Privacy Policy

DealGround, Inc. protects the privacy of your data.  The following Privacy Policy articulates how your personal information is collected, used, disclosed, and protected by DealGround, and tells you about the rights and choices you have with respect to personal information we maintain about you.  This Privacy Policy applies to our websites, including www.DealGround.com, and any other website that links to this Policy (our “Sites”) and our mobile apps for iPhone, Windows, or Android mobile devices (collectively, our “Service”). 

For purposes of this section, the terms “personal information” and “sensitive personal information” encompass the terms “personal data” and “sensitive personal data” and have the meanings provided under U.S. state privacy laws that are inclusive of but not limited to: the California Consumer Privacy Act, California Privacy Rights Act, Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act, and Virginia Consumer Data Privacy Act.  The meanings of these terms refer back to terms defined in such state privacy laws and may exclude publicly available, deidentified, and aggregated information; information subject to the Fair Credit Reporting Act, Gramm Leach Bliley Act, Health Insurance Portability and Accountability Act, and Driver’s Privacy Protection Act; or information that is otherwise exempted or excluded by state privacy laws.  In accordance with applicable laws, we commit to maintaining and using deidentified data, as that term is defined under applicable law, in accordance with the law.  Any users of the services linked to this policy will be referred to as “consumers.”  

1. WHAT INFORMATION DO WE COLLECT, FROM WHAT SOURCES AND FOR WHAT PURPOSES?

The categories of information we collect can include: 

●    Information you provide to us directly.  We may collect personal information, such as your name, company information, payment information, email address and password when you register for our Service, utilize certain aspects of the Service, sign up for our mailing list, or otherwise communicate with us.  We may also collect any communications between you and DealGround and any other information you provide to DealGround, such as but not limited to information on the company you work for, your website, your photo, details about assets and postal address. 

●    Data collected through the use of the Service.  We collect information about how you use the Service, your actions on the Service, and content you post to the Service, including your interaction with others on the Service and any content you provide through emails, chat, or other functionalities (“User Content”).  Please remember that DealGround may, but has no obligation to, monitor, record, and store User Content in order to protect your safety or the safety of other users, to assist with regulatory or law enforcement efforts, or to protect and defend our rights and property.  By using the Service, you consent to the recording, storage, and disclosure of such communications you send or receive for these purposes. 

 ●   Information we receive from third-party sites you connect to our Service.  We may receive personal information about you from third parties and combine that with information we collect through our Service. For example, if you use your third-party account to connect to our Service, we may obtain information from your third-party account (e.g., from Facebook, LinkedIn or Google) to set up an account. The data we receive from these third-party sites is dependent upon that third party’s policies and your privacy settings on that third-party site.  You should always review and, if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our website or Service. 

●    Information we receive from third parties. From time to time, we may receive information about you from third parties and other users (e.g., from your broker), such as your name, email and phone number. We may also collect information about you that is publicly available.

We use this information to operate, maintain, and provide to you the features and functionality of the Service (e.g. build and maintain a membership profile of your account), as well as but not limited to communicate directly with you, such as to send you email messages to follow up on properties or services that we provide to you; match and serve targeted advertising and promotions; determine your eligibility and profile for certain real properties available for purchase; send you information about topics or commercial properties that may be of interest to you; detect spam, malware and other malicious links or content; for abuse protection; and permit you to communicate with others on the Service.  We may also send you Service-related emails or messages (e.g., account verification, change or updates to features of the Service, technical and security notices).  For more information about your communication preferences, see “Control Over Your Information” below.

2.   HOW WE USE COOKIES AND OTHER TRACKING TECHNOLOGY TO COLLECT INFORMATION.

We, and our third-party partners, may collect certain types of usage information when you visit our Service, read our emails, or otherwise engage with us.  We typically collect this information through a variety of tracking technologies, including cookies, web beacons, web pixels, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “tracking technologies”).  For example, we collect information about your device and its software, such as your IP address, browser type, operating system, language, usage session, location of your wireless device (e.g., latitude and longitude), the state or country from which you accessed the Service, the date and time of your visit, error logs, and other such information.  

