ClickCease
Legal

Terms of Use

Category

Terms of Use

Buildout Inc. (“Buildout”) created and maintains this website to provide information about Buildout and its services. You may access and use this website, provided you comply with these terms of use. Note that these Terms of Use do not apply to your use of the Buildout Platform (which is the online software application that enables you to, among other things, customize marketing materials, streamline the listing process, and centralize property information). Your use of the Buildout Platform will be subject to the terms and conditions of a Buildout Platform Services Agreement entered into between you and Buildout, or between the entity on whose behalf you are acting and Buildout. 

Your Acceptance of These Terms of Use

Please take a few minutes to carefully review these terms of use. By accessing and using this website you agree to follow and be bound by these terms of use. If you do not agree to follow and be bound by these terms of use, you may not access, use, or download materials from this website.

These Terms of Use May Change

Buildout reserves the right to update or modify these terms of use at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the terms of use as changed. For this reason, we encourage you to review these terms of use often. These terms of use were last revised on June 17, 2022.

Copyright Notice and Limited License

Unless otherwise noted, Buildout owns all copyright in the content of this website. Buildout hereby grants to you, subject to your compliance will all of the terms and conditions set forth herein, a limited, non-exclusive, revocable, non-sublicensable right to access and view the content on the website for your personal use. You may not use any content on the website for any commercial purpose, except that Buildout grants you the limited right to access and view the content in connection with your commercial dealings with Buildout. 

License Grant/Disclosures Specific to Buildout CRM Users

If you have subscribed to the Buildout CRM Platform (including the legacy REthink platform and legacy Apto platform), Buildout and Salesforce.com will provide you with use of Buildout CRM via a force.com license. Your registration for, or use of, Buildout CRM shall be deemed to be your agreement to abide by the terms of this and any relevant agreement, including any materials available on the Salesforce.com website and incorporated by reference therein. You grant to Buildout permission to access your Salesforce.com instance and a perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use the data therein (and any data provided by you via Buildout CRM in order to provide the platform to you and as necessary to monitor and improve the services provided). 

Salesforce.com alone (and its licensors, where applicable) shall own all right, title, and interest, including all related Intellectual Property Rights, in and to the Salesforce.com and force.com Technology, the content, and platform, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to Salesforce.com and the platform. Buildout shall own all right, title and interest, including all related Intellectual Property Rights, in and to the Buildout CRM Technology, the Content and the services, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Buildout CRM platform.

Individual users, when they initially log in, will be asked whether or not they wish to receive marketing and other non-critical service-related communications from Salesforce.com. Users may opt out of receiving such communications at that time or at any subsequent time by changing their preference under Personal Setup. If you become a paying customer subscribing to the Buildout CRM platform, Buildout and Salesforce.com can disclose the fact that you are a paying customer and the edition of the platform you are using. 

Trademark Notice

All of the trademarks, service marks and logos displayed on this website (the "Trademarks") are registered and unregistered trademarks of Buildout, or third parties who have licensed their Trademarks to Buildout. Except as expressly stated in these terms of use, you may not reproduce, display, or otherwise use any Trademark without first obtaining Buildout's written permission.

Unsolicited Ideas

Buildout welcomes your comments and feedback regarding this website. All information and materials, including comments, ideas, questions, designs, and the like, submitted to Buildout through this website will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. For this reason, we ask that you not send us any information or materials that you do not wish to assign to us, including any confidential information or any original creative materials such as product ideas, computer code, or original artwork.

By submitting information or materials to Buildout through this website, you assign to Buildout, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in the information or materials you submit. Buildout will be entitled to use any information or materials you submit through this website for any purpose whatsoever, without restriction and without compensating you in any way.

Links to Other Websites

This site may contain hyperlinks to websites that are not operated by Buildout. These hyperlinks are provided for your reference and convenience only, and do not imply any endorsement of the material on these third-party websites or any association with their operators. Buildout does not control these websites and is not responsible for their content. These third-party websites (and the websites to which they link) may contain information that is inaccurate, incomplete, or outdated. You access and use these websites (and the websites to which they link) solely at your own risk.

Applying for Jobs 

We provide access to a third party platform via the website through which you may apply for jobs with Buildout. You acknowledge and agree that your submission of such information will be in accordance with the terms and conditions and privacy policies of such third party platform(s) as amended from time to time. We currently utilize the services of Greenhouse for the receipt of application information. The current terms and conditions and privacy policy for Greenhouse’s services are found at: https://www.greenhouse.io/legal. You acknowledge and agree that you have read, understood, and agree to these third party terms and conditions and privacy policy. The website may contain other information about potential employment with us, and your rights and obligations thereunder. Such additional information is hereby incorporated by reference into these terms of use. 

