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TopHap Privacy Policy

The privacy of Users who access our Site is very important to TopHap. As such, the Company has formulated this Privacy Policy (the “Policy” or “Privacy Policy”) herein to inform Users about how TopHap intends to collect, use, disclose and protect personal information that is received at, by or in connection with the Site. The Company seeks to handle all applicable personal information of Users in a manner that complies fully with the operative privacy principles and requirements under all applicable United States federal and State privacy laws and regulations.

This Privacy Policy is effective as the date last set forth below (the “Effective Date”). The use of the Site by a User constitutes acceptance of the Policy (and in the case of any updated Policy, the continued use by a User constitutes acceptance thereof). All Users of the Site are subject to and bound by this Policy. You agree to periodically review this Policy to ensure that you are in compliance with any ongoing changes or modifications that are made to the Policy.

If you do not agree with the terms and conditions set forth in the Privacy Policy, then please do not provide us with any information and do not access, browse or use the Site in any form or manner whatsoever.

The Parties

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.

By accessing, browsing and/or using the Site, you expressly agree that you: (a) accept the Privacy Policy, (b) acknowledge that you have read and understood the Privacy Policy, and (c) consent to the use of your personal information pursuant to the Privacy Policy.

The Site

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.

User Information

You agree and warrant that any and all of your personal information provided to us is true and correct, including, but not limited to, your name, physical or electronic mailing address, phone number, fax number and other information requested (and you agree to update the same for the duration of this Policy). You understand that all personal information provided by you to us will be subject to the terms and conditions of our Privacy Policy.

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)

We do use cookies on the Site. A “cookie” is a small electronic file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows the site to recognize your computer. Cookies may store user preferences and other information.

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.

We may use cookies, at our sole discretion, to do any or all of the following: store preferences; record session information; develop information about Site visitors' preferences and interests; record past activity at the Site in order to provide better information when you return to our Site; or customize web page content based on information you voluntarily provide.

You can reset your browser to refuse all cookies or to indicate when a cookie is being sent (e.g. disable cookies in your Internet browser settings). Please consult your web browser’s help function for information on how to refuse or disable cookies. In the event that you disable or refuse cookies, certain features of our Site may not function properly.

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:

We use third parties, such as Google, to help us analyze how people are using the Site. Such third parties are typically authorized to use cookies and other tracking technologies to access personal information of visitors to the Site. Such access to, and use of, personal information by such third parties is governed by their respective and applicable privacy policy.

We also use the Google Analytics Advertising service to provide us with demographic data about our users on an anonymous basis. That Google service uses a cookie that can be recognized by Google or its affiliates when you visit other websites. Such access to, and use of personal information, is governed by Google Analytics’ privacy policy. To view the privacy policy of Google Analytics, please visit http://policies.google.com/privacy for more information.

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:

We may share the information that you provide to us, and the information that we collect about you, with others (including, but not limited to, advertising service providers and advertising networks) to serve you advertisements tailored to your interests or to tailor ads that may be served to you on our Site and other third-party websites (including, but not limited to, on social media networks). You may also see ads for TopHap on other websites and social media because we participate in advertising networks. Advertising networks allow TopHap to target our advertising to you through demographic, behavioral and contextual means. These advertising networks track your online activities over time by collecting information through automated means, including (without limitation) through the use of cookies, web-beacons and other methods. Advertising networks use this information to show you advertisements that they believe are tailored to your interests. The information our advertising network vendors collect includes, but is not limited to, information about your visit to our Site as well as pages you have viewed and the actions you take on the Site.

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

The Company generally uses personal information for the following purposes: (a) identification; (b) establishment and maintenance of our relationship with you, (c) to provide you with ongoing information, news, publications and information, to respond to your requests and inquiries, to fulfill your requests to register for services, use the Site, provide credit card or payment information to us, request publications or other information from us and/or sign up for our newsletters; (d) marketing purposes, such as your Site activity, browsing and usage information and/or your demographic information that you may have voluntarily provided to us, in order to better tailor our marketing activities and to implement and maintain loyalty programs, provided that we do not sell or lease your information to third parties for their marketing activities without your explicit consent (except aggregate information that is generally not personally identifiable); (e) providing information to third-party administrators or other providers necessary to optimize operation of the Site; (f) maintaining business records for reasonable periods, and generally managing and administering our business; (g) meeting applicable legal, regulatory, insurance, security and processing requirements and court or administrative orders; and (h) in connection with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of the Company or our business or assets, including (without limitation) for the purposes of permitting counter-parties to determine whether or not to proceed or continue with any such transaction (provided, that in the event that all or part of the Company or our business or assets is sold, assigned or otherwise disposed of, personal information that we have collected will be used by such parties for substantially the same purposes as described in the Privacy Policy); and (i) otherwise with your consent or as permitted or required by applicable law, rule or regulation.