We also collect information about the way you use our Service, for example, the site from which you came and the site to which you are going when you leave our website, the pages you visit, the links you click, how frequently you access the Service, whether you open emails or click the links contained in emails, whether you access the Service from multiple devices, and other actions you take on the Service.  When you access our Service from a mobile device, we may collect unique identification numbers associated with your device or our mobile application (including, for example, a UDID, Unique ID for Advertisers (“IDFA”), Google AdID, or Windows Advertising ID), mobile carrier, device type, model and manufacturer, mobile device operating system brand and model, phone number, and, depending on your mobile device settings, your geographical location data, including GPS coordinates (e.g., latitude and/or longitude) or similar information regarding the location of your mobile device, or we may be able to approximate a device’s location by analyzing other information, like an IP address.  We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users.  You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners and view its currently available opt-out options at https://tools.google.com/dlpage/gaoptout.  We may also work with third-party partners to employ technologies, including the application of statistical modeling tools, which permit us to recognize and contact you across multiple devices.  Although we do our best to honor the privacy preferences of our users, we are unable to respond to Do Not Track signals set by your browser at this time. 

We use or may use the data collected through tracking technologies to:  (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (b) provide custom, personalized content and information, including targeted content and advertising; (c) recognize and contact you across multiple devices; (d) provide and monitor the effectiveness of our Service; (e) monitor aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Service; (f) diagnose or fix technology problems; and (g) otherwise to plan for and enhance our service.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.  Please note that doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies.  You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it. 

We and our third-party partners may also use cookies and tracking technologies for advertising purposes.  For more information about tracking technologies, please see “Third Party Tracking and Online Advertising” below.

3.  SHARING OF YOUR INFORMATION

We may share your personal information in the instances described below.  For further information on your choices regarding your information, see the “Control Over Your Information” section below.

Remember, our Service allows you to connect and interact with others. Your profile information, including your name, photo, and other personal information, will be available publicly and to other members of the Service by default when you create a profile, interact with others on the Service in public groups, and post content to public spaces.

We may share your personal information with:

●    The public and other members of the Service.  Your profile information and content you post to public areas of the Service will be viewable by others on the Service and the public. Please do not provide personal information you would not want to be public.  You may be able to control the visibility of some of your information in your Profile page (see “Control Over Your Information” below);

●    Other users of the Service. We share your information with third parties to whom you express your interest in on the Service, for example, if you request information on a particular asset, download document from an Asset’s Property Page on our Site or submit an offer on a particular Asset, then the seller and/or its representative will be given access to your information. When you log-in and visit any property on the Service, we also share your information, such as User Content you provide consisting of information about individual properties, including but not limited to information regarding title and legal status, current and potential valuations, physical condition and aesthetic/tenant improvement attributes, environmental reports, encumbrances, rent roll and pending lease negotiations, and tenant defaults or issues, with the broker or seller associated with that property. You control with whom you want to share information; 

●    Third-party vendors and other service providers that perform services on our behalf, as needed to carry out their work for us, which may include payment processing services, identifying and serving targeted advertisements, providing mailing services, providing tax and accounting services, web hosting, or providing analytic services;

●   Other companies and brands owned or controlled by DealGround and other companies owned by or under common ownership as DealGround, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns.  These companies will use your personal information in the same way as we can under this Policy;

●    Other parties in connection with a company transaction, such as a merger, sale of company assets or shares, reorganization, financing, change of control or acquisition of all or a portion of our business by another company or third party, or in the event of a bankruptcy or related or similar proceedings; and

●    Third parties as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to enforce our Terms of Service  (https://www.DealGround.com) or to protect the security or integrity of our Service; and/or (c) to exercise or protect the rights, property, or personal safety of DealGround, our visitors, or others.

Any documents that you upload into the DealGround service will not be shared with any other user of the service.  All users must have the rights and permission necessary to upload documents into the service and will retain ownership of such documents.  The DealGround service will process these documents on the platform in order to make them available to the user in a map-based interface.  

