Terms of Use

‍Last updated July 28, 2022

Buildout is committed to respecting your privacy when visiting our website and using our services. This policy covers the treatment of information we collect when you visit or use our website found at buildout.com, or access and use our software platform (the “Platform” as referenced herein), whether accessed via computer, mobile device, or otherwise. This 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 Platform.

Residents of California have additional rights. California residents should click here to learn more.

Information We Collect

We collect information about you which you choose to submit to us, such as your 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. From time to time 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, the pages and other content that you access, the number of times you return to our Platform, and other information that your browser sends whenever you visit our Platform. This process may involve the placement of a small, removable text file (commonly referred to as a “cookie”) on your computer's hard drive. We may integrate into the Platform technology provided by third parties (e.g., Google Analytics and Totango) to accomplish this information collection. We also collect information processed through social media plugins on our Platform, 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 and data protection notices to learn more about them.

Should you submit any information through our Platform or 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.

How We Collect Personal Information & the Use of Cookies

We collect information directly submitted by you and may collect the types of information outlined above through cookies and other technologies. In case of cross-account access, we may also receive information about you from third party service providers such as Google or Microsoft. 

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 Platform and services, to deliver relevant local resources, remember browser preferences, and improve your experience on our Platform. 

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 4 for Californian users and Section 5 for EU users. Functional cookies are necessary to enable your visit to our Platform. 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 Platform or using a service. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Platform.

We use first and third party analytics cookies to facilitate and improve the use of our Platform. 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 Platform 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 Platform to collect usage data, to analyze how you use the Platform 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 Platform. 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 cookies via our cookie banner. If you disable cookies, you will be able to browse certain areas of our Platform, but some features may not function.

With Whom We Share Your Personal Information

We may disclose information about you to third parties if we have a good-faith belief that we are 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. 

We may also use information we collect to analyze user behavior and may disclose such analyses to third parties in the form of aggregate or anonymized data.  

Other recipients of information about you may include 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.

We also share information about you with 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. 

We may disclose information about you 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 Platform). If you submit information after such a transfer, that information may be subject to the successor entity’s policy.‍

Social features of our Platform
If you provide information in any social feature of our Platform or to any other party through our Platform to receive support or to get connected with other users  you should be aware that your information may then be made available to others.‍

Children’s information
Our Platform is not directed at children under the age of 16. We do not collect any information from children under the age of 16, and any such disclosure is strictly prohibited. ‍

Security
The security of your information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. If you contact us by e-mail, you should be aware that e-mail transmissions might not be secure. Information you send by e-mail could be viewed in transit by a third party. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during transmission. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.

Additional Information for California Residents about California Privacy Rights

If you are a California resident, the California Consumer Privacy Act (“CCPA”) requires us to make certain disclosures about our personal information practices and provides you additional rights related to our collection and use of your personal information.‍

A.  Notice of Collection
‍We collect the following categories of personal information about you for the following business or commercial purposes.

We do not sell, trade, or rent the personal information of California residents. In certain limited circumstances through the use of features of the Platform (for example, the Boost feature) we may provide your user information to other users of the Platform, as you have consented when signing up to use the Platform.

In the event of a sale, merger, consolidation, change in control, transfer of all or a substantial portion of our assets, reorganization, or liquidation, we may transfer, sell, or assign to third parties information concerning your relationship with us, including, without limitation, any and all categories of personal information that we have collected about you in accordance with applicable law. We also may disclose this information in connection with the due diligence for any such transaction. Any acquirer or successor may continue to use your information as set forth in this Privacy Policy. 

B.  California Privacy Rights
‍If you are a resident of California, the CCPA provides you with the following rights regarding your personal information: 

Right to Know and Access Your Information: You have the right to request information about our collection, use, and disclosure of your personal information over the past twelve (12) months concerning: 

• The specific pieces of personal information we have collected about you
• The categories of personal information that we have collected about you
• The categories of sources from which we collected the personal information
• The purpose for collecting or selling the personal information
• The categories of personal information that we have disclosed about you, the purpose for disclosing such personal information and the categories of third parties with whom we disclosed such personal information
• The categories of personal information that we have sold about you, as well as the categories of third parties to whom we sold such personal information

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

Right to Deletion: You have the right to request that we delete certain personal information about you that we have collected about 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 Non-Discrimination: You have the right not to receive discriminatory treatment against you (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 exercising any of your rights under the CCPA.

How to Exercise Your Access and Deletion Rights. To exercise your access and deletion rights as described above, please submit a verifiable consumer request by contacting us at privacy@buildout.com.

Verifiable Consumer Requests. Only you, or your agent registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may only make a request for access to your personal information twice within a 12-month period. We may need to verify your identity (and if applicable, your agent’s authority to make the request on your behalf) before we are able to process your request. We will ask you to provide certain information to verify your identity: name, email address, and telephone number. 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.

You must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information. During the verification process, we will try to match the information you provided against known information in our databases. If we still need additional information, we also may contact you or your authorized agent by email or telephone number to ask you additional questions about the services we last provided to you, so that we can match your identity with the personal information we have about you. In some instances, we may ask you to declare under penalty of perjury that you are a consumer whose personal information is the subject of the request. 

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. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

If we cannot verify your identity or sufficiently differentiate you from another consumer, or cannot confirm an agent’s authority to act on your behalf, we are not required to fulfill your request.

Your request must contain sufficient detail that allows us to properly understand, evaluate and respond to it, otherwise we may not be able to respond to it. 

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.

Complaints. In compliance with the CCPA, we commit to resolve complaints about your privacy and our collection or use of your personal information. We ask that you kindly contact us at privacy@buildout.com, so that we have an opportunity to resolve your complaint.

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.

California’s Shine the Light law. 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 request more information under the California Shine the Light law, you can email us at privacy@buildout.com.

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, privacy@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 Platform. 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:

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. 

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 privacy@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 respects the intellectual property rights of others and we ask our users to do the same. Buildout  may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users of its services who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Buildout’s DMCA Compliance Agent the following information:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on or within the Buildout  site or services;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Buildout’s agent for notice of claims of copyright infringement can be reached as follows:

By certified mail:

DMCA Compliance Agent
Buildout, Inc.
222 S Riverside Plaza #850
Chicago, IL 60606

Buildout can accept submissions via email to privacy@buildout.com, however, due to the nature of email, we cannot guarantee that email will be delivered. Thus, if you submit via email and do not hear back from us confirming receipt within 72 business hours, please submit your notice again via certified mail as noted above.