Effective Date: 12/02/2020
Last Revised: 12/02/2020
We collect and process the Personal Information of various categories of people who interact with us, who are mostly people who use and fill forms on our Site, or who provide information to us (whether directly or through our trusted third-party service providers) through the Services. In some cases, we may share Personal Information with third parties, but only as described below.
Our Services are not intended for children and we do not knowingly collect Personal Information relating to children under the age of 18. If you are under the age of 18, please do not use the Site, do not attempt to register for or make use of the Services, and do not share any Personal Information about yourself with us. For more information, please refer to the “Children” section below.
The types of Personal Information that we will collect and use will depend on various circumstances, for example, your relationship with us and the method you use to interact with us. Personal Information does not include:
- Publicly available information from government records;
- Deidentified or aggregated consumer information; or,
- Information excluded from the scope of applicable privacy laws, such as:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
In particular, we collect the following categories and types of personal information:
- Contact information (such as name, email address, mailing address, and phone number);
- Commercial information (such as primary business address, secondary business address, ownership information, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, home purchase information, such as the address, type of home, and price range of the home you are interested in buying or selling, records of personal property);
- Demographic information (such as age, date of birth, gender, race, color, origin, citizenship, and ethnicity);
- Biometric information (such as voice recordings, e.g., the recording we may make for training or recordkeeping purposes when you call us);
- Personal characteristics (such as marital status and familial information);
- Geolocation data (such as city/state, zip code, physical location or movements);
- Internet or other Electronic Network Activity information (such as log information, IP address, access times, operating system, browser type and language, Internet service provider, and website interactions and browsing history); and,
- Inferences drawn from the above categories of personal information reflecting your preferences, characteristics, behaviors, psychological trends, attitudes and abilities.
Except as described above, we do not collect, store, process, or receive credit card numbers from our Partners (as defined in the “How we Collect Personal Information” section below) or otherwise. This type of information may be collected by our Partners and subject to their privacy policies.
In addition to the categories of information described above, UpNest may also collect aggregated information or other Anonymous Information that does not directly identify you.
We obtain Personal Information in a variety of ways, including sometimes through a platform that is owned, operated, or “powered by” third-party partners or service providers (collectively, our “Partners”). In connection with your interactions with us through the Services, we may collect information from you or from other sources. This information may be Personal Information that you directly provide to us, such as information that you provide when you use the Services, or information that is passively or automatically collected from you, such as information collected from your browser or device. This information may either be Personal Information or Anonymous Information, depending on the collection source and method.
In some instances, UpNest may also collect information from third party sources, upon whom we rely to provide the Services. We use both business partners and service providers, such as payment processors and analytics providers, to perform services on our behalf. Some of these Partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with that provider) and may share some or all of that information with us.
The following are the categories of sources from which we collect your Personal Information:
- Directly from you when you provide information to us through your interaction with the Services, including when you call our toll-free number, email us, or complete forms on our Site;
- From other consumers on your behalf through their interaction with the Services;
- Automatically as you navigate through the Site, in accordance with the “Cookies and Automatic Data Collection” section below;
- From government agencies or public records; and,
- From third party services providers or business partners.
We encourage you to review the privacy policies for each third-party service provider or Partner so that you are informed about the information they may collect and use about you.
We use both session cookies (which expire once you close your browser window) and persistent cookies (which stay on your computer until they expire or until you delete them) to provide you with more personal and interactive experiences on the Site. Persistent cookies can be removed by following the help directions for your internet browser. If you choose to disable all or most cookies, some areas of the Site may not function properly.
In addition to cookies, UpNest uses "pixels" to enable certain cookies or advertisements on the Site and to track the number of times a link or advertisement is served on a webpage. A pixel is a tiny, 1x1 image that is loaded when you visit our Site, but instead of calling up an image, it causes a cookie or application to be downloaded. Pixels can be used to track user activities, track the number of times a user has viewed a particular link or advertisement, track and optimize Site traffic, display advertisements, keep track of advertising commissions, and otherwise collect data for online marketing and Site analysis. As with cookies, our Site utilize both session pixels and persistent pixels.
The cookies that we use for functionality and security purposes are considered necessary cookies, without which the Site would not function properly. These cookies allow some of the basic functions of our Site to work properly, such as remembering your preferences as you navigate the Site. In addition, these cookies help us secure the Site by preventing cross-site request forgery attacks and by throttling excessive request rates.
You have the option to manage the cookies we use in connection with the Site through the cookie consent settings and preferences centers made available to you on the Site.
We also use Google Analytics on our Site to collect usage data, to analyze how users use the Site, and to provide advertisements to you on other websites. This information is anonymous and does not include Personal Information. Please visit the following website for information about how you can opt out of having Google Analytics collect data from you when you are using the Site: https://tools.google.com/dlpage/gaoptout/
Any automatically collected information is statistical, aggregated, or Anonymous Information and does not include Personal Information.
Please note that our Site is not configured to accept and respond to web browser Do Not Track (DNT) signals. As such, if you would like to exercise your privacy rights, we encourage you to do so by submitting a request using the methods described below.
- to perform our Services and response to your requests, including to process payments and perform any other services that you request;
- to present the Site to you;
- to provide you with UpNest related information, promotions, offers, products, or services that you request from us or that you have consented to receive;
- to promote UpNest via email direct marketing if you have shared your email when interacting with the Services and have agreed to receive marketing messages, which you may opt out of at any time;
- to conduct research and provide you with surveys about the Site and our current and prospective Services;
- for internal business purposes, including data analysis, audits, developing new product and service offerings, and to monitor and improve the use and satisfaction of the Site and Services;
- to provide customer support;
- to maintain the safety, security, and integrity of the Site and Services, as well as our databases and other technology assets and our business;
- to respond to law enforcement requests and as required by applicable laws, rules, court order, or governmental regulations, as well as to comply with our legal and regulatory obligations and to defend legal claims;
- to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets as described in greater detail in the “UpNest Corporate Transactions” section below; and,
- to fulfill any other purposes with your explicit consent.
