Privacy Policy

Pivotal Real Estate 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 this website and any other websites operated by Pivotal Real Estate, 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 PRIVACY POLICY, DO NOT ACCESS OR USE ANY PART OF THE SERVICE, REGISTER FOR AN ACCOUNT, OR MAKE A PURCHASE.

Additionally, the following types of personal information are excluded from CCPA’s scope:

Certain health or medical information otherwise 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; and

Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

1.2 Descriptions of Information Collected

(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 Pivotal Real Estate, 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 (“Analytics Providers”) to collect this information about the Service. See subsection 1.2(g) below (Third-Party Analytics) for more information on our use of 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.

Cookies. A cookie is a small text file that is stored on a computer or smartphone for record-keeping purposes. Our 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 1.2(h) (“Do Not Track” Settings) 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 Section 3.6 (Disclaimer) below.

Web 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 Analytics Providers may place web beacons on the Site that track what other websites you visit (both before and after visiting the Site). Our 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 Analytics Providers.

(g) Third-Party Analytics. We use Analytics Providers, such as Google Analytics and DoubleClick Cookies, to collect information about Service usage and users of the Service. These Analytics Providers 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 Analytics Providers to recognize a user when a user visits the Service and when the user visits other websites. The Analytics Providers 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 Google’s 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. 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.

We may use or disclose the personal information identified above for one or more of the following business purposes (“Business Purpose”), as further described in Sections 2 (Information Use) and 3 (Information Disclosure):

To fulfill or meet the reason you provided the information (e.g., to help provide products and services to you).

To personalize and develop the Service and the services we provide you through the Service and improve our offerings.

To provide certain features or functionalities of the Service.

For marketing and promotions.

To provide you with support, to communicate with you and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

To help maintain the safety, security, and integrity of the Service, the Site, our services, databases, other technology assets, and business.

For testing, research, analysis, and product development, including to develop and improve the Service.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

To prevent illegal activity, fraud, and abuse.

As described to you when collecting your personal information or as otherwise set forth in the CCPA.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our users is among the assets transferred or liquidated.

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 Privacy Policy and the Terms of Service; or for any other purpose described in this Privacy 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 short message service (SMS). 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

3.1 Disclosures of Personal Information in the Last Twelve Months

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a Business Purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

We disclosed users’ personal information for a business purpose to the following categories of third parties as further discussed in below:

Service providers.

Affiliated companies.

Analytics providers.

3.2 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 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 Privacy Policy or an agreement at least as restrictive as this Privacy 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.

3.3 Business Partners

When we work 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 Privacy Policy or an agreement at least as restrictive as this Privacy Policy.

3.4 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; and (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.

3.5 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.

3.6 Disclaimer

We cannot ensure that all of your personally identifiable information will never be disclosed in ways not otherwise described in this Privacy 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

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: Hello@PivotalRE.com.

6. YOUR CALIFORNIA PRIVACY RIGHTS

6.1 California Consumer Privacy Act (CCPA)

If you are a California resident, we process your personal information in accordance with the California Consumer Privacy Act (CCPA).

Sale of personal information. MoxiWorks does not sell your personal information. Because of this we do not offer an option to opt-out of the sale of personal information.

Your rights. Under the CCPA, you have the right to request that (i) we disclose what personal information about you has been collected, used, disclosed, and sold, and (ii) we delete your personal information. You or an authorized agent acting on your behalf may submit a request for either a disclosure (i) or a deletion (ii). Authorized agents or delegates should provide the MoxiWorks support team with the name of the requestor who they are acting on behalf of, their brokerage name, and their MLS ID in order to authenticate the requestors information.

Exercising these CCPA rights will not result in discriminatory treatment from MoxiWorks, such as degrading your service quality or charging a higher fee for our products and services. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make such a request for access or data portability twice within a twelve-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

The Service is not intended for use outside the United States. 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 Privacy Policy. Your provision of personally identifiable information to us through the Service means that you agree to the terms of this Privacy Policy.

9. 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 Pivotal Real Estate 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 Pivotal Real Estate.” 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.

10. LINKED SITES

The Service or users of the Service may provide links to other websites or resources (“Linked Sites”). You acknowledge and agree that Pivotal Real Estate 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.

11. CHANGES TO THIS POLICY

We reserve the right to change this Privacy Policy at any time upon notice to you. We may give notice by making the updated Privacy Policy available in the Service or by any other reasonable means. The updated Privacy Policy is binding on you as of the next date that you use the Service after the date of updated Privacy Policy. If you do not agree to the updated Privacy Policy, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of this Privacy Policy will constitute your acceptance of the updated Privacy Policy.

12. ACCESSING OR UPDATING YOUR INFORMATION

Pivotal Real Estate provides you with the opportunity to know about the information that Pivotal Real Estate 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 Pivotal Real Estate has collected in relation to you, please feel free to contact us by emailing Hello@PivotalRE.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.

13. ENFORCEMENT

If for any reason you believe that Pivotal Real Estate has not adhered to these privacy principles, please notify us by e-mail at Hello@PivotalRE.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.

14. PRIVACY QUESTIONS

If you have any questions about this Privacy Policy, please contact us at: Hello@PivotalRE.com