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PRIVACY POLICY

Last Revised: July 5, 2019

MoxiWorks (“MoxiWorks,” “our,” “we” or “us”) understands your privacy is important. This Privacy Policy (the “Privacy Policy”) describes how we collect, use, store, process and share your information in relation to your access and use of the Site and any other websites operated by MoxiWorks, our mobile applications, and any of our other products or services that link to this Privacy Policy (the “Service”). By visiting, accessing or using the Service, you expressly consent to the collection, use, storage, transfer, processing and disclosure of your information, including personally identifiable information, as described in this Privacy Policy. IF YOU DO NOT AGREE WITH THIS POLICY, DO NOT ACCESS OR USE ANY PART OF THE SERVICE, REGISTER FOR AN ACCOUNT OR MAKE A PURCHASE.  All capitalized terms not defined in this Policy have the respective meanings set forth in the Terms of Use.

PLEASE BE AWARE THAT MOXIWORKS AND ALL ASSOCIATED SERVICES AND SYSTEMS ARE HOUSED ON SERVERS IN THE UNITED STATES AND CANADA. IF YOU ARE LOCATED OUTSIDE OF THE UNITED STATES OR CANADA, INFORMATION WE COLLECT (INCLUDING COOKIES) ARE PROCESSED AND STORED IN THE UNITED STATES AND CANADA, WHICH MAY NOT OFFER THE SAME LEVEL OF PRIVACY PROTECTION AS THE COUNTRY WHERE YOU RESIDE OR ARE A CITIZEN. BY USING THE SERVICE AND PROVIDING INFORMATION TO US, YOU CONSENT TO THE TRANSFER TO AND PROCESSING OF THE INFORMATION IN THE UNITED STATES AND CANADA.

1. INFORMATION COLLECTION

(a)General. When you use the Service, you can browse without submitting any personally identifiable information about yourself. We will, however, receive and store some non-personally identifiable information about you, as described below. In order to participate in certain functionalities, you may be asked to provide personally identifiable information. “Personally identifiable information” is information that would allow us to actually identify you, such as your name, postal address, email address, telephone number, or any other information the Service collects that is defined as personal or personally identifiable information under applicable law. Additionally, you may also be asked to provide information, such as details about a home or other real estate properties. Information may be collected, for example, when you register on the Services, share or save a property via your account, save preferred searches, correspond with real estate agents, brokers, or other real estate professionals via the Services, or complete other forms or transactions. You may also provide information about a third party through the Services, for example, if you share a real estate listing with a recipient via email. We may combine this information with other information we collect from your interaction with the Services or from other companies.

(b)Account; Login. If you create an account, you will be asked to provide and we may collect certain information, including, but not limited to, your email address and password selected by you. It is your responsibility to keep your information up to date and to ensure that we have an active and deliverable email address for you. We are not responsible for any problems, interruptions in access, or liability that may arise if you do not give us complete and accurate information or if you fail to update your information so that it is current. Specific details on how to correct or change your information are provided on the "Settings" page of "My Account." Subscription information can be removed from our e-mail lists by changing the “Unsubscribe” settings.

(c)Payments. If you make a payment to MoxiWorks, we will ask for information required for payment processing, such as credit or payment card number, expiration date, CVV number, billing address, company name, and additional information required for payment processing (“Payment Information”) and other information requested for processing your payment. We use third party payment processors, currently Shopify and Braintree, (each, a “Payment Processor”) to assist in securely processing your Payment Information. The Payment Information that you provide through the Services is encrypted and transmitted directly to a Payment Processor. We do not store your Payment Information and do not control and are not responsible for Payment Processors, or their collection or use of your information. You may find out more about how Shopify stores and uses your Payment Information by accessing the Privacy Policy for Shopify’s services (see https://www.shopify.com/legal/privacy). You may find out more about how Braintree stores and uses your Payment Information by accessing the Privacy Policy for Braintree’s services (see https://www.braintreepayments.com/legal/braintree-privacy-policy).