LIMITATION OF LIABILITY

YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES, SHALL BUILDOUT, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR YOUR RELIANCE ON ANY INFORMATION PROVIDED ON THIS WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS AND EVEN IF AN AUTHORIZED REPRESENTATIVE OF BUILDOUT OR ITS AFFILIATES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BUILDOUT AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

Disclaimers

Buildout makes no guarantees concerning the currency or accuracy of information available on or through this website. The website and all content is provided AS-IS and WITH ALL FAULTS, and without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

Local Laws and Export Control

This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and the European Union. The user of this site (“User”) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States, Switzerland and/or the European Union maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Table of Denial Orders (collectively, “Designated Nationals”). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required. This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000.  Buildout CRM and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, Switzerland and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States, Swiss or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.

Governing Law and Jurisdiction

These terms of use will be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Cook County, Illinois. Both parties agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.

Entire Agreement

These terms of use constitute the entire agreement between you and Buildout with respect to your access to and/or use of this website.

Buildout Privacy Policy

Last updated August 3, 2023 and effective as of August 9, 2023

I. INTRODUCTION

Buildout Inc. (collectively, “Buildout,” “we,” “us,” or “our”) is committed to respecting your privacy when visiting our website. This Privacy Policy (“Privacy Policy”) is designed to help you understand how Buildout collects, uses, and discloses your Personal Information that is shared with us and collected offline or when you access or use our website www.buildout.com (the “Website”) or our mobile application (collectively with the Website, the “Services”), whether accessed via computer, mobile device or otherwise. This Privacy Policy does not describe information collection policies and practices of websites and platforms that we do not provide, including those linked to or integrated with the Website.

Please read this Privacy Policy carefully. By accessing or using our Services you consent to our collection, use, sale, sharing, and disclosure of your Personal Information as described in this Privacy Policy. If any term in this Privacy Policy is unacceptable to you, please do not use our Services or provide us with any Personal Information.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. Any changes or updates will be effective immediately upon posting to the Services. You are responsible for periodically monitoring and reviewing any updates to this Privacy Policy. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect, so please check this Privacy Policy periodically for updates.

Residents of California, Colorado, Connecticut, Utah and Virginia have additional rights. California residents should click here to learn more. Colorado, Connecticut, Utah and Virginia residents should click here to learn more.

II. PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT

For the purposes of this Privacy Policy, “Personal Information” means any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual. The categories of Personal Information we collect depend on how you interact with us, our Services, and the requirements of applicable law.

A. Personal Information You Provide to Us Directly

We collect the following information you provide to us:

  • Contact Information.  When you connect with us such as to request more information about our products or Services, we collect certain contact information you provide such as your first and last name, e-mail address, phone number and similar identifiers. We also collect other information, including in the context of your business relationship with us, such as certain employment-related information including professional postal address, role, and information related to preferences and property listings.   
  • Communication Information. We also collect records and copies of your correspondence (including e-mail addresses) if you contact us, such as when you report a problem with our Services.
  • User Account Information. When you register an account with us, we collect information such as your account login credentials. 
  • Billing Information. When you purchase one of our products, we also collect your billing information such as your name, postal address, e-mail address, and payment card information. When you provide your payment information, we transmit the payment via an encrypted connection to a third-party credit card processor. Buildout does not collect or store your full credit card details. 
  • Other Information. We may collect other Personal Information we specifically request, or you voluntarily provide.

Should you submit any information through our Services, you warrant that you are authorized to submit this information and in the event that you request Buildout to move or otherwise transfer your data (i.e., from one system/account to another), you warrant that you have the authority to submit such a data transfer request.

B. Cookies, SDKs and Other Technologies

From time to time when you use our Services, we may collect certain information such as the IP address of your computer or network connection. We may also collect other information such as the time and date of your visit to our Services, the pages and other content that you access, the number of times you return to our Services, and other information that your browser sends whenever you visit or use our Services. In case of cross-account access, we may also receive information about you from third-party service providers such as Google or Microsoft.

Depending on whether you use our Website or App, this process may involve the placement of a small, removable text file (commonly referred to as a “cookie”) on your computer's hard drive, software development kits (“SDKs”), web beacons, web server logs, and similar technologies. SDKs are a set of tools that provides a developer with the ability to build a custom application which can be added on, or connected to, another program. SDKs allow us to develop our App. We may integrate into the Services technology provided by third parties (e.g., Google Analytics and ChurnZero) to accomplish this information collection. We also collect information processed through social media plugins on our Services, and if required by law, we enter into appropriate agreements with the social media plugin service providers. Social networks are able to retrieve Personal Information through those plugins, even if you do not interact with them. We encourage you to read their applicable privacy policies and data protection notices to learn more about them.