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

4.  CONTROL OVER YOUR INFORMATION

How to control your communications preferences:  You can stop receiving periodic newsletters, updates to our Services, important news in the commercial real estate industry and other promotional email communications from us by clicking on the “unsubscribe link” provided in such communications.  We make every effort to promptly process all unsubscribe requests.  You may not opt out of service-related communications (e.g., account verification, transactional communications, confirmation of offers submitted and other related communications, such as technical and security notices).

5.  THIRD-PARTY TRACKING AND ONLINE ADVERTISING

Interest-Based Advertising.  We participate in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your browsing history.  We may share or we may permit third-party online advertising networks, social media companies, and other third-party services to collect information about your use of our website over time so that they may play or display ads on our Service, on other devices you may use, and on other websites, apps, or services.  Typically, though not always, the information we share is provided through cookies or similar tracking technologies, which recognize the device you are using and collect information, including click stream information, browser type, time and date you visited the site, and other information.  We and our third-party partners use this information to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related services such as reporting, attribution, analytics, and market research.  

Cross-Device Linking.  We, or our third-party partners, may link your various devices so that content you see on one device can result in relevant advertising on another device.  We do this by collecting information about each device you use when you are logged in to our Service.  We may also work with third-party partners who employ tracking technologies or the application of statistical modeling tools to determine if two or more devices are linked to a single user or household.  We may share a common account identifier (such as an email address or user ID) with third-party advertising partners to help recognize you across devices.  We, and our partners, can use this cross-device linkage to serve interest-based advertising and other personalized content to you across your devices, to perform analytics, and to measure the performance of our advertising campaigns.

Your Choices:

●    Interest-based advertising.  To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org/choices and/or the DAA’s resources at www.aboutads.info/choices. 

●    Cross-device linking.  Please note that opting-out of receiving interest-based advertising through the NAI’s and DAA’s online resources will only opt-out a user from receiving interest-based ads on that specific browser or device, but the user may still receive interest-based ads on his or her other devices.  You must perform the opt-out on each browser or device you use.

●   Mobile advertising.  You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest-based ads” (Android).  You may also be able to opt-out of some—but not all—interest-based ads served by mobile ad networks by visiting http://youradchoices.com/appchoices and downloading the mobile AppChoices app.    

●    Some of these opt-outs may not be effective unless your browser is set to accept cookies.  If you delete cookies, change your browser settings, switch browsers or computers, or use another operating system, you will need to opt-out again.

Google Analytics and Advertising.  We use Google Analytics to recognize you and link the devices you use when you visit our site or Service on your browser or mobile device, log in to your account on our Service, or otherwise engage with us.  We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service.  Google Analytics allows us to better understand how our users interact with our Service and to tailor our advertisements and content to you.  For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/.  You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on your past visits to the Service.  You may control your advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by vising NAI’s online resources at http://www.networkadvertising.org/choices.   

6. YOUR PRIVACY RIGHTS

Rights Regarding Personal Information

Residents of specific states have certain rights with respect to personal information collected and processed under state privacy laws.  If you are a resident of these states, you may have the right to exercise the following rights, subject to certain exceptions and limitations:

Right to Know/Access

You have a right to know and access the personal information that DealGround maintains about you: the information required to be disclosed includes the categories of personal information collected, shared, sold, or disclosed; the categories of sources; the business or commercial purpose for collecting, selling, or sharing the personal information, the categories of third parties (and in some cases the specific third parties) to whom DealGround shared, sold or disclosed the personal information, and the specific pieces of personal information that DealGround has collected about you.

Right to Delete

You have the right to request the deletion of the personal information that DealGround has obtained or maintains about you.

Right to Correct

You have the right to request the correction of inaccurate personal information that DealGround maintains about you.