(d)Public Content. You may provide information through the Service that is intended for public consumption and is therefore viewable by the public, including photos, ratings, reviews, tips, lists, and real estate listing information.

(e)Location Information. If you use our Service, we may receive your generic location (such as city or neighborhood) or, with your consent, precise geographic location data. We may use and store this information to provide and improve features of our Service, for example, to tailor our Site on a needs-based manner to better facilitate your use and to provide you more relevant content about real estate in your city or cities you visit.

(f)Automatically Collected Information. Similar to other websites and services, we may collect some information automatically and store it in log files. We may use third party analytics providers to collect this information about the Service. See subsection (f) below for more information on our use of third party analytics providers and the information collected by such providers. This collection may include, but is not limited to: your IP address, browser type and language, device type, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages and the date and time of each request you make. We collect this non-identifying information in order to better understand our users, to more efficiently operate our business, to promote our services and to improve the quality of the Service. We may automatically collect information using various tracking technologies, such as cookies and web beacons.

iCookies. A cookie is a small text file that is stored on a computer or smartphone for record-keeping purposes. Our third party analytics providers use cookies to record information about your activities while using the Service and to “remember” you when you return to the Service. Some cookies remain on your computer or device until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser or device setting to attempt to reject cookies and you may still use the Service, however, certain features of the Service may not be available if your browser or device does not accept cookies. See subsection (f) below for more information on how the Service may respond to your browser or device settings. We do not control the use of cookies by third parties. See also subsection (e) below.

iiWeb Beacons. Web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) are tiny graphics with a unique identifier that are used to track the online movements of web or mobile app users. Unlike cookies, which are stored on a computer’s hard drive or your smartphone, web beacons are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on, for example, web pages or in HTML-based emails. Our third party analytics providers may place web beacons on the Site that track what other websites you visit (both before and after visiting the Site). Our third party analytics providers use information obtained from web beacons to help us improve our business and the Service. We do not control the use of web beacons by third parties.

(g)Third-Party Analytics. We use analytics tools and other third-party technologies, such as Google Analytics and DoubleClick Cookies, to collect information about Service usage and users of the Service. These tools and technologies may use cookies and pixels to collect usage information from users that visit the Service, including information about the pages where users enter and exit the Service, what pages users view on the Service, time spent on each page, browser version, operating system, internet protocol address, and geolocation information. These technologies allow the third party analytics companies to recognize a user when a user visits the Service and when the user visits other websites. The third party analytic companies share the information they collect from the Service and from other websites with us and other website operators, including but not limited to age range, gender, geographic regions, general interests and details about devices used to visit websites and purchase items. Many of these companies collect and use information under their own privacy policies. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. For more information regarding Google’s collection methods and use of information, see the Google Privacy Policy by visiting the following link: https://policies.google.com/privacy?hl=en. If you would like to opt out of Google Analytics tracking, please visit the following link: https://tools.google.com/dlpage/gaoptout.

(h)“Do Not Track” Settings. Because we track Service usage information through the use of cookies, web beacons and other tracking mechanisms, your selection of the “Do Not Track” option provided by your browser or smartphone may not have any effect on our collection of information via tracking technologies. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser and smartphone to delete and disable cookies and other tracking/recording tools. However, getting a “Do Not Track” signal to work as you might want is difficult. Using browsers as an example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a tracking technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose, data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites.

2. INFORMATION USE

(a)General. We will use your personally identifiable information to operate, manage, and administer your account and the Service; to provide you with support; to communicate with you; to monitor Service usage; to improve the Service or develop and test new products, services, websites or applications; and personalize the Services and present you with advertising, content or features that we believe will be of interest or useful to you. We may also use personally identifiable information to resolve disputes; to detect and protect against errors, fraud, and illegal activity; to assist law enforcement; to enforce this Policy and the Terms of Service; or for any other purpose described in this Policy or described to you at the time of collection.