Cookies are small files that are placed onto your device (e.g., computer, smartphone or other electronic device) that store information when you visit a website. Pixel tags (also called web beacons, clear gifs, or tags) are a similar technology that consists of small images or snippets of code that can help the website owners learn how you interact with websites and emails. Some cookies allow us to make it easier for you to navigate our Services, to deliver relevant local resources, remember browser preferences, and improve your experience on our Services. 

Depending on the location of the users, we use first and third-party cookies, including functional cookies and analytics cookies. For more information on cookies, please see Section VIII for Californian users and Section X for EU users. Functional cookies are necessary to enable your visit to our Services. These are first-party session cookies which exist only during an online session. They are typically deleted from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Services.

We use first and third-party analytics cookies to facilitate and improve the use of our Services. These are persistent cookies, which remain on your computer after you have closed your browser or turned off your computer. We use these cookies to track aggregate and statistical information about your activity. We, and our third-party service providers, also use these cookies and similar technologies to analyze trends to track information about your use of our Services and gather demographic information about our user base as a whole. We may combine this information with other information we collect from you (and our third-party service providers may do so on our behalf).

We use Google Analytics on our Services to collect usage data, to analyze how you use the Services and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

We may also use Facebook and Twitter remarketing service to inform, optimize, and serve advertisements based on your past visits to our Services. You can opt out of Twitter’s interest-based ads by following their instructions: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads. You can opt out of Facebook’s interest-based ads by following these instructions from Facebook: https://www.facebook.com/help/568137493302217.

You can control the use of cookies at the individual browser level. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You can also control the use of analytics cookies via our cookie banner. If you disable cookies, you will be able to browse certain areas of our Services, but some features may not function.

III. HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION

We may collect, use, or disclose information about you, including Personal Information, to third parties for a variety of business purposes, as described below.

  • To provide our Services and their contents to you, including in the context of your business relationship with us. 
  • To perform our contractual obligations.
  • To brokers in connection with our Services.
  • To fulfill or meet the reason you provided the information (e.g., to respond to your email or request for information).
  • To analyze user behavior. We may disclose such analyses to third parties in the form of aggregate or anonymized data.
  • To fulfillment providers for physical mailing, email deployers, technical providers of data storage, back end service providers, brokers of the property listings, and social media network providers. Where appropriate, we will enter into written agreements governing the processing and confidentiality of personal data by third parties.
  • To our authorized staff members. Our staff members have received training concerning the security and maintaining the confidentiality of such information and committed themselves to confidentiality. 
  • To a successor organization in the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion our assets. The successor organization’s use and disclosure of your information will continue to be subject to this policy unless (i) a court orders otherwise, for example a bankruptcy court; or (ii) the successor organization gives you notice that your information will be subject to the successor organization’s own policy, along with an opportunity for you to opt out (which may cause you not to be able to continue to use our Services). If you submit information after such a transfer, that information may be subject to the successor entity’s policy.
  • If we have a good-faith belief that we are permitted or required to do so by law or legal process, to respond to legal claims, or to protect our rights, property or safety or the rights, property or safety of others. 
  • For any other purpose disclosed by us when you provide the information or with your consent.

IV. THIRD-PARTY WEBSITES

Our Services may contain links, features, components, or other interactive tools supplied by third parties and third parties may reference or link to our Services. Please be aware that you are providing your Personal Information to these third parties and not to Buildout. This Privacy Policy does not apply to these third-party websites. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing Personal Information to third-party websites or applications is at your own risk. BUILDOUT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.

V. CHILDREN’S PRIVACY

Our Services are not directed at children under the age of 16. We do not knowingly collect any information from children under the age of 16, and any such disclosure is strictly prohibited. If you are a parent or guardian and believe your child has uploaded Personal Information to our Services without your consent, you may contact us as described in Section VII below. If we become aware that a child has provided us with Personal Information in violation of applicable law, we will delete any Personal Information we have collected, unless we have a legal obligation to keep it.

VI. DATA SECURITY

Buildout takes reasonable precautions to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot guarantee the security of any information you provide to us, and you do so at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of Personal Information.

VII. CONTACT INFORMATION

Should you have any questions or concerns about this Privacy Policy or any of its provisions, contact us by phone at 888-803-2343 or email at privacy@buildout.com.

