PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THE SERVICES.  TRANSACTLY TAKES PRIVACY VERY SERIOUSLY.  This policy applies to the use by both consumers and Professionals. “Professional(s)” means individuals, companies and other organizations or persons acting as real estate professionals or otherwise engaged in a business relevant to the real estate industry, including, but not limited to, REALTORS®, agents, providers of moving-related services, products or information, homebuilders, lenders, brokers, real estate professionals, re-modelers, seniors-related housing, product or service providers, home service professionals and other service professionals. Except as otherwise indicated, Professionals, Consumers and other persons are individually and collectively referred to as “User.” “Consumer” (or “consumer”) shall have its ordinary meaning but generally includes any visitor to or user of the Sites other than Professionals.

We use the Sites to provide you with information, resources, tools, products and services specific to the real estate industry and related markets, and to provide you with information about us and our advertisers, and our respective products and services.

Transactly’s websites, applications, mobile-optimized websites, mobile apps, and other applications and/or electronic media (such as emails and text messages), linking to or bearing this Privacy Policy and operated by or on behalf of Transactly (collectively, the “Sites,” and each, a “Site”) are committed to implementing policies and procedures designed to provide for privacy and security and deliver the best possible online experience. To that end, we want you to understand what kinds of information we gather about you, how this information, particularly Personal Information (defined below), is used and safeguarded, and how you can control its use.

In conjunction with this Privacy Policy, you should also review our Terms of Use for a more complete understanding of the rules governing our Sites.

Information Collected.

Information collected from you will vary, depending on how you access, visit, use or otherwise take advantage of the Sites and what information you may choose to provide to us (whether through email, text message or otherwise). It may be possible to browse various sections of the Sites without submitting any Personal Information. “Personal Information” means individually identifiable information about you that we collect online or otherwise through the Sites, including, but not limited to, your full name, a user name and password, email address, phone number, physical address, or, for certain products or services, your social security number, or financial information, and for certain e-commerce transactions your credit card information. Information in a form that is aggregated with other information, anonymized or otherwise processed so as not to be reasonably identifiable with you, and information in a form that otherwise is detached, combined, organized, segmented, modified or processed so as not to be reasonably capable of being associated with you, will not be considered Personal Information, and will not be restricted by this Privacy Policy as to use, sharing or otherwise. If you access, visit, use or otherwise take advantage of certain of our products and/or services, or certain of our tools, Sites functionality, we may receive or you may be asked to provide Personal Information. For certain Professionals, you may be requested to provide your license and/or MLS ID#. Whenever we ask for Personal Information, we strive to provide a link to this Privacy Policy to help you understand how Personal Information will be used before you decide whether to disclose it. You can choose not to provide us with Personal Information, but then you may not be able to fully take advantage of certain features of our Sites and we may not be able to provide you with certain requested information, products and/or services.

Like many websites or media on or using the Internet, we automatically track certain information about you as you access, visit, use or otherwise take advantage of our Sites; this is for various reasons, including to help us (i) better understand, offer, operate, improve and modify the Sites, (ii) better understand how the Sites are used and experienced and (iii) enhance, or better understand how we can enhance, your or others’ overall experience on one or more of the Sites, including providing advertising and other information that is relevant to you. This tracked or automatically gathered information may include, among other things, your computer’s (as used in this Privacy Policy, meaning a computer, laptop, tablet, smartphone or other relevant device) IP address (Internet Protocol address), identification number or location, the URLs, Sites, and Site pages you’ve visited, sections of or content on Site pages on which you click or in which you are interested, the number of times you visit each Site page, what downloads and/or search queries you have made, when emails and text messages are opened or links are clicked, how long you spent on particular sections of each Site and on each Site generally, and information about your computer, laptop, tablet, mobile device, browser or operating system type. This automatically gathered data includes information provided through the use of “cookies” (which is described in more detail below) and other technology or methods and may also include information gathered in connection with your use of third-party websites and media (for example, through the use of “web beacons,” “clear GIFs” or “pixels”). Although not restricted by this Privacy Policy, we may also gather and use information, generated our self or obtained from others, derived from or based on information you have provided or that is obtained by way of the collection means referred to in this Privacy Policy (e.g., automatically).

