Last updated: May 19, 2024
We are Buildout Inc. (“Company,” “Buildout,” “we,” “us,” “our”), a corporation organized under the laws of the State of Illinois.
We operate the website buildout.com (the “Site”), the mobile application Buildout (the “App”), as well as other applications, products and services (including but not limited to Connect) that refer or link to these legal terms (the “Terms”) (collectively, the “Services”). You may also have entered into a Platform Services Agreement with us, and such agreement should be read in conjunction with these Terms. If there is a conflict between any provision of these Terms and the Platform Services Agreement, the applicable provision of the Platform Services Agreement will apply.
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Buildout Inc. concerning your access to and use of the Services. You agree that by accessing or using the Services, you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM ACCESSING OR USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Users will be notified about updates to legal terms upon their next login
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Terms for your records.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use the Services. You may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Services are provided on an as-is and as-available basis. You agree that your use of the Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We specifically and expressly disclaim all warranties, representations and guarantees that your use of the Services will lead to the completion or success of any real estate transaction.
Certain features of the Services enable you to generate estimates of property value. The results obtained from using these features are intended as informational estimates only and should only be used as a starting point for understanding the potential market value of a property. These valuations are generated through proprietary algorithms and may not reflect the current market dynamics or individual property specifics. We do not guarantee the accuracy, completeness, or timeliness of the valuations provided and expressly disclaim any liability for errors or omissions in these estimates. You are encouraged to conduct additional due diligence before making any real estate decisions based on these valuations.
The data supporting the Services is obtained from various external websites and sources. As such, we do not enter this information directly into the Services and therefore we cannot guarantee the accuracy, reliability, or completeness of any results provided to you based on such data.
We make no warranties or representations about the accuracy or completeness of the Services’ content or the content of any websites or mobile applications linked to the Services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
We do not warrant, endorse, guarantee, or assume responsibility for any product or Service advertised or offered by a third party through the Services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or Services. As with the purchase of a product or Service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.
Subject to your compliance with these Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to access the Services; and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.
Except as set out in this section or elsewhere in our Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Terms, please address your request to: support@buildout.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Terms and your right to use our Services will terminate immediately.
Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
By sending us Submissions through any part of the Services you:
You are solely responsible for your Submissions and you expressly agree to defend us and to indemnify us for any and all losses that we may suffer because of your (a) breach of this section, (b) infringement of any third party’s intellectual property rights, or (c) violation of applicable law.
By submitting suggestions or other feedback regarding the Services (“Feedback”), you agree that we can use and share such feedback for any purpose without compensation to you. You hereby grant to us a worldwide, perpetual, non-exclusive, royalty-free, fully paid license to collect, copy, display, distribute and modify information arising from your use of the Services, without restriction or remuneration. Such use may include, but not be limited to: (i) providing the Services to you; (ii) improving or creating our products and services; (iii) compiling statistical and performance information related to the Services, and/or (iv) developing and distributing benchmarks and similar reports and databases.
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You are required to adhere to the following acceptable use guidelines when utilizing our services. You agree not to use the services to harass, stalk, or contact any person without their explicit consent or in any manner that is not authorized by the individual. Additionally, you must not engage in any activity that might infringe on the rights or privacy of others through the use of the services. Information obtained from the services shall be used exclusively in connection with the business of buying and selling commercial real estate. Any use of the services outside of these guidelines is strictly prohibited and may result in suspension or termination of your access to the services, legal action, and/or reporting to relevant authorities.
You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All Services are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for the Services are subject to change.
We accept the following forms of payment:
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax, as applicable, will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Your subscription will continue and automatically renew unless canceled. You hereby authorize and consent to the charging of your payment method (whether by us or by the relevant app store) on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel your subscription. Fees for the Services are charged in advance. The length of your billing cycle will be set forth within the Services when you sign up for or renew your subscription.
You can cancel your subscription at any time. To cancel your subscription, please use one of the appropriate methods for cancellation provided. For example, you may log into your account via the web-based application and cancel your subscription from the dashboard or similar functionality provided there. You may also cancel your subscription via a mobile device by using the means for cancelling your subscription provided by the relevant app store. Your cancellation will take effect at the end of the current paid term. No refunds are provided. If you have any questions or are unsatisfied with our Services, please email us at support@buildout.com.
We may, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable law.
All sales are final and no refund will be issued.
We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:
Any use of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your right to use the Services.
We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.
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:
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.
If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms. You shall not: (1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (3) violate any applicable laws, rules, or regulations in connection with your access or use of the App; (4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App; (5) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (6) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (7) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (8) use the App to send automated queries to any website or to send any unsolicited commercial email; or (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.