VIII. SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS

If you are a resident of California, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA) (Civil Code Section 1798.100, et seq.) (collectively, “California Law”) and “Shine the Light” laws provide you with additional rights regarding your Personal Information. This Supplemental Notice for California Residents supplements this Privacy Policy and applies solely to eligible residents of the State of California (“consumers” or “you”) as of January 1, 2023. 

Any terms used but not defined in this section have the same meaning as defined in California Law. In this section, Personal Information mean information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This notice takes precedence over the Privacy Policy with respect to your Personal Information for California residents if there is a conflict between the two.

A. Information We Collect

Depending on how you have interacted with us and our Services, we may have collected certain information within the following categories of Personal Information from you in the last twelve (12) months. The categories below are those identified under California Law. 

  • Identifiers: Such as your name, postal address, Internet Protocol (IP) address, unique personal identifiers, online identifiers, email address, telephone number, account name, or other similar identifiers. Under California Law, “unique identifiers” or “unique personal identifier” means a persistent identifier that can be used to recognize a consumer, a family, or a device that is linked to a consumer or family, over time and across different services.
  • Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)): Such as employment and employment history and financial account information.
  • Commercial information: Such as records of personal or real property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
  • Internet or other electronic network activity information: Such as your browsing history, search history, time spent on our Services, date and time of access, number of visits to our Services, and information regarding interactions with an Internet website, application, or advertisement.
  • Inferences drawn from other Personal Information: Such as inferences drawn from the above information that may reflect your preferences, characteristics, predispositions, behavior, attitudes, or similar behavioral information.

Please note that some of the categories of Personal Information described in California Law overlap with each other; for instance, your name is both an identifier and a type of data described in Cal. Civil Code 1798.80(e).

B. Disclosures of Your Personal Information

In the previous twelve (12) months, depending on how you have interacted with us and our Services, we may have disclosed Personal Information for a business purpose to the categories of third parties indicated in the chart below.

Category of Personal Information Collected by Buildout
Categories of Sources of Collection
Business or Commercial Purpose for Use
Categories of Third Parties To Whom Personal Information Is Disclosed for a Business Purpose

Identifiers and categories of Personal Information in Cal. Civ. Code Section 1798.80(e)

Directly from you when engaging with our Services

  • Registration on our Services 
  • Provide our Services, including  to establish, maintain, and manage our business relationship with you  
  • Customer service
  • Improve our Services
  • Analytics 
  • Marketing
  • IT service providers
  • Brokers
  • Marketing or analytics service providers
  • Social media partners
  • Government or law enforcement

Internet or other electronic network activity information

Indirectly from you by observing your interactions with our Services through cookies and third party analytics tools

  • Improve our Services
  • Analytics
  • Marketing
  • IT service providers
  • Marketing or analytics service providers
  • Social media partners

Geolocation data

Indirectly from you by observing your interactions with our Services through cookies and other automatic technologies

  • Improve our Services
  • Analytics
  • Marketing
  • IT service providers
  • Marketing or analytics service providers

Inferences drawn from Personal Information

Indirectly from you by observing your interactions with our Services

  • Improve our Services 
  • Analytics
  • IT service providers
  • Analytics service providers
  • Social media partners
Category of personal information collected

Identifiers and categories of personal information in Cal. Civ. Code Section 1798.80(e)

Name, email address, postal address, employment, and IP address

Categories of sources of collection

Directly from you when engaging with our Platform

Business or commercial purpose for use

  • Platform registration
  • Provide our Platform and services
  • Customer service
  • Improve our Platform and services
  • Analytics 
  • Marketing

Categories of third parties with whom personal information is shared

  • IT service providers
  • Marketing or analytics service providers
  • Social media partners
  • Government or law enforcement
  • Other users of the Platform, provided you have opted-in to certain features (for example, the Boost feature).
Category of personal information collected

Professional or employment-related information

Business contact information, job role

Categories of sources of collection

Directly from you if you choose to provide this information or third party providers

Business or commercial purpose for use

  • Services registration
  • Provide our services
  • Marketing

Categories of third parties with whom personal information is shared

  • IT service providers
  • Marketing or analytics service providers
Category of personal information collected

Inferences drawn from personal information

Demographic information and behavior

Categories of sources of collection

Indirectly from you by observing your interactions with our Platform

Business or commercial purpose for use

  • Improve our Platform and services
  • Analytics

Categories of third parties with whom personal information is shared

  • IT service providers
  • Analytics service providers
  • Social media partners
C. “Sales” or “Sharing” of Personal Information under California Law