(b)Communications. We may use your personally identifiable information to respond to your inquiries or requests (including support requests). You may not opt out of Service-related emails which are not promotional in nature. We may also send you promotional emails to notify you about products or services that may be of interest to you. If you would like to stop receiving promotional messages from us or third parties, please click on the opt out link in any non-Service-related email you receive. Even if you opt out, you will continue to receive Service-related communications from us. You can opt into or out of Twilio SMS text services. You may find out more about how Twilio provides services by accessing the Privacy Policy for Twilio (see https://www.twilio.com/legal/privacy).

(c)Use of Non-Personally Identifiable and Aggregate Information. We may use non-personally identifiable information and aggregate information for any lawful purpose, including, but not limited to, analyzing trends, managing and administering the Service, tracking users’ movements, to create new products or services or to improve our business and the Service. In addition, we may share aggregate statistical information with our business partners. We may also combine your non-personally identifiable information and aggregate information with other non-personally identifiable information and aggregate information collected from other sources. We will take reasonable steps to ensure that aggregate information is never associated with you or your personally identifiable information.

(d)Information Retention. We may retain your information indefinitely, or as long as legally required or allowed, for our business needs and in order to deter fraud or abuse of the Service. We may dispose of any information in our discretion without notice, subject to applicable law. We do not undertake any retention obligations through this statement.

3. INFORMATION DISCLOSURE

(a)Affiliated Entities and Service Providers. We may disclose your information, including personally identifiable information, to any affiliated entity or organization, agent, and/or service provider that provides support for the Service (such as analytics service providers) to help us operate the Service, improve our business or the Service and to provide services to us. Use of information by affiliated entities and service providers will be subject to this Policy or an agreement at least as restrictive as this Policy. We will not share your personally identifiable information for marketing purposes or with other third parties for purposes unrelated to the Service without your explicit consent.

(b)Business Partners. When MoxiWorks works with other businesses to offer products and services, we may share information, including personally identifiable information, with those business partners only as needed to provide those products and services and subject to this Policy or an agreement at least as restrictive as this Policy.

(c)Legal Requirements. In some cases, we may disclose your information, including personally identifiable information: (i) as required by any applicable law, rule or regulation; (ii) if we believe disclosure is needed to protect our rights, property or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena or legal process served on us or the Service; and (iv) to respond to a physical threat to you or another person.

(d)Insolvency and Business Transitions. If we should ever file for bankruptcy or engage in a business transition such as an acquisition by or merger with another company, or if we sell or reorganize all or part of our business or assets, we may disclose your information, including, but not limited to, personally identifiable information, to prospective or actual purchasers or transaction participants in connection with these transactions.

(e)Disclaimer. We cannot ensure that all of your personally identifiable information will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your personally identifiable information. No transmission of data over the internet can be 100% secure.

4. INFORMATION SECURITY MEASURES

We exercise care in facilitating the transmission of information between your device or computer and the third party servers that operate and store information for the Service. The personally identifiable information we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

5. CHILDREN’S PRIVACY

(a)The Service is not for or Directed Towards Children. The Service is not intended for anyone under the age of 18. We do not intend to and will not knowingly collect any personally identifiable information from children under the age of 13. Children under the age of 13 are prohibited from using the Service. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. If you believe information from a child under the age of 13 has been provided to the Service, please notify us at: privacy@moxiworks.com

(b)California Minors. While the Service is not intended for anyone under the age of 18, if you are a California resident under age 18 and you believe your information has become publicly-available through the Service and you are unable to remove it, you may request removal by contacting us at: privacy@moxiworks.com. When requesting removal, you must be specific about the information you want removed and provide us with specific information, so that we can find it.

6. YOUR CALIFORNIA PRIVACY RIGHTS; CALIFORNIA SHINE THE LIGHT LAW

California Civil Code Section 1798.83 permits users who are California residents to obtain from us once a year, free of charge, a list of third parties to whom we have disclosed personally identifiable information (if any) for direct marketing purposes in the preceding calendar year. If you are a California resident and you wish to make such a request, please send an e-mail with “California Privacy Rights” in the subject line to privacy@moxiworks.com.

