PRIVACY POLICY

 

Effective August 30, 2019

 

Overview

 

Welcome to Homecaptain.com and Redefy.com, which are owned and operated by Home Captain Inc. (“Home Captain,” “us,” “our,” or “we”). Home Captain provides an online platform (the “Service”) connecting users who wish to buy or sell real estate (a “Buyer/Seller”) with partners who wish to assist the Buyer/Seller with professional service providers(an “Affiliate”) needed to accomplish their goal. Our Service is accessible online at HomeCaptain.com, Redefy.com and any other websites (collectively the “Site”) or mobile applications (collectively the “App”) where this Privacy Policy is posted. Through your use of the Site or Service you consent to the practices described in this Policy.

 

Except as otherwise expressly set forth below, this Privacy Policy (the “Policy”) is applicable to only information collected through our Site or App using our Service. This Policy does not apply to information collected: (i) offline, (ii) by one of our affiliates, such as Redefy Holdings, Inc, Delectus Ltd. d/b/a Redefy franchise teams (each a “Franchisee ”), (iii) by any site that links to or is linked from this Site, or (iv) third party service providers, such as when paying for services, or initiating, documenting or completing a sale of property.

 

What information do we collect and how do we use it?

 

Cookies and tracking

 

With whom may we share your information?

 

What choices do I have about the collection, use, and disclosure of my personal or other information?

 

How can I correct or delete my Personal Information?

 

Links to third-party sites

 

Guidelines for minors

 

Limitation of liability

 

Changes to this policy

 

International

 

Contact us

 

What information do we collect and how do we use it?

 

We may collect personal and other information about you when you use our Service. “Personal Information” is any information that can be used to identify you as an individual, either alone or in combination with other information. We generally collect information from you so that we can help you find properties that interest you, facilitate your purchase or sale of a property, and to otherwise provide or improve our Service. We will not use your Personal Information for any purpose incompatible with this Policy unless we provide you notice and an opportunity to opt-out (or opt-in, to the extent required by applicable law).

 

We typically collect Personal Information and other non-personal information from you and use that information in the following ways:

 

When you register, or become a Buyer or Seller

 

When you register with our Service, you can use Home Captain as a Buyer, Seller, or just to learn more about us and real property for sale in your area. However, certain properties or features may be shown only to registered users. If you register, we collect certain Personal Information from you, including your name, email address, phone number and all Personal Information or other information you provide in the registration form.

 

We may log the properties you view using the Service so that you can keep track of properties you have seen and so that we can show you specific properties that reflect your preferences. We also save your search so you can easily return to it later. This and other information we have about you, such as Personal Information from transactions, your profile or other sources, may be combined so that we can improve your experience on Home Captain and better serve your needs.

 

When you sign up to list your property with Home Captain, we collect from you certain Personal Information, including your name, address, phone number, email address, and credit card information, and other non-personal and publicly available information.

 

We primarily use the information provided by registered users to support our Service, to process your requests, and to connect Buyers/Sellers to Affiliates. However, we also use information collected on our Service for various other purposes described in this Policy. We may aggregate and analyze data from users registered on or listings posted through our Service to provide market research for the Franchisees and third parties, as described below in the section regarding sharing of information. We may use your Personal Information to alert you to properties that may interest you, contact you about administrative matters or your experience using the Service, to improve our Service, and for our other business purposes.

 

If you sign up for newsletters, Site emails and other offers.

 

We may offer newsletters and other communications that provide information about the Service, available properties, us, the Franchisees and our affiliates, such as mortgage companies, property inspectors, title companies, insurance providers, moving companies, cleaning, and other services (collectively, the “Affiliates”) we think would be of interest to you. You may receive communications either by registering for a particular newsletter, or in conjunction with your registration and use of our Service.  You can opt-out from receiving newsletters as set forth in this Policy.

 

When you sign up for SMS or Text Message Notifications

 

With your consent, we may send you informational and/or promotional or marketing-related SMS or text messages. If you consent to the receipt of informational messages, you agree that we may send you updates related to the sale or purchase of your house, such as notices of inspections, important deadlines, search results or other similar features related to your purchase or sale of a home. If you consent to the receipt of SMS or text messages for promotional messages, you agree that we or our Affiliates may send you offers to perform services (such as inspections), real estate market alerts, or other messages that may solicit third party services or other services which may complement your purchase and sale of a home, advertise or solicit services after you have completed your purchase or sale of a home, or other similar product or services. If you consent to receiving SMS or text messages, standard messaging rates may apply. Please check with your wireless carrier for details. You can opt-out from receiving SMS or text messages as set forth in this Policy.