The following terms apply when you use the App obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Services: (1) the license granted to you for our App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (2) we are responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Terms or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (3) in the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App; (4) you represent and warrant that (i) you are not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) you are not listed on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms of agreement when using the App, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the App; and (6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms against you as a third-party beneficiary thereof.
As part of the functionality of the Services, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
The Services may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
We care about data privacy and security. Please review our Privacy Policy: https://www.buildout.com/terms-of-use. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
These Terms shall remain in full force and effect while you use the Services. Upon the expiration of your subscription, as applicable, these Terms will automatically terminate. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Any provision of these Terms which by their nature survive the termination of these Terms shall so survive. For purposes of clarity, provisions relating to indemnification, limitations of liability and disclaimers shall survive termination of these Terms.
We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without regard to its conflict of law principles.
If you have entered into a Platform Services Agreement with us, then the dispute resolution procedures set forth therein shall apply. Otherwise, you agree to be bound by the Arbitration Agreement and Class Action Waiver that appears at the end of these Terms.
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DIRECT DAMAGES ARISING FROM ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Terms; (3) any breach of your representations and warranties set forth in these Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Using the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms, together with any Platform Services Agreement you have entered into, and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
You may contact us regarding the Services as follows:
Buildout Inc.
222 South Riverside Plaza, Suite 850
Chicago, IL 60606
United States
support@buildout.com
PLEASE READ THIS DOCUMENT CAREFULLY BECAUSE IT REQUIRES YOU AND BUILDOUT TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BUILDOUT EXCEPT THAT (I) ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MAY BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS, AND (ii) ANY DISPUTE TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.
You and Buildout agree that all claims and disputes relating in any way to your use of the Services, information collected or provided by you to us through the Services, or to any products or services you use, purchase, or purchased through the Services, shall be resolved by binding arbitration on an individual basis. Arbitration is the referral of a claim or dispute to one or more persons charged with reviewing the claim or dispute and making a final binding determination to resolve it instead of having it decided by a judge or jury in court. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT AND ARE ADDRESSED BELOW.
YOU AND BUILDOUT WAIVE ANY RIGHT, INCLUDING ANY CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY EXCEPT AS PROVIDED IN THIS DOCUMENT. YOU AND BUILDOUT ARE INSTEAD ELECTING TO HAVE CLAIMS AND DISPUTES RESOLVED BY ARBITRATION.
Before either you or Buildout may initiate an arbitration proceeding or any action in a judicial proceeding, You and Buildout agree that each party will notify the other in writing of any claim or a dispute reasonably anticipated to lead to, or that will lead to, arbitration or a judicial proceeding, so that the parties can initially try to resolve the claim or dispute informally and individually. Notice by Buildout will be sent to you at your last known email addresses on file and notice by you to Buildout must be sent by email to Buildout at the following email address: ______@buildout.com. The notice of dispute must include your name, street address, telephone number, and email address on file with us, as well as a brief description of the claim or dispute that is specific and individual to you, the amount of money (if any) at issue, and the specific relief sought. The notice of dispute must also include the name, street address, telephone number, and email address of any attorney or law firm that represents you with respect to the claim or dispute. You and Buildout then agree to negotiate personally, individually, and in good faith to try to resolve the claim or dispute. If and only if the parties cannot resolve the claim or dispute within sixty (60) days after the notice is received, then either party may commence an arbitration proceeding with a written demand for arbitration. Any limitations period will be tolled from the date the dispute is noticed to the other side until the expiration of this sixty (60) day period. Compliance with this Mandatory Pre-Arbitration Notice and Commitment to Good-Faith Negotiations provision is a condition precedent and requirement for initiating any arbitration proceeding. If the sufficiency of a notice of dispute or compliance with this Mandatory Pre-Arbitration Notice and Commitment to Good-Faith Negotiations provision is disputed, that dispute may be decided by a court on an individual basis at either party’s election, and any formal dispute resolution proceeding shall be stayed pending resolution of that dispute. A court shall have the authority to enforce this condition precedent, which includes the power to enjoin the filing or prosecution of a demand for arbitration and the collection of any fees associated therewith. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in this informal process.