7. LINKED SITES

The Service or users of the Service may provide links to other websites or resources (“Linked Sites”). You acknowledge and agree that MoxiWorks does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through Linked Sites. Linked Sites are subject to different terms of use and privacy policies, which you should review.

8. CHANGES TO THIS POLICY

We reserve the right to change this Policy at any time upon notice to you. We may give notice by making the updated Policy available in the Service or by any other reasonable means. You can access and review the most current version of this Policy at any time at https://moxiworks.com/privacy-policy. The updated Policy is binding on you as of the next date that you use the Service after the date of updated Policy. If you do not agree to the updated Policy, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of this Policy will constitute your acceptance of the updated Policy.

9. ACCESSING OR UPDATING YOUR INFORMATION

MoxiWorks provides you with the opportunity to know about the information that MoxiWorks holds about you, together with the ability to correct, amend or delete, as appropriate, any such information that is incomplete or inaccurate. Should you wish to exercise any of these options or should you have any questions or concerns about information that MoxiWorks has collected in relation to you, please feel free to contact us by emailing privacy@moxiworks.com. We will make good faith efforts to resolve requests to correct inaccurate information except where the request is unreasonable, requires disproportionate technical effort or expense, jeopardizes the privacy of others, or would be impractical. If your account is terminated for any reason, your information will no longer be accessible through your account or associated with your account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.

10 NON-U.S. AND NON-CANADIAN RESIDENTS - CONSENT TO SUBMIT INFORMATION

The Service is not intended for use outside the United States or Canada, or by non-U.S. or non-Canadian residents. If you provide personally identifiable information to us, it may be transferred to and processed on computers in the United States and other countries, including countries outside the European Economic Area. Do not provide personally identifiable information to us if you do not want or consent to this information being transferred to the United States or to other countries, which may not have privacy (data protection) legislation or regulation comparable to the law of the country in which you reside. Your provision of personally identifiable information to us will be handled in accordance with this Policy. Your provision of personally identifiable information to us through the Service means that you agree to the terms of this Policy.

11. ADDITIONAL RIGHTS FOR EEA AND CERTAIN OTHER TERRITORIES

If you are from certain territories (such as the European Economic Area (EEA)), you may have the right to exercise additional rights available to you under applicable laws, including:

  • Right of erasure: In certain circumstances, you may have a broader right to erasure of personal information that we hold about you – for example, if it is no longer necessary in relation to the purposes for which it was originally collected. Please note, however, that we may need to retain certain information for record keeping purposes, to complete transactions or to comply with our legal obligations.
  • Right to object to processing: You may have the right to request that MoxiWorks stop processing your personal information and/or to stop sending you marketing communications.
  • Right to restrict processing: You may have the right to request that we restrict processing of your personal information in certain circumstances (for example, where you believe that the personal information we hold about you is inaccurate or unlawfully held).
  • Right to data portability: In certain circumstances, you may have the right to be provided with your personal information in a structured, machine readable and commonly used format and to request that we transfer the personal information to another data controller without hindrance.
If you would like to exercise such rights, please contact us at the contact details in the Site section “Contacting MoxiWorks.” We will consider your request in accordance with applicable laws. To protect your privacy and security, we may take steps to verify your identity before complying with the request. You also have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority.

12. ENFORCEMENT

If for any reason you believe that MoxiWorks has not adhered to these privacy principles, please notify us by e-mail at privacy@moxiworks.com, and we will endeavor to review and correct the problem promptly. Please use the words "Privacy Policy" in the Subject line. This Privacy Policy shall be governed by the laws of the State of Washington, without regard to any authority regarding choice of laws, and venue for any actions arising from or related to this Privacy Policy of the Site shall be exclusively in the state or federal courts located in Seattle, King County, State of Washington, USA.

13. PRIVACY QUESTIONS

If you have any questions about this Policy, please contact us at: privacy@moxiworks.com.