Buildout does not sell your Personal Information for direct, monetary profit. However, we do engage in certain information disclosure activities as described in the Section above titled “Disclosure of Your Personal Information” that may be considered “sales” or “sharing” under California Law. For instance, our Services may include social media plug-ins (such as the Facebook like button), widgets (such as the “Share” button), cookies or other tools made available by third parties, such as social media companies, that may result in information being collected or disclosed between us and the third parties for various purposes, including to select and serve personalized advertisements to you and others. These third parties may set and access their own cookies, web beacons, and embedded scripts on your device, and they may otherwise collect or have access to information about you, including unique personal identifiers such as an IP address, and they may disclose that information to us. Your interactions with these third parties are governed by the third parties’ privacy policies.

In the previous twelve (12) months, we have sold or shared the following Personal Information:

Category

Business or Commercial Purpose

Categories of Third Parties to Whom Personal Information was Disclosed That May be Considered a “Sale/Sharing” Under California Law

Identifiers

  • To provide our Services
  • To provide you with personal advertising and content
  • Brokers
  • Advertisers and advertising networks, including social media companies

Internet or other electronic network activity information

  • To provide you with personal advertising and content
  • Advertisers and advertising networks, including social media companies

Geolocation data

  • To provide you with personal advertising and content
  • Advertisers and advertising networks, including social media companies


Buildout does not knowingly sell or share Personal Information of consumers under 16 years of age.

D. California Law Privacy Rights

Under California Law, California residents have the following rights, which can be exercised directly or in certain cases, through an authorized agent (as discussed below):

  • Right to Know and Access Your Information: You have the right to request information about our collection, use, and disclosure of your Personal Information concerning: 
  • The specific pieces of Personal Information we have collected about you;
  • The categories of Personal Information we collected about you;
  • The categories of sources from which Personal Information was collected;
  • The business or commercial purpose for collecting, selling or sharing Personal Information; 
  • The categories of third parties to whom we disclosed the category of Personal Information for a business purpose.

Please note that we may still use aggregated and de-identified Personal Information that does not identify you or any individual.

  • Right to Delete: You have the right to request that we delete certain Personal Information about you that we have collected from you. We may not be able to fulfill your request if we (or our service providers) need to retain your Personal Information for certain authorized purposes, such as to provide a good or service you requested, to secure our services, to protect against fraud, to improve our services, or to comply with or exercise rights under applicable law.
  • Right to Correct Inaccuracies: You have the right to request that we correct any inaccuracies in the Personal Information that we maintain about you.
  • Right to Non-Discrimination: You have the right not to receive discriminatory treatment by Buildout (e.g., through denying goods or services, charging different rates for goods or services, or providing a different level or quality of goods or services) for choosing to exercise any of your rights under California Law. 
  • Right to Opt-Out of Sales or Sharing of Personal Information: As described above, we do engage in certain information disclosure activities that may be considered “sales” or “sharing” under California Law. If Buildout sells or shares your Personal Information to third parties, you may have the right to opt out of the sale or sharing of such information. To exercise the right to opt-out, you (or your authorized agent) may submit a request to us by visiting the “Do Not Sell or Share My Personal Information” link below. If you have an opt-out preference signal enabled (e.g., the Global Privacy Control), you will automatically be opted out of the sale or sharing of your information, but we may ask you to confirm your preference if you have previously consented to the sale or sharing of your Personal Information. Please also note that that if you have an account with us, but are not logged into your account, we may not be able to associate the browser or device information connected to your opt-out preference signal with you. If you would like for us to make this connection, you may submit additional information to us through the interactive webform linked above and in the “Do Not Sell or Share My Personal Information” link at the bottom of our Website. 

To download and use a browser supporting the opt-out preference signal, please visit https://globalprivacycontrol.org/orgs. If you choose to use the opt-out preference signal, you will need to enable it for each supported browser or browser extension you use.

Please note that the deletion of your Personal Information or opting out of the sale or sharing of your Personal Information may impair some features and functionality of the Services, including the possible deletion of your account and delisting of your listings.

E. How to Exercise Your Privacy Rights

To exercise privacy rights as described above, please submit a verifiable consumer request by:

F. Verifiable Consumer Requests

To exercise your right to know, access, delete, or correct your Personal Information as described above, we may take reasonable steps to verify your identity or authority to make the request and confirm the Personal Information relates to you. 