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):

We might be required to obtain your name and email address as a condition of our licenses with the multiple real estate listing services (the MLSs) in order to allow you to access the full MLS listings. You give us this information when you create your TopHap account. When you give us this information a TopHap account will be created for you and this Privacy Policy and our Terms of Use shall apply to you when you use the Site. In addition, when you are signed in to your TopHap account and using the Site through Facebook, Twitter, or any other third-party authorization service, we may make use of the data that they provide us to further customize your TopHap experience.

Registered users of the Site should also be mindful of the following considerations:

  • Account Profile: You will typically be able to save searches, add favorites and x-outs, and otherwise organize homes that may be of interest to you. We save all of this information in your Account Profile for your use later. It is stored with your account information.
  • Account Password Security: Your TopHap account password is encrypted on our server and is known only to you.
  • Account Updates: By visiting the Account Settings section for your account, you can correct, amend, add or delete personal information associated with your account. However, even after you update information, we may continue to maintain a copy of the original (prior) information in our records.

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.

Notwithstanding the foregoing, we may disclose your personal information without any restrictions thereof: (a) with your consent; (b) as is required under applicable law to meet legal, regulatory, insurance, audit, and security requirements; (b) pursuant to a subpoena or other legal action; (c) where we reasonably believe that disclosure is necessary in order to investigate, prevent, or take action regarding illegal activities or suspected situations involving potential threats to the property rights or physical safety of any person; (d) in connection with the contemplated or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of the Company or our business or assets, including (without limitation) for the purposes of permitting counter-parties to determine whether or not to proceed or continue with any such transaction (provided, that in the event that all or part of the Company or our business or assets is sold, assigned or otherwise disposed of, personal information that we have collected will be disclosed by such parties for substantially the same purposes as described in the Privacy Policy); or (e) in the event of a violation of our Privacy Policy or our terms of use of service regarding the Site.

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)):

We may occasionally share your information with other companies for purposes of marketing TopHap products or services that may be of interest to you. In order to determine the types of information that may be of interest to you, we may combine the information that you give us (and information about your usage of the Site) with other personally identifiable information (such as demographic information and past purchase history) available from our records and other sources. Please note that if you follow a link on our Site to a third-party website, that particular third-party’s applicable privacy policy then governs the collection and use of information that you may provide on that site.

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

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.

Consent may also be given by your authorized representative (such as, for example and without limitation, a legal guardian or a person having a power of attorney). Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in the Privacy Policy, if applicable, or otherwise at the time of collection. You may withdraw your consent to our collection, use and disclosure of personal information at any time by contacting us as indicated below, subject to contractual and legal restrictions and reasonable notice. Please note that if you withdraw your consent to certain uses of your personal information then we may no longer be able to provide you with certain of our products or services.

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.

Access

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.

Links

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.

Please recognize that we do not control these third party sites and the Privacy Policy will not apply to any of these sites. You should consult the applicable privacy policy of each third party site before using such third party linked site, as your personal information will be governed by the privacy policy on such linked site.

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."

Limited Privacy Policy Only

Except as is set forth herein, this Privacy Policy applies only to information collected through our Site and does not necessarily apply to any information collected offline.

Licenses

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.

Information Deletion

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.

Changes to this Privacy Policy

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.

Indemnification

You expressly agree to indemnify and hold harmless the Company and other indemnitees as is provided for in our terms of use and service.

Moreover, the section entitled “Indemnification” in our terms of use and service shall apply to this Policy. You expressly agree to be bound by such provisions with respect to this Policy and the subject matter hereof.

Dispute Resolution

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.

You expressly agree that any controversy, dispute or claim arising out of, relating to, or in connection with, this Policy or the alleged breach thereof, or relating to our activities or services or to us otherwise under this Policy, shall be resolved by confidential binding arbitration in the same manner as provided for in the dispute resolution section of our terms of use and service which govern your use of the Site (i.e. the “Dispute Resolution” section of our terms of use and service).

Contact Us

If you have any questions or other comments with respect to our Privacy Policy, please contact us by writing us at: TopHap Inc., Attn: Legal Notices, 2010 Crow Canyon Place, Suite 100, San Ramon, CA 94583. You may also email us at Legal@TopHap.com

Effective Date

This Privacy Policy was last revised on December 21, 2018.

Copyright © 2018 TopHap, Inc. All Rights Reserved.