This Policy constitutes a legally binding agreement between you and us.
Users of the Site (including, but not limited to, anyone that accesses, browses or uses the Site) are referred to as “you”, “your” or “User” herein.
TopHap, Inc., a Delaware corporation, is referred to as “TopHap” or the “Company” or “we” or “us” or “our” herein.
The “Site” consists of the website located at http://www.tophap.com (including, but not limited to, any and all sub-domains) and any and all services and software provided through or by such website(s) (whether over the Internet, by mobile platform and/or otherwise) or in connection with TopHap and any related software and services (including, but not limited to, any and all representations of the Site, whether in online, offline, mobile and/or other platforms).
The Site is owned, operated and maintained by the Company. The Site can be accessed, browsed or used through a variety of online, mobile or other platforms as TopHap decides (in its sole and absolute discretion) to make available from time to time to Users. The Company does not guarantee or promise any User that the Site will remain accessible or operational in the future for any particular duration of time.
You also acknowledge and agree that we may disclose information you provide if required to do so by any applicable law, or if we, in our sole and absolute discretion, believe that disclosure is reasonable or necessary to (1) comply with any applicable law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is affirmatively required by applicable law); or (2) protect or defend the rights or property of the Company or any third party.
Using the Site
In general, you can visit the online version of the Site through traditional Internet access directly to the Site and view certain basic content while remaining anonymous by not providing any personal information; provided, however, we do collect your IP address and cookie information.
The Site may also collect non-personally identifiable information that becomes available to us as a result of your visit to our Site. This information includes, for example, your IP address (a number automatically assigned to your computer when you visit the Site, and which is logged by our servers) your Internet Service Provider (“ISP”), your web browser, the type of operating system, the domain name of the website which links you to our Site and the pages you visited while you were using the Site.
Notwithstanding the foregoing, if you access the Site through means other than traditional Internet access directly to the Site (i.e. you access the Site through mobile, offline, co-branded, social media or networks, or any other means) the above collection of information is subject to modifications and changes based upon your specific access platform.
Cookies (in General)
These small text files (cookies) that your web browser leaves on your hard drive allow us to recognize you as a repeat user of the Site, track your use of the Site and better target marketing and advertising for you. Cookies allow for personalization of certain aspects of your visit to our Site. Information gathered from cookies in this way is only used on an aggregate basis. Unless a visitor specifically provides their identity to us (e.g., by registering at our Site, providing information through an online form or sending us correspondence from the Site), we will not know who the individual visitors are.
Cookies and Opting Out
Users may choose to opt out of our cookies as well as third-party cookies relating to or in connection with the Site.
1. Our Cookies:
We put TopHap cookies on your computer (including mobile device) to help us, among other things, to keep track of when you were last on the Sites and what you last searched on the Sites.
Opting Out of TopHap Cookies: While you may choose to disable cookies on your browser, we recommend that you leave cookies activated to use some of the most useful TopHap features.
2. Third-Party Cookies for Website Use Analysis:
Opting Out of Third-Party Cookies for Website Use Analysis: Users may choose to opt out of tracking by Google Analytics. In order to prevent your data from being used by Google Analytics, please visit http://support.google.com/analytics/ and enter your query for further instructions.
3. Third-Party Cookies used to Target Ads to you on other Websites:
Opting Out (Generally) of Third-Party Cookies used to Target Ads to you on other Websites: If you do not wish to have us collect, use and share information about you to deliver targeted online advertising in this manner, please [ click here] and follow the instructions of how to opt-out, or alternatively, e-mail us at Legal@TopHap.com with your request. Please also note that most opt-out mechanisms are cookie-based and will only affect the specific computer (including mobile device) and browser that is used to submit an opt-out request. Therefore, if you have multiple computers or change computers, or use multiple browsers, you will need to submit separate and individualized opt-out requests for each such computer or browser. In addition, if you delete, block or otherwise restrict cookies, you would typically need to renew your opt-out choices in order to properly ensure that any opt-out of cookies continues to remain effective.
Opting Out of Mobile Device ID Tracking: Depending on the mobile device being used, mobile device users can typically reset the applicable identifier or choose to opt-out of receiving interest based ads in their mobile applications. Please check your mobile device settings and/or contact your mobile device provider for more information on how you can reset the ad identifier or opt out of interest-based advertising.
Opting Out from Online Advertisements to Consumers: The Self-Regulatory Program for Online Behavioral Advertising provides consumers with the ability to completely opt-out of having their online behavior recorded and used for advertising purposes. To opt-out of having your online behavior collected at all for advertising purposes (for example, serving TopHap ads to you on Facebook) please visit the websites http://www.aboutads.info/consumers and http://www.iab.com/news/self-regulatory-program-for-online-behavioral-advertising/ for more information. Choices you make are both browser and device-specific. For example, if you opt out when using Safari on your phone, you will not automatically be opted out on Firefox or on your laptop.
Opting Out via ‘Do Not Track’ selection: Some browsers now have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. These novel features are not yet uniform, so the Company is currently unable to respond to those signals. You can review more information about this feature on the Internet or at the following website http://allaboutdnt.com/ which provides an overview of the service.