The arbitration of any dispute or claim subject to this document section shall be governed by the Federal Arbitration Act (the “FAA”) and shall be administered by the American Arbitration Association (the “AAA”) and conducted in accordance with the AAA Consumer Arbitration Rules and, as applicable, the AAA Mass Arbitration Supplementary Rules, as any such rules may be modified by this arbitration agreement and by the AAA. The AAA Rules and filing forms are available online at www.adr.org/rules or by calling AAA at 1-800-778-7879. If the AAA is unavailable or unwilling to administer arbitration consistent with this Arbitration Agreement and Class Action Waiver section, another arbitration provider shall be selected by the parties that will administer the arbitration consistent with it. If the parties cannot agree on a provider, one shall be selected by a court that will administer the arbitration consistent with this section. You may choose to have the arbitration conducted by telephone, virtually, based on written submissions, or at an in person hearing in the county where you live or at another mutually agreed upon location. Buildout reserves the right to request a hearing from the arbitrator. You agree to personally appear at any in-person hearing (along with your counsel if you are represented). An arbitrator must follow and enforce these Terms as a court would. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AND BUILDOUT AGREE THAT EACH PARTY MAY BRING CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SECTION AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. CLAIMS AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE BROUGHT AS A CLASS OR OTHER TYPE OF REPRESENTATIVE ACTION OR ON BEHALF OF ANY INDIVIDUAL OR OTHER GROUP. UNLESS YOU AND BUILDOUT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE, PROCEEDING. AN ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S) OR DISPUTE. ANY RELIEF AWARDED CANNOT AFFECT OTHER BUILDOUT’ USERS. IF, AFTER EXHAUSTION OF ALL APPEALS, ANY OF THESE PROHIBITIONS ON NON-INDIVIDUALIZED RELIEF AND CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDINGS ARE FOUND TO BE UNENFORCEABLE WITH RESPECT TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF, THEN SUCH A CLAIM OR REQUEST FOR RELIEF WILL BE DECIDED BY A COURT OF COMPETENT JURISDICTION, AFTER ALL OTHER CLAIMS AND REQUESTS FOR RELIEF ARE ARBITRATED.
Payment of arbitration fees will be governed by the AAA Rules and fee schedule. However, you agree that Buildout will have no obligation to pay any AAA fees in connection with any arbitration filed in violation of these Terms. You and we agree that the parties have a common interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Buildout may elect to engage with the AAA regarding arbitration fees, and you and Buildout agree that the parties (and counsel, if applicable) will work together in good faith to ensure that arbitration remains cost-effective for all parties. The parties shall be responsible for their own attorney’s fees and costs in arbitration, unless an award of attorney’s fees or costs is authorized by law or the arbitrator determines that a claim or proceeding was frivolous or brought for an improper purpose or in bad faith. If the arbitrator determines that a claim or dispute was frivolous or brought for an improper purpose or in bad faith, the party that brought that claim or dispute will reimburse the other party for any amounts paid for the arbitration of that claim or dispute.
This Arbitration Agreement and Class Action Waiver section shall survive any termination or cancellation of your use of the Services, information collected or provided by you to Buildout on or through the Services, any products or services you use or purchase, or are used or purchased, through the Services, and your relationship with Buildout. Any amendments to this Arbitration Agreement and Class Action Waiver section shall not affect any then-active or pending arbitration proceeding.
Last updated August 3, 2023 and effective as of August 9, 2023
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.
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.
We collect the following information you provide to us:
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.
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.
We may collect, use, or disclose information about you, including Personal Information, to third parties for a variety of business purposes, as described below.
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.
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.
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.
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.
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.
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.
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).
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.
Identifiers and categories of Personal Information in Cal. Civ. Code Section 1798.80(e)
Directly from you when engaging with our Services
Internet or other electronic network activity information
Indirectly from you by observing your interactions with our Services through cookies and third party analytics tools
Geolocation data
Indirectly from you by observing your interactions with our Services through cookies and other automatic technologies
Inferences drawn from Personal Information
Indirectly from you by observing your interactions with our Services
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
Categories of third parties with whom personal information is shared
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
Categories of third parties with whom personal information is shared
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
Categories of third parties with whom personal information is shared
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
Internet or other electronic network activity information
Geolocation data
Buildout does not knowingly sell or share Personal Information of consumers under 16 years of age.
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):
Please note that we may still use aggregated and de-identified Personal Information that does not identify you or any individual.
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.
To exercise privacy rights as described above, please submit a verifiable consumer request by:
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.
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.
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.
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.
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.
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:
To exercise the rights described above, please submit a consumer request to us by:
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.
We process your personal data for the following purposes:
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)
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
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
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
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
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
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
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.]
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.
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.
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.
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.
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.
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.
We may use your Personal Information for the following purposes:
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:
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.”
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.
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.
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.