 

When you browse our Site or App

 

Our Site uses cookies and other similar tracking technologies, including those installed by third parties (such as Google Analytics or Doubleclick) that may be used to provide essential features, improve your experience when using our Service, or deliver advertising content that may interest you, whether on our Site or elsewhere on the web. See the Cookies and tracking section below for more information.

 

Additionally, our servers may identify users by their internet protocol (IP) address (e.g. to determine the city from which you access the Service). An IP address is a number that is automatically assigned to your computer whenever you access the Internet. We may also collect and log click-stream data when you use the Site or interact with an email we sent to you for purposes of system administration, to determine how users interact with our Site and email, to improve our Site and App, and to report aggregate information to our advertisers and Franchisees and/or other internal uses related to the Site. Click-stream data is information collected by our computers when you request pages from the Site or App. Click-stream data may include information such as the page served, the time, referring pages, your location and time zone, the source and type of browser making the request, the most recent page view, time spent viewing each page, and other non-personal information. This data helps us analyze how visitors arrive at our Service, what type of content is most popular, what type of visitors in the aggregate are interested in particular kinds of properties, advertising, and the like. We may compile your click-stream data with Personal Information about you in a single profile.

 

You may be able to register for and use our Service through our mobile application. If you consent, either expressly or implicitly through your use of the App, the App may collect your location information, registration information (such as your name, email address, etc.) and any other information described in the registration section above, or any other information collected when you use our Service as described in this Policy.

 

If you contact us through the Site or for tech support

 

You may contact us using the form on our Site or the live chat feature for tech support and other questions you may have. If you contact us using our Site or the live chat feature, we will collect the Personal Information requested on the applicable form, typically your name, email address, message contents, and, if you choose, your phone number.

 

Cookies and tracking

 

Our Service may use cookies, web beacons and similar tracking technologies. These technologies are widely used for security, to learn about and improve upon how users navigate a website, to enable certain features, or to deliver relevant advertising content to you on the web. Cookies are small data files that are transferred to your hard drive when your browser settings permit the acceptance of cookies. Similar technologies, such as web beacons or pixel tags function through the use of small files, such as a GIF or PNG, which are opened on a page or in an email. The request for these files from a server reveals to the operator of that server (which may be a third party) certain information, such as your browser type, IP address, and other information. To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit allaboutcookies.org.

 

By tracking how and when you use our Site, these technologies help us determine which features and content on our Site are most important to our visitors. We may also use cookies to enable social media sharing buttons, track your interaction with our social media accounts and other browsing behavior, and collect information from your social media usage, including but not limited to the specific social media network used, your social media account username and profile information, the time and date of interaction, click-stream data, and the contents of any social media messages or interactions, if applicable. Accepting cookies allows you, among other things, to personalize your experience using our Service, for example, by allowing you to continue your last property search. Cookies may also allow the Service to display advertising that may interest you, both on our Site and on the web. If you do not want information collected through the use of cookies, you can turn off cookies using your browser’s settings menu; however, this may eliminate our ability to provide you with a personalized or user-friendly experience on our Service.

 

Derived Information

 

We collect Personal Information and non-personal data about you from third parties (the “Derived Information”), including but not limited to public records, social media networks, third parties that sell census data to us, and other providers. We combine the Derived Information with the Personal Information and other data about you identified above into a single user profile in order to tailor your use of the Site and Service to your interests and to provide you with relevant advertising.

 

With whom may we share your information?

 

Our Service is supported by a network of local Franchisees that provide teams of knowledgeable local, licensed agents and service providers who can help you complete a purchase or sale. We share the Personal and other information you provide using the Service with the Franchisees and local service providers who may assist you in completing a transaction or request. We also share your Personal and other information with our Affiliates, or with other parties who may have offers or services we believe would be of interest to you.

 

In jurisdictions where Home Captain does not employ licensed real estate agents, we share your Personal Information with our network of referred licensed real estate professionals who will contact you to provide you with licensed real estate services.