Right to Opt-Out

You have the right to exercise control over the processing of certain personal information.  This includes the right to opt out from the sale, “sharing,” and use of personal information for certain profiling or targeted advertising (although we don’t use consumer information for that purpose). Our “sales” of personal information include the incidental sharing of real estate occupancy information, as described in our Terms.

Right to Opt-Out or Limit the Use of Sensitive Personal Information

Residents of certain states have the right to opt-out of or limit the use or disclosure of sensitive personal information that DealGround has collected or maintains about them.  Opting-out includes the consumer's right to limit the generation, use, and disclosure of sensitive personal information about them.

Right to Non-Discrimination

You have the right not to be discriminated against for exercising any of your consumer rights granted by applicable state privacy laws.

Right to Appeal

You have the right to appeal DealGround’s decision regarding your request.  In order to appeal a declined request, please email info@DealGround.com.  If you are not satisfied with our response to your appeal request, you may notify the Attorney General of your state.

How to Exercise Your Rights

To exercise any of the above rights, please contact us using the information provided in Section 11 of this Privacy Policy and submit the required verifying information, as further described below.

Verification Process For Rights to Know, Correct, and/or Delete Required Information

To exercise your rights to know, correct and/or delete, we may need to request additional information from you to verify your identity or understand the scope of your request, although you will not be required to create an account with us to submit a request or have it fulfilled.  The type of additional information will vary by request.

In certain circumstances, we may decline a request to exercise the right to know and/or right to deletion, particularly where we are unable to verify your identity.

Authorized Agent

You may designate an authorized agent (like a lawyer or Power of Attorney) to make a request on your behalf through the designated methods set forth in this Privacy Policy where we can verify the authorized agent’s authority to act on your behalf.

For requests to opt-out, written permission from the consumer will not be needed.

For requests to know/access, requests to delete and requests to correct personal information, please provide: (i) a power of attorney valid under the laws of your state from you or your authorized agent; or (ii) sufficient evidence to show that you have: (a) provided the authorized agent signed permission to act on your behalf; (b) verified your own identity directly with us pursuant to the instructions set forth in this Privacy Policy; and (c) directly confirmed with us that you provided the authorized agent permission to submit the request on your behalf.  

7. DealGround AS A PROCESSOR/SERVICE PROVIDER

To provide our services, we may process personal information we receive from or on behalf of our clients.  If stated in our agreements, we act as a processor or service provider on behalf of our client who determines the purpose and means of the processing.  DealGround processes this information only as necessary to provide our services and at our client’s direction.  The Privacy Policy of our client and our contractual agreement with them governs the processing of this personal information.  To exercise any privacy rights in relation to personal information we may process as processor or service provider, we may need to redirect you to our customer.

8.  HOW WE STORE AND PROTECT YOUR INFORMATION

Data storage and transfer:  Your information collected through our website may be stored and processed in the United States or any other country in which DealGround or its parent, subsidiaries, affiliates, or service providers maintain facilities.  If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. 

Keeping your information safe:  We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service.  However, no security system is impenetrable, and we cannot guarantee the security of our systems 100%.  In the event that any information under our control is compromised as a result of a breach of security, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.

9.   CHILDREN’S PRIVACY

DealGround does not knowingly collect or solicit any information from anyone under the age of 13 on this Service.  In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible.  If you believe that we might have any information from a child under 13, please contact us at info@DealGround.com. 

10.   LINKS TO OTHER WEB SITES AND SERVICES

The Service may contain links to and from third-party websites of our business partners and advertisers and our users may post links to third-party websites, including a variety of social networking sites.  If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for their policies.  We strongly recommend that you read their privacy policies and terms and conditions of use to understand how they collect, use, and share information. We are not responsible for the privacy practices or the content on the websites of third-party sites.

11.  HOW TO CONTACT US

If you have any questions about this Privacy Policy or the Service, please contact us at:

Attn: Privacy Department

DealGround, Inc.

138 Cypress Ave

Kentfield, CA 94904

Email: info@DealGround.com

In your message, please provide us with your name, mailing address, telephone number and e-mail address.