We may also use your Personal Information for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent.
We may create deidentified information records from Personal Information by excluding or modifying aspects of your Personal Information (such as your name or date of birth) in such a way that the information would not be capable of being identified with you as a specific individual at any time in the future. We may use this deidentified information to analyze request patterns and usage patterns so that we may enhance our products and services. We reserve the right to use and disclose deidentified information to third parties in its discretion.
We may periodically engage in direct marketing. You will be able to opt out at any time by following the instructions included in every e-mail sent to you via the “Unsubscribe” link contained in the email footer.
Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to us at firstname.lastname@example.org and identify your request as “Nevada Opt-Out Request” in the subject line. Following our receipt of your request, we will make reasonable efforts to verify your identity and that the authenticity of the request. When we have verified your request, we will confirm that your Personal Information will not be sold by us. If you change your email address in the future, please note that you will need to re-register the new email address with us so we can continue to ensure that we do not sell your Personal Information.
We will not collect additional categories of Personal Information or use the Personal Information that we have collected for materially different, unrelated, or incompatible purposes without providing you notice or requesting your consent at the point of collection.
We will only use your Personal Information for the purposes for which it has been provided to us, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose.
We may need to share your Personal Information with other organizations from time to time, but to the extent required by applicable law, rule, or governmental regulation, we will maintain responsibility for what they do with your Personal Information and how it is processed. We require all third parties to respect the security of your Personal Information and to treat it in accordance with the law. We do not allow our third-party service providers to use your Personal Information for their own purposes and we only permit them to process your Personal Information for specified purposes and in accordance with our instructions. For example, we may share your information:
- with service providers who process Personal Information for us, including those providing data analysis, online advertising, payment processing, order fulfillment, IT services, customer service, and other similar services to us or on our behalf;
- with third party commercial partners who partner with us to deliver our services or on our commercial activities for use in accordance with the consents you have given and choices you have made, including for such third party commercial partners to contact you regarding products or services of interest;
- with third party financial institutions, such as a bank, pursuant to the sale of your home loan originally closed with UpNest;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of UpNest, our employees, our customers, or others;
- to provide information to our representatives and advisors, including our attorneys and accountants, to help us comply with legal, accounting, and security requirements;
- in the event of a UpNest Corporate Transaction, as described in more detail below; and,
- as you otherwise consent to or request we share your Personal Information, such as to real estate agents and potential pre-approved cash buyers, as requested by you as part of our matching service.
We may also share your Personal Information for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent.
We have put in place appropriate technological and organizational security measures to help prevent your Personal Information from being accidentally lost, used, altered, accessed, or disclosed in an unauthorized way. Any Personal Information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted using secure socket layer (SSL) technology. In addition, we limit access to your Personal Information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your Personal Information on our instructions and subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected Personal Information breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
The safety and security of your information also depends on you. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services, or any portion thereof, using your username, password, or other security information. You agree to notify use immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other Personal Information. You are entirely responsible for maintaining the confidentiality of the information you hold for your username, password, or other information related to your account. You may be held liable for losses incurred by us as a result of your failing to keep your login information secure and confidential.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information when it is received by us, we cannot guarantee the security of your Personal Information transmitted to our Services. Amy transmission of Personal Information is at your own risk. We are not responsible for any circumvention of any privacy settings or security measured related to the Services.
We will only keep your Personal Information for as long as necessary to fulfil the purposes for which we collected it or to enable us to comply with our legal obligations or enforce our legal rights.
Generally, the length of time we keep your Personal Information will depend on the type of Personal Information and the purpose for which we are processing it. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we process the Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.
At the end of the retention period, we will either delete your Personal Information from our systems completely, or anonymize it so it can be used without identifying you and without the ability to be re-associated with you in the future, such as by aggregating the information.
You can contact us if you would like further information about our retention policy by using the information in the “Contact Us” section below.
The Services may offer social sharing features and other integrated tools, such as the Facebook, Twitter and Instagram buttons (e.g., “Like” and “Tweet”), which let you share actions you take on the Services with other media. Your use of these features may enable the sharing of information outside of UpNest and, potentially, with the public. If you click on a link to a third-party website or use a third-party service (including, without limitation, those listed above), you will leave the Services and go to the website or service you selected.
The Services is not intended for and we do not knowingly request or gather Personal Information from users who are under the age of 18. If Personal Information is gathered from a child under the age of 18 and we learn that the Personal Information is the information of a child under the age of 18, we will make the effort to delete that information. If you, as a parent or guardian of the child, believe that we might have Personal Information from a child under the age of 18 or the applicable minimum age in your jurisdiction, please contact us at email@example.com, and we will delete the Personal Information from our records within a reasonable period of time. Please note that you may have to reach out to our Partners separately to delete the Personal Information from their records.
Under California’s “Shine the Light” law (Civil Code Section 1798.83), California residents have the right to request in writing from certain businesses with whom they have an established business relationship a list of all third parties with whom the business has shared certain Personal Information (if any) during the immediately preceding calendar year for the third parties’ direct marketing purposes. To request this information, please email us at firstname.lastname@example.org and identify your request as “California Privacy Right Request” in the subject line.
3 E 3rd Ave, Suite 200
San Mateo, CA 94401