Only you, your parent, guardian (if you are under 13 years or age), conservator, a person to whom you have given power of attorney pursuant to California Probate Code sections 4000 to 4465, or an authorized agent may make a verifiable consumer request related to your Personal Information. You may, however, make a verifiable consumer request on behalf of your minor child if necessary. If an authorized agent makes the request on your behalf, then (i) we will need proof that you have provided the agent with power of attorney; (ii) you must provide the agent with signed permission to submit a request to access or delete; (iii) you must verify your identity directly with us; or (iv) you must confirm with us that you provided the authorized agent permission to submit the request. 

We will ask you to provide certain information to verify your identity or authority to make the request: name, email address, and telephone number. Your verifiable consumer request must provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized agent. We cannot respond to your request if we cannot verify your identity or authority to make the request. You may only make a verifiable consumer request for your right to access twice within a 12-month period.

Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

G. Response Timing and Format

We attempt to respond to a verifiable consumer request within 45 days after we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within 45 days after we receive your initial request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding the date we receive the verifiable consumer request. The response we provide will also provide the reasons we cannot comply with a request, if applicable. For access 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.

H. Data Retention

We may retain all categories of your Personal Information described above for as long as needed to carry out the purposes described herein or as otherwise required by applicable law. Unless we are required or permitted by law to keep your Personal Information for a longer period of time, when your Personal Information is no longer necessary to carry out the purposes for which we process it, we will delete your Personal Information or keep it in a form that does not permit identifying you. When determining the retention period, we take into account various criteria, such as the nature of the use of the Services, your general relationship with us, the impact on our ability to provide you the Services if we delete your Personal Information, mandatory retention periods provided by law and the statute of limitations, and our use of your Personal Information for aggregated market research.

I. Do Not Track

Some internet browsers – like Internet Explorer, Firefox, and Safari – include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform signals have not been adopted, we do not currently process or respond to “Do Not Track” or “DNT” signals.

J. California’s Shine the Light Law

Under California Civil Code Section 1798,83, California residents with an established business relationship with us can request information once a year about sharing their Personal Information with third parties for the third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us as described in Section VII.

IX. SUPPLEMENTAL NOTICE FOR ELIGIBLE RESIDENTS OF COLORADO, CONNECTICUT, UTAH AND VIRGINIA

Eligible residents of Colorado, Connecticut, Utah and Virginia also have rights with respect to the Personal Information that Buildout collects about you. This Colorado, Connecticut, Utah, and Virginia Privacy Rights section supplements this Privacy Policy and applies solely to eligible residents of Colorado, Connecticut, Utah and Virginia. Any terms not defined in this section have the same meaning as defined under applicable Colorado, Connecticut, Utah and Virginia privacy law, including the Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act and Virginia Consumer Data Protection Act. Subject to certain exceptions, if you are an eligible resident of one of these states, you have certain privacy rights which may include, depending on your state of residency:

  • Right to Access: You have the right to confirm whether Buildout processes your Personal Information and access such Personal Information. You also have the right to obtain your Personal Information in a portable, and to the extent reasonable feasible, readily usable format that you can transmit without hinderance. 
  • Right to Delete: You have the right to request that Buildout delete the Personal Information you have provided to us or that Buildout has otherwise obtained about you. 
  • Right to Correct: You have the right to request that Buildout correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and the purposes of the processing of your Personal Information.
  • Right to Opt Out: You have the right to opt out of the processing of your Personal Information for the purposes of (i) targeted advertising, (ii) the sale of your Personal Information and (iii) profiling in furtherance of decisions, including, for eligible residents of Connecticut, solely automated decisions, that produce legal or similarly significant effects. 
  • Right to Appeal: You have the right to appeal Buildout’s decision with regard to your request to exercise any rights described herein.

To exercise the rights described above, please submit a consumer request to us by: 

X. ADDITIONAL INFORMATION FOR USERS IN THE EU

A. Data Controller

Buildout, Inc., with registered offices at 222 S Riverside Plaza #810, Chicago, IL 60606, United States, legal@buildout.com, collects and processes your personal data as a data controller within the meaning of the EU General Data Protection Regulation (“GDPR”) when you use our Services. Personal data means any information relating to an identified or identifiable natural person, such as a name, contact details, an online identifier such as an IP address, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

B. Processing of Personal Data, Legal bases and Purposes

We process your personal data for the following purposes:

Categories of personal data processed
Purpose(s)
Legal basis 

Information you submit to us (e-mail address, phone number, professional postal address, name, role, user account information and business relationship information, including information related to preferences and property listings)

  • Provide our Services
  • Creation and management of user account
  • Verification of user identity
  • Customer service

Our legitimate business interest to run and develop our commercial operations

Handle claims, dispute, litigation and any other proceedings

Our legitimate interest to defend our legal interests

Comply with legal obligations and performance of compliance checks

Compliance with applicable law or regulatory requirements

Managing our transactions (including but not limited to merger, acquisition, divestiture or liquidation)