4. Flash Cookies:
We currently do not use flash cookies, but we may utilize such cookies in the future.
General: Personal Information
The Company, including its employees, agents, independent contractors and/or authorized representatives, will collect personal information as discussed herein in a number of different circumstances in the course of our operation and/or your use of the Site.
We do, or may in the future, collect personal information in certain areas of the Site, such as (without limitation) when users register for services, use the Site, provide credit card or payment information, request publications or other information from us, sign up for newsletters and obtain or provide user access credentials.
We may use other technologies including, but not limited to, pixel tags, web beacons, and technologies that enable us to be aware of your operating systems, hardware configurations, software applications that may be installed on your computer, and pages you visited on our website(s). These technologies are employed to allow us to improve our Site. None of this type of information identifies you personally and we do not link aggregate information to personally identifiable information.
Personal information we will or may collect from Site users includes (without limitation): (a) names, physical and email addresses, telephone and facsimile numbers, internet protocol (IP) addresses and other business and/or residential contact information; (b) information or comments provided on the Site or otherwise, including, but not limited to, feedback and comments about you with respect to the Site; (c) information regarding your activity on the Site, including (without limitation) your browsing patterns, download activity, time spent on the Site, frequency of your use of the Site, and pages viewed and the details thereof; (d) credit card and payment information; and (e) such other information we may collect with consent or as permitted or required by applicable law or regulation.
Information Storage and Security
We store the information that we collect from you in the United States. If you are located outside the United States and choose to use our Site, we may store and process the information you provide to us in the United States.
We take commercially reasonable steps (including, but not limited to, administrative, physical and electronic measures) to safeguard and protect your information. We endeavor to keep your information safe from unauthorized access, use or disclosure by using security measures that are commercially reasonable and appropriate for a company and website of our scope and size in our industry. Despite these precautions, the Company cannot guarantee that (a) unauthorized persons will not obtain access to your information or (b) your information will not be improperly used or disclosed.
General: Use of Personal Information
We may keep any and all of your information on hand for as long as permitted by applicable law and for any and all of the purposes described herein.
Information Collection, Use and Opting Out
The specific types of information that we collect depends based on your level of engagement with the Site. The higher the level of your participation, the more information (and the greater the scope of collection/use of that information) is required from you.
Below we explain the types of information that we collect and our use of it for two different categories of people who engage with the Site or otherwise participate in services offered by TopHap: (1) All TopHap Website and Users of the TopHap Applications; and (2) Registered TopHap Site Users (including Registered App Users).
1. All TopHap Website and Users of the TopHap Applications:
From both registered and unregistered users of the Site, we automatically receive and record information whenever you interact with the Site. This information includes IP address data from our server logs, cookie information, the pages you request, and the URL of the site from which you came to our Site. From all Users of the TopHap Applications (“App Users”) we also collect the user resettable mobile device ID (such as the ID for Advertising on iOS and Android ID on Android) and your geo-location information so that we can interact with you in order to provide geo-specific information, such as (without limitation) homes for sale near you and information about listing your home for sale. Your IP address serves the same function as for website users. App Users can turn off our access to your geo-location by adjusting “location services” within your mobile device’s settings. We also use the information listed above to help diagnose Site problems and performance, analyze trends, customize your experience on the Site, provide targeted information about TopHap, and administer the Sites.
2. Registered TopHap Site Users (including Registered App Users):
Registered users of the Site should also be mindful of the following considerations:
General: Disclosure of Personal Information
Your information may be disclosed to: (a) our employees, agents, representatives, advisors, affiliates and independent contractors, in connection with their performance of services for or on behalf of the Company; and (b) service providers who help us with our business operations, sales and marketing, information technology or professional services. We will take commercially reasonable measures to ensure that your information collected, used, disclosed or otherwise processed by any of the aforementioned parties for us or on our behalf is protected and not used or disclosed for purposes other than as directed by the Company.
We do not generally sell, trade, or otherwise transfer to outside parties your personal information. However, the preceding statement does not apply to trusted third parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. For example, and without limitation, the Company may freely disclose your personal information to third party service providers under conditions of confidentiality in order to administer our Site or to improve the functionality of our services. These third-party service providers may include (without limitation) auditors, hosting providers, Internet Service Providers, software providers, information technology service providers, server and data providers, and e-mail validation services.
Information Sharing and Disclosure
We share and disclose information depending on your level of engagement with the Site. The higher the level of your participation, the more information (and the greater the scope of disclosure of that information) that may be shared.
Below we explain the types of information that we share and our disclosure of information for people who engage with the Site or otherwise participate in services offered by TopHap (including all Users and our Registered Site Users (including Registered App Users)):
With respect to information regarding home sales and purchases, Users should also be mindful of the following considerations:
Public Record Information: We post on the Site some information that typically becomes part of the public record of a home sale or purchase. Please be aware that home sales and purchases are a matter of public record, and your name and address, the price you paid or received, your property taxes, and other information will be available from public sites regardless of the brokerage(s), if any, who assist in the transaction.