Cookies are small files that we or others send to and store on or with your computer so that your computer, browser, mobile app or other application can be recognized as unique the next time you access, visit, use or otherwise take advantage of the Sites or other media. Cookies may also reflect demographic data pertaining to you or other data linked to information you submit. One use or consequence of cookies is to enable you to receive customized ads, alerts, content, services or information. You are always free to decline any cookies we use by adjusting the settings of your browser, as your browser may permit; however, some products, services or features might not be available or operate properly if cookies are not enabled. Some of our advertisers and third-party service providers may also utilize their own cookies. You may be able to opt-out of third-party cookies, or learn more, by going to http://www.networkadvertising.org/managing/opt_out.asp. In addition, we, our service providers and others sometimes use “web beacons” or “clear GIFs.” These perform statistical and administrative functions, such as ascertaining and measuring site and page traffic, verifying advertising paths, better understanding user interests and activity, gathering related information (such as information relating to a particular browser, device or I.P. address) and positioning images, and typically do so without detracting from your online experience. Web beacons and clear GIFs are not necessarily designed to collect Personal Information. In addition, if you have provided your email address or phone number, we might deliver, or facilitate delivery of, relevant advertisements and information to you on or by way of the Sites or on or by way of other websites or media, including, for example, popular social media sites and features.

Information Sharing Disclosure.

The use of information about you depends on the context in which it is collected. Therefore, pay special attention to the categories below that relate to the features of the Sites that you wish to utilize.

We may share the Personal Information we collect from you with your consent or under the following circumstances or understandings.

Certain features, products or services on or of our Sites may seek or obtain Personal Information from or about you, which may be used in the following ways:

For information, features, products and services provided by the Sites, the information you submit is used by us to provide information, features, products or services.  We may also share this information with others to facilitate your use of the information, features, products or services, or as otherwise outlined in this Privacy Policy. When sharing Personal Information in such a manner, we may also share your computer’s Internet Protocol (IP) address, identification number or location. In addition, we may use and share any registration information that you submit as set forth in the “Registration Information” section below.

  • We may use other companies and individuals (1) to perform supporting functions for the various tools, functionality, information, products and services offered through our Sites on our behalf, (2) to perform or support various tasks or initiatives instrumental to the business of, or related to operating or improving, the Sites or (3) to assist us in testing, maintaining or improving the features, content or effectiveness of the Sites or in performing research or development. These service providers may be permitted to receive from us and use information collected from you but will not be authorized by us to use Personal Information for any other purpose other than in connection with performing the support functions for Transactly or such other tasks, initiatives or assistance for or expressly permitted by Transactly.
  • For information, features, products and services marketed or offered to you jointly or on a coordinated basis by us and a third party, Personal Information may be shared with or independently gathered by the third party. In these situations, Transactly will be free to use Personal Information to facilitate such information, features, products and services (or information about them) being made available to you and as otherwise outlined in this Privacy Policy, and you understand the third party may use the information in different ways. Please be aware that each company we do business with (including, without limitation, Professionals and Providers, each as defined herein) has its own policies regarding its use, sharing and protection of information about you and that such policies may differ from those outlined in this Privacy Policy.

From time to time, portions of the Sites may enable you to send email, text messages, and other types of messages to us or to third parties and to participate in bulletin boards, discussion groups, and online conversations. All such emails, text messages and messages, and all such postings to bulletin boards, timelines and discussion groups, become our property once you submit them. Your computer’s Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return.  Please use your own discretion when deciding whether and what to post. We reserve the right, in our sole discretion, to edit or delete postings from our bulletin boards, timelines and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions.