Our legitimate interest to conduct business dealings

Data anonymization to collect and analyze market trend information

Our legitimate interest to understand the market and to improve our business

Job applicant data (e.g., employment information, personal certifications and affiliations, job application)

To communicate with you about your job application and to determine your qualifications for job positions

Our legitimate interest to hire staff

Personal data collected via functional cookies (e.g., your preferences)

Enabling you to visit and use our Services

Our legitimate business interest to run and develop our commercial operations

Personal data collected through the use of social media plugins (e.g., your preferences, demographic data)

Benefiting from social media-related analytics

Our legitimate interests to develop commercial activities and improve our products and services

Category of personal data processed

Information you submit to us (e-mail address, phone number, professional postal address, name, role, user account information and business relationship information, including information related to preferences and property listings)

Purpose

  • Provide our Platform and services
  • Creation and management of user account
  • Verification of user identity
  • Customer service

Legal basis

Our legitimate business interest to run and develop our commercial operations

Purpose

Handle claims, dispute, litigation and any other proceedings

Legal basis

Our legitimate interest to defend our legal interests

Purpose

Comply with legal obligations and performance of compliance checks

Legal basis

Compliance with applicable law or regulatory requirements

Purpose

Managing our transactions (including but not limited to merger, acquisition, divestiture or liquidation)

Legal basis

Our legitimate interest to conduct business dealings

Purpose

Data anonymization to collect and analyze market trend information

Legal basis

Our legitimate interest to understand the market and to improve our business

Category of personal data processed

Job applicant data (e.g., employment information, personal certifications and affiliations, job application)

Purpose

To communicate with you about your job application and to determine your qualifications for job positions

Legal basis

Our legitimate interest to hire staff

Category of personal data processed

Personal data collected via functional cookies (e.g., your preferences)

Purpose

Enabling you to visit and use our Platform

Legal basis

Our legitimate business interest to run and develop our commercial operations

Category of personal data processed

Personal data collected through the use of social media plugins (e.g., your preferences, demographic data)

Purpose

Benefiting from social media-related analytics

Legal basis

Our legitimate interests to develop commercial activities and improve our products and services

C. International Transfers of Personal Data

We store information about you within the United States and in Germany. As a US-based company, to facilitate our operations, we may transfer your information to the United States, and to other countries where our trusted third-party vendors may reside. Such transfers may happen only provided that appropriate safeguards are put in place. [We have implemented international data transfer agreements based on EU Standard Contractual Clauses to cover our international data transfers. A copy of these clauses may be obtained by contacting legal@buildout.com.]

D. Retention of Personal Data

We will retain personal data as long as necessary for the purpose for which the data was initially collected or otherwise processed, subject to applicable local retention requirements.

In the event the legal basis for the processing of the personal data is consent, we will erase your personal data when you withdraw your consent.

E. Your Rights Under GDPR

You have the right to request access to your personal data and the right to rectify your personal data which are incorrect and/or incomplete. In certain circumstances, you have the right to erasure, the right to data portability, the right to object to and the right to restrict the processing of your personal data. You also have the right to withdraw your consent at any time and free of charge, with effectiveness for the future. You have the right to lodge a complaint with the appropriate European Union supervisory authority.

To exercise your rights or for further information concerning your rights, please contact legal@buildout.com.

Changes to This Policy

We reserve the right to change or update this policy, or any policies or practices, at any time without notice to you. Any changes or updates will be effective immediately upon posting to the Platform.

Buildout Privacy Notice for Prospective California Employees

Effective Date: July 11, 2023

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of Buildout Realty Corporation (the “Company”, “Buildout”, “we”, “us”, or “our”).  This Privacy Notice (“Privacy Notice” or “Notice”) applies solely to persons who have applied for or sought employment with the Company and who reside in the State of California (“Prospective California Employees” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), and other California privacy laws (collectively “California Law”). Any terms defined in the CCPA and CPRA have the same meaning when used in this Notice.

I. Information We Collect from Prospective California Employees

During the time you are a prospective employee, we collect and maintain different types of personal information (“Personal Information”), which is information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Prospective California Employee, about you relating to your prospective employee relationship with the Company. In particular, we have collected the following categories of Personal Information from Prospective California Employees:

Category

Examples

A. Identifiers

This category may include name, postal address, unique personal identifiers (such as employee ID number), online identifiers, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

B. Personal Information Categories Listed in the California Customer Records Act (Cal. Civ. Code § 1798.80(e))

This category may include name, signature, Social Security number, physical characteristics, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education or employment information, financial account numbers (such as your banking information and payment card information), medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.