Non-Public Record Information: We may also share information obtained from you that is not part of the public record.
Consent to the collection, use and disclosure of your information may be given in various ways. Consent can be express (for example, orally, electronically, via text message or on a form you may sign describing the intended uses and disclosures of your information) or implied (for example, and without limitation, when you provide information necessary for a user access or access credentials that you have requested) or given in some circumstances where notice has been provided to you about our intentions with respect to your personal information and you have not withdrawn your consent for an identified purpose, such as by using an "opt out" option provided, if any.
Each User is deemed to consent to receiving periodic email, text and other electronic or digital messages from the Company, unless the User has expressed a desire to unsubscribe and not receive such messages. The email messages may include, without limitation, information and advertisements from the Company and its partners. The Company will generally not share, sell or market the email addresses or other collected personal information of Users to third parties other than as has already been set forth herein.
The Company collects, utilizes and discloses your information with your consent, except as is otherwise permitted or required by law or set forth in this Policy. We may also be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example (and without limitation) to comply with a court order, to comply with local, federal or foreign regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.
Please bear in mind that the Company is based in the United States, and we do not necessarily attempt to comply with foreign (non-U.S.) privacy legislation. By consenting (in any manner described above) to our collection, usage and disclosure of your information, you acknowledge and understand that the Site may be viewed and hosted anywhere in the world, and furthermore, you agree that your personal information may be transferred across international boundaries.
Certain E-mail Communications
We communicate by email with our account holders about their accounts. You may also subscribe to Listing Alert Emails with customized summaries of homes for sale. If you opt-in to also receive marketing email messages, TopHap may send you TopHap-related news, surveys or promotions. If you do not want to receive alerts or marketing email from us, please visit the “Email Preferences” section of your account and/or click the “unsubscribe” link that is in the bottom of the unwanted email.
The Company may establish and maintain a file of your information for the purposes described herein. If you wish to request access or correction of your information in our custody or control, then you may contact us as indicated below. Your right to access or correct your information is subject to applicable legal restrictions. If you wish to withdraw consent, which may affect your access to services or functions provided by the Site, make inquiries or complaints or have other concerns about our Personal Information practices, then you should contact us as indicated below in “Contact Us”.
You may also unsubscribe from any mailing lists or newsletter or publication registrations, or otherwise from receiving messages or electronic mail from the Company, through instructions provided on the Site or in emails from us, or by directly contacting us as provided below in “Contact Us” and expressing your desire to unsubscribe, or clicking on links on the Site or in electronic mails or other electronic or digital messages that allow you to unsubscribe.
The Site may contain links and pointers to Internet or other sites maintained by third parties. The Company does not operate or control in any respect any information, products or services on such third-party sites. Third-party links and pointers are included solely for the convenience of Users and do not constitute any endorsement or verification thereof by the Company. You expressly agree to assume sole responsibility for use and access of third party links and pointers.
California Online Privacy Protection Act Compliance
It is our policy to be in compliance with the California Online Privacy Protection Act.
Commitment to Children’s Privacy
The Site and our services are meant for adults. You must be over the age of 18 to use the Site. The Company does not attempt to, or knowingly ask for or, collect information from any person under the age of 13 (without permission from a parent or guardian).
Protecting the privacy of children is especially important to us. It is our policy to comply with the Children’s Online Privacy Protection Act of 1998 and other applicable laws. We recommend that children ask a parent for permission before sending any personal information anywhere using the Internet or a mobile or other electronic device.
If you are a parent or legal guardian and think your child under 13 has given us information, then you can email us. You can also write to us at the address listed at the end of this Policy. Please mark your inquiries "COPPA Information Request."
TopHap is currently licensed by the California Department of Real Estate (DRE). Its DRE license number is 02068772.
For any questions related to our DRE license or with respect to any other licenses/permits, please contact us at Legal@TopHap.com for further information.
Terms of Service and Use
Please also visit our terms of service and use which establish the terms and conditions of the use of the Site, including (without limitation) applicable disclaimers and limitations of liability that govern your use of our Site.
You may delete your TopHap account by "Deactivating your Account" on your Account Settings page. We may nevertheless keep a copy of your account information for our records.
The Company may, in its sole and absolute discretion, modify or change any or every aspect of the Policy at any time (for any reason or no reason), effective immediately upon posting such modifications or changes (or a revised version of this Policy incorporating such modifications or changes therein) on or through the Site. Please periodically consult the end of this Policy to determine when the Policy was last revised. Your continued use of the Site after any such modifications or changes are posted will constitute your complete and unequivocal acceptance of such any modifications or changes to the Policy.
We may also choose, at our sole discretion, to notify you of any major changes to this Policy by email or other means (in addition to posting the updated Policy on the Site).
The Company also reserves the right, but has no obligation whatsoever, to modify or change the Policy as it applies to any specific User, provided that any and all such special modifications must be in writing and signed by and between the Company and the applicable User. Any specialized modifications so made shall apply exclusively and only to the User that is a party to such written agreement.
This Policy shall be governed by and construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions thereof.
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