If you participate in or inquire about any lead, referral or similar service we may offer:

  • We may use the information you submit, as well as other data we might have or obtain ourselves or from other sources (for example, based on or related to such information), to determine which of our participating Professional(s) may be willing, able and/or compatible to serve your needs or possible interests and to assist them or others in doing so. We may forward or share information relating to you, which may include such information as well as Personal Information obtained through our sign-up form or otherwise, to certain Professional(s), which may sometimes include multiple Professionals (such as in cases where a given Professional has a marketing or business relationship with one or more other Professionals and designates them to receive such information, or in cases where the nature of a product, service or feature offered on or through a Site is designed to involve participation by multiple Professionals). Those Professionals or their affiliates, contractors, advertisers, agents or other designees may use such information and contact you regarding your needs or possible interests, as may we ourselves. The following paragraph applies only to Professionals; others may not infer any commitments or assurances from such following paragraph.
  • This paragraph applies only to Professionals, but does not apply to a Professional to the extent modified in a separate written agreement, which agreements may be entered into by Transactly in its sole discretion and without notice to others. Professionals might receive information from, or originating from, consumers seeking the Professional’s products or services or related information. These information submissions or related inquiries or leads might include, without limitation, Personal Information. Because protecting personal privacy is important, we require that Professionals treat data received from Transactly consumers as if it was still on the Sites and in accordance with this Privacy Policy. Professionals may use the information sent to the Professionals via our Sites only for the purposes of providing the consumer products and/or services about which the consumer inquired or such purpose(s), if any, specified by us in connection with such information being made available to you. We require that Professionals not make any other use of any such data and that Professionals otherwise not share or transmit this information with or to any third party without the consumer’s consent.

We will release Personal Information or other information we collect from you if we believe that such action is appropriate to: (1) comply with legal process; (2) enforce the Terms of Use agreement for the applicable Site; (3) identify, contact or bring legal action against persons or entities who are or we believe have caused or might cause injury to us or a third party, (4) defend or respond to claims brought or threatened against Transactly, its employees, directors, officers, shareholders, suppliers or service providers, Site users or others or (5) otherwise protect or assert the rights, property, interests or personal safety of Transactly, its employees, directors, officers, shareholders, suppliers or service providers, Site users or others. Any such release decisions may be made by us in our sole discretion.

We continue to develop our business and in doing so might choose to buy or sell, or expand or otherwise restructure (e.g., by way of joint ventures) with respect to, businesses or assets. Personal Information and other information we collect from you is generally one of the assets acquired, transferred otherwise shared or affected in connection with such transactions.

The Personal Information you provide when you become a registered User, consumer or customer of one of the Sites is used primarily to help us customize or enhance your or others’ online experience, increase the convenience of accessing new or existing tools, products and services, and, if applicable, provide the information, features, products and/or services you purchase or request. This Personal Information may also be shared among the Sites to make use of the Sites more convenient by, for example, limiting the number of times you have to register with us. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, occupation or the like), as well as other information we might have or obtain ourselves or from other sources (for example, based on or related to such data), may be used to help us offer content, advertisements, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate or other protected form (see “Information You Give Us,” above) or under confidentiality terms, with our current and potential advertisers and service providers so that they, or we, can present and deliver advertisements more effectively. If you forget your password for any registered area of the Sites, we have an automated password recovery system, which can be accessed by clicking on the sign-in page.

  • Consumers: Unless you specify that you would prefer not to hear from us, we may use the email address and other information (including Personal Information) you provide at the time of registration to contact you for promotional or other purposes. You may have promotional email communications terminated at any time by opting out through your member profile on the applicable Site, or by clicking on any unsubscribe link contained in a promotional email. Please be aware that opting out on one of our Sites, does not opt you out from any of our other Sites unless that option is specifically provided. If you would like to request to opt out with respect to all of the Sites please email info@transactly.com with your requests. The following paragraph applies only to Professionals; others may not infer any commitments or assurances from such following paragraph.
  • Professionals: This paragraph applies only to Professionals, but does not apply to a Professional to the extent modified in a separate written agreement, which agreements may be entered into by Transactly in its sole discretion and without notice to others. We may offer a newsletter, electronic flyer or similar material to keep Professionals abreast of the products and services on the Sites or other professional products and services. Information provided by Professionals for the purposes of offering the Professional’s products and services to others via one or more of the Sites will be shared with others, including consumers accessing or using one or more of the Sites. To the extent such information is necessary to offer such products and services it typically will be posted on the applicable Site(s). This may include, without limitation, the Professional’s full name, email address, license number, state of license, address, phone number, graphic images and any other data intended to help consumers identify or contact the Professional or related to the Professional’s products or services.