C. Protected Classification Characteristics under California or Federal Law

This category may include age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex and gender information, veteran or military status, or genetic information.

D. Professional or Employment-related Information

This category may include current or past job history, income and wage information, job title, emergency contacts, dependents’ Personal Information, beneficiaries’ Personal Information, personal references, timesheets, and references related to your previous employment.

E. Non-public Education Information

This category may include education records directly related to a student maintained by an educational institution or party acting on its behalf. Such records may include grades, transcripts, schedules, and student ID numbers.

F. Inferences Drawn from Other Personal Information

This category may include inferences drawn from the above information that may reflect your preferences, characteristics, predispositions, behavior, attitudes, or similar behavioral information.

II. How We Collect Personal Information

We collect information that you give us directly when you complete your employment paperwork during the onboarding process, in certain contexts, enroll in employee benefits, or when you otherwise interact with us and provide Personal Information in the context of your employment. 

Depending on the context of your interaction with us, we may collect information about you from our service providers with whom you provide your Personal Information, such as recruiters and third-party referrals.

III. Use of Personal Information

We may use your Personal Information for the following purposes:

  • Job Applications: We use your Personal Information to process your job application you submit to us, to communicate with you, to verify employment references and referrals, to make employment decisions, to perform background screenings, to effectively process expense reimbursement requests, and to establish and manage your employment relationship with the Company. 
  • Monitoring and Compliance: We use your Personal Information to maintain internal recordkeeping and oversight of the Company’s hiring decisions, and to comply and monitor compliance with internal policies and applicable state and federal labor, employment and wage and hour laws, such as laws related to benefits, workers’ compensation, disability, equal opportunity, and workplace safety.

IV. Disclosure of Personal Information

We may disclose the information we have collected about you, including Personal Information, as disclosed at the time you provide your information, as described herein and in the following circumstances:

  • Service Providers: We may disclose your Personal Information with service providers, such as recruiters, pre-employment screening services, background check providers, and others. 
  • When You Agree to Receive Information From Third Parties: You may be presented with opportunities to receive offers or information directly from third parties. If you agree to have us disclose your Personal Information, we will disclose your Personal Information to such third parties. Please be advised that the third party’s own privacy policy may apply to its use of your Personal Information. If you decide that you no longer want to receive communications from a third party, you agree to contact that third party directly.
  • Administrative and Legal Reasons: We may transfer and disclose your information, including Personal Information, to third parties: (i) to respond to subpoenas or other legal process or if in our opinion such disclosure is required by law; (ii) at the request of governmental authorities conducting an investigation; or (iii) to protect the personal safety, rights, property or security of any individual.
  • Business Transfer: We may disclose Personal Information with our subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all information including, without limitation, your Personal Information in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of the Company’s stock and/or assets or other corporate change, including, without limitation, during the course of any due diligence process.
  • Professional Financial and Legal Advisors: We may need to disclose Personal Information with our professional advisors, which includes lawyers, auditors, bankers, or other professional consultants for business purposes.

V. Selling and Sharing of Personal Information

We have not sold or shared Personal Information of our Prospective California Employees as those terms are defined by California Law. We will continue to not sell or share Personal Information of our Prospective California Employees; however, we may disclose your Personal Information as described in the Section above titled “Disclosure of Personal Information.”

VI. Data Retention

We may retain all categories of your Personal Information described above for as long as needed to carry out the purposes described herein or as otherwise required by applicable law. Unless we are required or permitted by law to keep your Personal Information for a longer period of time, when your Personal Information is no longer necessary to carry out the purposes for which we process it, we will delete your Personal Information or keep it in a form that does not permit identifying you. When determining the retention period, we take into account various criteria, such as the nature and length of your employment relationship with us, the impact on our ability to provide employment services if we delete some Personal Information from or about you, mandatory retention periods provided by law and the statute of limitations, and our use of your Personal Information for aggregated market research.

VII. Changes to Our Privacy Notice

We reserve the right to amend this Privacy Notice at our discretion and at any time and will post the date it was last updated at the top of the Privacy Notice. We (or the recruiter that you are working with) will provide additional notice to you if we make any changes that materially affect your privacy rights.

VIII. Contact Information

For more information regarding our privacy practices, please visit our Privacy Policy. If you have any questions or comments about this Notice, the ways in which we collect and use your Personal Information, your choices and rights regarding such use, or wish to exercise your rights under California Law, please contact us at privacy@buildout.com.