 

When you register using our Service, your Personal Information (including information related to any use of our Service) will be aggregated and maintained with Derived Information as part of a user profile, and we may share that information with our Affiliates. By providing any Personal or other information through our Service, Site or App, you are granting us the right to share such information as described in this Policy.

 

When you consent to the receipt of promotional SMS or text messages, we may provide your phone number to our Affiliates who may advertise services that are relevant to you.

 

When you submit a payment for the Service, your payment information may be processed using a third-party payment processor.

 

We may also share your Personal and other information with other third-party service providers who help us communicate with users and otherwise provide the Service.

 

In addition, in the event that we go through a business transition, such as a merger, acquisition, liquidation or sale of all or a portion of our assets, customer Personal Information will, in most instances, be part of the assets transferred, or may be disclosed (subject to confidentiality restrictions) during the due diligence process.

 

We may, without your consent, access and disclose your Personal Information, any communications sent or received by you, and any other information that we may have about you to the extent we believe such disclosure is required by law, regulation, rule or court order; pursuant to requests from governmental, regulatory or administrative agencies or law enforcement authorities; or to prevent, investigate, identify persons or organizations potentially involved in, or take any action regarding suspected fraud, violations of our Terms of Use, or activity that appears to us to be illegal or we believe may expose us to legal liability. Additionally, we may disclose Personal Information in situations that we believe to be emergencies involving potential threats to the physical safety of any person or property if we believe, in our sole discretion, that your information in any way relates to that threat.

 

How we respond to ‘Do Not Track’ signals

 

Please note, most modern browsers include a “do not track” feature that may help protect your privacy. However, because there is not yet a defined response to do-not-track requests, our Site does not respond to your browser’s do-not-track request.

 

We may track your activity on the Site and across other websites and may allow third-parties to do the same in order to deliver information about relevant products or services to you. If you wish to take steps to opt-out of tracking by certain online advertisers, you can visit the Digital Advertising Alliance’s opt-out page at http://www.aboutads.info/choices. To learn more about, or to opt-out of Google’s analytic and marketing services, visit Google Analytics Terms of Use, the Google Privacy Policy, or Google Analytics Opt-out.

 

What choices do I have about the collection, use, and disclosure of my personal or other information?

 

It is possible for you to browse certain aspects of our Service without providing any Personal Information, but you may not be able to use some features of the Site or Service without providing Personal Information. You can unsubscribe from all email newsletters or similar communications by clicking on the unsubscribe link in every email. Please note, however, that we may still send you important legal notices after you unsubscribe from email communications. Although certain Personal Information may have been shared with third parties as described above, you may opt out of having your information provided in the future to third parties for marketing or other commercial purposes, and opt out of other communications from us, by contacting us at privacy@homecaptain.com. If you have consented to the receipt of SMS or text messages, you may opt out using the choices in your account settings.

 

To the extent we have distributed certain Personal Information to third parties (as described above), you should contact those third parties regarding your preferences via the means described in their own privacy policies or emails. You can unsubscribe from third-party email newsletters or similar communications by clicking on the unsubscribe link in the applicable email.

 

How can I access, correct, or delete my Personal Information?

 

You may access or update any Personal Information we hold about you by sending a letter or email using the contact information listed below. We will respond to reasonable requests for access or revision and will provide access to the extent required or allowed by law. However, we may decide not to grant access or make revisions where the burden or expense of providing access would be disproportionate to the risks to the individual’s privacy in any given case, or when the rights of others would be violated by granting the access.

 

If you registered for an account with Home Captain, you may be able to access or correct some of your Personal Information via your account.

 

To obtain a list of the Personal Information that we hold about you, please send a written, signed request to: privacy@homecaptain.com.

 

How we protect your Personal Information

 

We take the security of your Personal Information very seriously. We maintain physical, electronic, technical, administrative, and procedural safeguards to protect your Personal Information.

 

You need to know, however, that due to the open communicative nature of the Internet, no transmission is 100% secure. We cannot guarantee that the transmission of any Personal Information between Home Captain and you, and between you and Home Captain, will be free from unauthorized access by third parties, nor can we be responsible for Personal Information stolen from our servers or computer systems by information harvesting software or hackers.