Special Messaging Consent.

By submitting a request or inquiry about (or a request or inquiry for information about), or a request or authorization to be contacted about, real estate, moving, homes services, title services, mortgage, credit, home warranties or home-related products, services, offerings, procedures, details or matters you are providing to Transactly’s associated advertisers, lead customers (e.g., lead or referral service customers), subscribers and Professionals (each, a “Provider”), and to Transactly, your consent to be contacted for marketing, informational and related purposes in connection with such request, authorization or inquiry by one or more Providers and by Transactly by telephone device (including, but not limited to, being contacted on a recorded line and potentially by use of automated dialing systems and artificial or prerecorded voice messaging), email, text message, mail or otherwise, based on the phone number, email address and/or other data you have provided. This consent applies even if your phone number, email address or other data is on a corporate, federal, State, local or other do-not-contact type of list or directory (such as the U.S. National Do Not Call Registry). You are not required to consent to receiving autodialer calls, or to otherwise provide this consent, as a condition of purchasing any products or services from Providers or Transactly. You agree that your submitted request, authorization or inquiry (as described above) acts as your electronic signature for this consent. You acknowledge that for text, SMS, calls and other electronic messages that message and data rates (for example, from your network provider) may apply.

When sharing Personal Information in accordance with this Privacy Policy, we may also share your computer’s Internet Protocol (IP) address, identification number or location.

You (whether you are a consumer, a Professional, a Provider or otherwise) consent to Transactly (including any designee of Transactly) contacting you in any manner consistent with information (including Personal Information) you have provided or we otherwise have pertaining to you or consistent with other instructions, requests, inquiries or consents that have been given by you or on your behalf (whether by way of this Privacy Policy or otherwise). If for a particular contact we determine we need consent from you we currently do not have (or are not sure we have), Transactly (including any designee of Transactly) may contact you by any available communication means to seek such consent.

Transactly is not restricted as to information, including Personal Information, except as described in this Privacy Policy.

Non-personal Information.

Information that is automatically, electronically or otherwise gathered, including through the use of cookies and other technology, may be shared among the Sites. It may also be shared with other third parties, including listing providers, advertisers, service providers and others, so that we may better understand how the Sites are used, to enhance the overall experience on the Sites and otherwise in connection with our operation of the Sites and conducting related business. But when so shared with third parties, any Personal Information will be included for such purpose(s) only if first put in aggregated, de-identified or other protected form (see “Information You Give Us,” above) or the third party will be contractually or otherwise restricted as to the use of such Personal Information.

Transactly is not restricted as to non-Personal Information except as described in this Privacy Policy.  We participate in an advertising platforms offered by our affiliates, who gathers information for the purposes as described above.

  

Our Sites are general audience websites and media. If you are under the age of 17 you should not register or provide information on our Sites. We do not collect Personal Information from any person we are able to reasonably identify as a child under the age of 17. If you have knowledge that a child under the age of 13 has submitted Personal Information to us, please email info@transactly.com.

How to Access and Change Personal Information.

To view, edit or delete the Personal Information that you submitted on the Sites during registration or during the purchase of a product or service, or that you otherwise submitted as described above:

  • Consumers: Follow the instructions found in the Site(s) where you registered or submitted Personal Information. If you would like us to no longer use or share with our affiliates, partners or other service providers, Personal Information we may gather from you to market information to you, please send a request to info@transactly.com.  The following paragraph applies only to Professionals; others may not infer any commitments or assurances from such following paragraph.
  • Professionals: Professionals may edit Personal Information the Professional has submitted by returning to the area of the Site where the Professional registered and modifying the information there, or by calling. By contacting Transactly to make such changes, Professionals expressly authorize Transactly to access Personal Information and any associated data or accounts for the purposes of completing the Professional’s requested edits, modifications and/or deletions. This paragraph applies only to Professionals, but does not apply to a Professional to the extent modified in a separate written agreement signed by an authorized officer of Transactly, which agreements may be entered into by Transactly in its sole discretion and without notice to others. Any change you request regarding Personal Information may adversely affect or otherwise change the availability, deliverability or quality for you of information, features, products or services in which you are interested or your experience on or relating to the Sites.