12.   CHANGES TO OUR PRIVACY POLICY

We may modify or update this Privacy Policy from time to time to reflect the changes in our business and practices, so you should review this page periodically.  When we change the policy in a material manner, we will let you know and update the ‘last modified’ date at the top of this page.  If you object to any changes, you may close your account.

13. CALIFORNIA RESIDENTS ONLY

This portion of our Privacy Policy applies only to residents of the state of California.

Categories of Personal Information Collected about Consumers

In the 12-month period before the effective date this Privacy Policy, DealGround collected the following categories of personal information about consumers:

• Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
• Additional personal information described in Cal. Civ. Code Section 1798.80 such as signature, physical characteristics or description, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
• Commercial information, such as records of personal or real property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website or mobile application, or advertisement.
• Geolocation data.
• Professional or employment-related information.

Categories of Sources from Which Personal Information is Collected

DealGround may have collected personal information about you from the following categories of sources:

• Directly from you.
• From your use of the Service.
• Information we receive from third-party sites you connect to our Service.
• Other companies, such as our service providers and vendors.
• Government entities and records.

Business or Commercial Purpose for Collecting Personal Information from Consumers

DealGround may have collected personal information for any of the business or commercial purposes set forth in Section 1 of this Privacy Policy.

Sharing and Selling of Personal Information

We may “sell” or “share” your personal information in two ways. First, as described in our Terms of Service, you may share and/or receive personal information on the platform depending on your subscription type. You may have the right in certain jurisdictions to opt out of such disclosures by emailing us at info@DealGround.com.

Second, we may allow certain third parties (such as online advertising services) to collect your personal information via automated technologies on our Site and Services in exchange for non-monetary consideration. We share the categories of personal information listed below for the business and commercial purposes of online advertising and to provide third-party social network features and functionality on our Site and Services. Those third parties may use your personal information for optimization, display cross-contextual advertising and manage their own platforms. You have the right to opt out of this disclosure of your information, which may be considered a “sale” or “sharing” under California law, as set forth below. You may have the right in certain jurisdictions to opt out of such processing by enabling an Opt-Out Preference Signal, such as the Global Privacy Control (GPC), on the browsers and/or browser extensions that support such a signal.  If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.  Your request to opt-out of sale/sharing will be linked to your browser identifier only, unless it is already linked to other personal information.

Our platform connects buyers, sellers, occupants, real estate agents, and other persons, including by sharing these persons’ phone numbers to (other) users of the platform. Outside of our platform services, no mobile information that DealGround uses for its internal messaging purposes will be shared with third parties or affiliates for marketing or promotional purposes; provided, that text-messaging originator opt-in data and consent information shall not be shared with any third parties except governmental or industry regulators, or as otherwise required by law.

During the 12-month period prior to the effective date of this Privacy Policy, we may have sold or shared the following categories of personal information:

Category of Personal Information

Category of Third Party

Identifiers

Platform subscribers, advertising networks, data analytics providers, social networks, data brokers, operational software providers and vendors

Commercial Information

Advertising networks, data analytics providers, social networks, data brokers, platform subscribers, operational software providers and vendors

Online Activity and Geolocation Data

Advertising networks, data analytics providers, social networks, data brokers, platform subscribers, operational software providers and vendors

Professional or employment-related information

Operational software providers and vendors, advertising networks, data analytics providers, social networks, data brokers

We do not knowingly sell or share the personal information of minors under 16 years of age.

Categories of Personal Information Disclosed to Third Parties

We share all the categories of personal information that we collect for the purposes listed in the “Sharing of Personal Information” section above.

Retention

We retain the personal information that we collect to achieve the purposes for which the personal information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax or audit purposes, or for other purposes permitted under law.

14. NEVADA RESIDENTS ONLY

This portion of our Privacy Policy applies only to residents of the state of Nevada.

We may sell your covered information, as defined under Chapter 603A of the Nevada Revised Statutes. If you still have questions about your covered information or anything else in our Privacy Policy, please contact us at info@dealground.com.