agreement to arbitrate, before one arbitrator to be mutually agreed upon by both parties. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances; provided, however, that, upon request by you, JAMS may hold an in-person hearing in your hometown area.


The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable. The arbitrator shall issue a written statement with the disposition of each claim and a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.


This Privacy Policy will be governed by and construed under the laws of the United States (including federal arbitration law) and the Commonwealth of Virginia, without regard to conflicts of law principles.


Accessing Our Sites From Outside Of The United States
If you are visiting our Sites from a location outside of the U.S., your connection may be through and to servers located in the U.S. Any information you provide during your visit will be processed and maintained on our server and other internal systems located within the U.S. You acknowledge you understand that by providing your personal information to us, your personal information (i) will be used for the uses identified above in accordance with this Privacy Policy, and (ii) may be transferred to the U.S. as indicated above, in accordance with applicable law.


Changes To The Privacy Policy
We reserve the right to change or amend our Privacy Policy from time to time to address new issues of privacy and information security and to reflect changes to our Sites. Any new change and/or amendments will be noted on this page. We will also update the Last Updated date above. If we make material changes to our Privacy Policy, we will notify you by prominently posting the changes on our Sites or by using the contact information you have on file with us. By continuing to use our Sites you are agreeing to be bound by any changes or revisions made to this Privacy Policy.


Contact Us
You should contact us if you have any questions, would like further information on our privacy practices, to exercise any of the rights listed above, or to report any security violations at admin@offmarketapp.com.

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