Personal Information Protection.

Whenever Personal Information is stored on our computers (which may be for an indefinite period, or a more limited time based on obsolescence or other factors), that information is protected from unauthorized access or use by way of passwords or other industry-acknowledged means. In addition, the servers Transactly utilizes that store this information are located behind a firewall. Since your financial information and certain other Personal Information (i.e., your social security number) is especially sensitive, we take special care to keep it secure. We will only electronically transmit or ask for this information over secure Internet connections using precautions such as SSL (Secure Sockets Layer) encryption (an accepted standard for online security), security keys and password authentication from any third parties receiving this information. Finally, to the extent that we may ask for and will store for a period of time Personal Information consisting of your social security number, credit card number or financial information, this information will be stored using precautions such as secure designated servers where access is limited to individuals in departments charged with using such information only in connection with processing your orders and/or payment for products and services purchased; provided, however, that those orders and/or payments processed by our business partners, marketing allies and/or service providers that provide or participate in providing the service or product requested or participate in the payment process may store such information on their servers which are governed by such third party’s privacy policy and security procedures.

We appreciate your help in safeguarding the integrity of your own and others’ privacy. You are expected to use common sense whenever you disclose Personal Information over the Internet. Just as importantly, we encourage you to let us know immediately if you suspect that Personal Information you share with us is being used in any way contrary to this Privacy Policy. Finally, unfortunately no data transmission over the Internet nor any storage of information on servers or other media can be guaranteed or made to be 100% secure; and while we strive to protect Personal Information, as outlined in this Privacy Policy, we cannot promise, guarantee or warrant the complete security of information.

Scope of this Privacy Policy: Outside Links

Be aware that our Sites link to other websites and media that may collect Personal Information. This Privacy Policy applies only to the Sites, and we are not responsible for the privacy practices, nor the content, associated with any linked websites. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, security, use and disclosure policies.

Interest-Based Advertising.

On our sites, apps, emails, timelines and/or messages we and our third-party service providers may obtain information about your activities to provide you with advertising about products and services tailored to your individual interests. We and our third-party service providers also may obtain information for this purpose from third-party websites and apps. This section of our Privacy Policy provides details and explains how to exercise your choices.

We engage third-party advertising networks to help us target our messaging to visitors through interest-based and contextual means. Through these ad networks, we can track your online activities over time and across third-party websites and apps by obtaining information through automated means, as described above. This is sometimes called “interest-based”, or “online behavioral”, advertising. The networks use this information to show you advertisements on our Services or other third-party websites and apps that may be tailored to your individual interests. The information our ad networks may obtain on our behalf includes data about your visits to websites and use of apps that serve our advertisements, such as the pages or ads you view and the actions you take on those websites or apps. This data collection takes place both on our sites, apps and emails and on third-party websites and apps that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts. To learn how to opt out of this ad network interest-based advertising, click herehttp://www.aboutads.info/choices or herehttp://www.networkadvertising.org/choices/ in the US.

Effective Date and Modifications.

This Privacy Policy is effective as of the date first written above (the “Recited Date”) and may be updated and modified from time to time by us in our sole discretion. If we choose to update or modify this Privacy Policy, such updated or modified policy shall become effective on the date that is one (1) day after its posting on the applicable Site(s) (the “Modification Effective Date”); this is true even if it were to happen that the Recited Date (as also modified) is a date earlier than the Modification Effective Date, in which case this Privacy Policy, as updated or modified, is effective as of the Modification Effective Date. We encourage you, therefore, to periodically review this Privacy Policy and the Sites in order to keep apprised of our current privacy practices. If you do not agree to any provision of this Privacy Policy, or any update or modification of it, please do not use the Sites.

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