 

Links to third-party sites

 

You should be aware that when you use our Service you could be directed to other sites beyond our control. For example, if you click on a link to one of our service providers, Affiliates, or other third-party content, you will likely leave our Site and move to a different website which is not operated by us. These other websites may use cookies, independently collect data or solicit Personal Information, and may or may not have their own published privacy policies. If you visit a website that is linked to or from our Site, you should carefully review that site’s privacy policy before providing any Personal Information. This Policy does not apply to any information you submit to third-party websites, including, without limitation, any websites that may be connected to our Site by hypertext link or otherwise.

 

Children’s Privacy

 

Our Service is neither directed at nor intended for use by minors. Further, we do not knowingly collect Personal Information from minors. If we learn that we have inadvertently done so, we will promptly delete it. Do not access or use the Service unless you are 18 years old or older. If you believe we have inadvertently collected Personal Information from your child, please contact us.

 

Changes to this policy

 

By using our Service, you consent to the terms of this Policy. We may change this Policy from time to time. We will post the effective date for this and any revised policy. Accordingly, we recommend that you consult this page frequently so that you are aware of our latest policy. Your continued use of the Service after the effective date constitutes your acceptance of any revised Policy.

 

International Users

 

If you are accessing our Service from outside of the United States, any information provided, including without limitation your Personal information, will be transferred to us in the United States, and we in turn will distribute your information to other parties within the United States. Regardless of where your information is collected or transferred, the information will be treated in accordance with this Privacy Policy. You consent to such transfer through your continued use of the Site and Service.

 

We make no representation and take no responsibility for any applicable laws and regulations outside the United States. If you are located outside the United States, data security laws in the United States may not offer as much protection as the laws in your country of residence. Persons who choose to access the Site or Service from locations outside the United States do so at their own discretion and initiative and are responsible for compliance with applicable local laws.

 

California Residents’ Privacy Rights

 

The following rights apply only to residents of California:

 

Shine the Light Disclosures
Under California Civil Code Section 1798.83’s (“Shine the Light” law), California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once a calendar year) information about the Personal Information we shared, (if any,) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of Personal Information and the names and addresses of those businesses with which we shared Personal Information for the immediately prior calendar year.

 

We will respond to your request within thirty (30) days of receipt. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response

 

Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

 

California Consumer Privacy Act (CCPA) Disclosures

 

The CCPA requires that we disclose the categories of Personal Information we have collected from California residents in the past twelve (12) months and the purposes for which that information was sold. Please see the “What information do we collect and how do we use it?” section of this Privacy Policy for that information.

For information about what Personal Information we have disclosed about you and the third parties to whom it was disclosed, see the “With whom may we share your information?” section of this Privacy Policy.

 

We may have sold your name, address, email address, and telephone number to our Franchisees so that the Franchisees may provide you with the real estate brokerage services you requested. To opt-out of the sale of your Personal Information, please visit our page Do Not Sell My Personal Information.

 

Pursuant to California Civil Code Section 1798.100 et al, California residents may also request from us, for the preceding twelve (12) month period: (1) the categories of Personal Information and the specific pieces of Personal Information that we have collected about the resident, (2) the categories of sources from whom the Personal Information was collected, (3) our purposes for collecting the Personal Information, and (4) the categories of third parties with whom we have shared the Personal Information.

 

We will respond to verified requests within forty-five (45) days of receipt. Please note that we are only required to respond to each website visitor twice per twelve (12) month period.

 

You can request that we delete your personal information. If no legal basis exists for us to keep your information, we will delete it within forty-five (45) days of receiving your verified request.

 

California Resident Requests

If you are a California resident and you wish to make any of the above requests, please send an email message to privacy@Homecaptain.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address within the time period noted above. The information will be provided to you free of charge. We will not discriminate against you for exercising your rights under this section.

 

Nevada Residents’ Privacy Rights

 

Pursuant to NRS § 603A et al, Nevada residents can submit a verified written request to Home Captain to opt-out of the sale of any of the residents’ Personal Information. We will implement your request within sixty (60) days. To opt-out, send an email to privacy@HomeCaptain.com with “Nevada Privacy Rights” in the subject line.

 

Terms of Use

 

Your use of the Site and Service is also subject to our Terms of Use, including but not limited to its disclaimers, limitation on damages, and arbitration of disputes. You should read it before using the Site or Service.

 

Contact us

 

If you have any questions about this Policy, our privacy practices, or your dealings with our Service, please contact:

 

privacy@HomeCaptain.com

 

or

 

Home Captain Inc.

Attn: Privacy

2675 South Abeline St. #215

Aurora, CO 80014