Privacy Policy
This Privacy Policy (“Policy”) is part of the Terms of Use and describes how UPSELL LLC, an Ohio limited liability company (“UpSell”) and its affiliates, if any, handle information collected and received from or through our websites (“Websites”), associated applications, including, but not limited to mobile applications and social media. This Policy does not govern the activities of any third party.
Collection and Use of Personally Identifying Information
UpSell collects and uses personally identifying information that you provide via our websites and associated applications. This personally identifying information may include your name, address, e-mail address, contact information, and information about property or properties you seek to sell. UpSell uses this information for its own business purposes, including to contact you, analyze the property or properties you seek to sell, and to formulate potential offers.
We do not sell any of the personal information we collect about you to third parties.
Your personally identifying information will not be shared with any third party, with the following exceptions: (i) information that UpSell in good faith determines is legally required to be revealed by any relevant statute, regulation, ordinance, rule, administrative or court order, decree, or subpoena; (ii) information revealed during the course of UpSell’s enforcement of its policies and procedures, its Terms of Use, the terms of this Policy, the Online User Agreement, or any other agreement with us, or during the course of any disciplinary actions; (iii) information that may be disclosed in a manner expressly permitted by this Policy; (iv) information that UpSell in good faith determines must be disclosed to correct false, misleading, or manipulative information or is otherwise a violation of law; or (v) unless you are otherwise notified at the time we collect the data.
We may also share your personal information with third parties in connection with a merger, sale, acquisition, assignment, bankruptcy proceeding, reorganization or other disposition of some or all aspects of our business or assets.
“Nonpublic Personal Information” is the nonpublic information about you that is obtained by UpSell from you. UpSell and its advertisers may collect Nonpublic Personal Information from the online forms you complete, from your transactions with UpSell and its advertisers, and from consumer reporting agencies. UpSell will not disclose any Nonpublic Personal Information except as permitted or required by law or as described in this Policy. We may disclose all of the Nonpublic Personal Information we collect about you, as well as other information collected as described in this Policy, to our affiliates who offer related goods and services, and to nonaffiliated third parties that perform services on our behalf, including marketing services, or financial institutions with whom we have joint marketing agreements.
Other Information You Provide or Post
In addition to the practices described above, we may also use information we collect to, at your election, provide you with information and advertisements about goods and services we believe may be of interest to you.
You may provide us with testimonials about your experience with us (including a picture of yourself), and with feedback about our services. We may use any such information you provide to enhance our services and for public-facing marketing purposes, such as through online or public display of your testimonial, feedback, and/or picture. We may also incorporate information you provide through messages, e-mails, or other means (though not your personally identifying information) into our materials or offerings.
Accessing the Websites and Information Collection
When you access the Websites without actively providing any personal information we collect limited technical information, such as your IP address. We also use cookies as described below. Records of your use of the Websites are the sole property of UpSell. UpSell reserves the right to use such information for its marketing, franchising, and membership endeavors. As a registered user, we collect information about your use of the Websites including homes viewed, photos viewed, pages visited, information about your location and preferences for offerings. We will maintain your login information.
Cookies & Location-Based Services
We use cookies (text files placed on your hard drive by a web server) to personalize your experience. Cookies are not used to run programs or deliver viruses to your computer. They are uniquely assigned to your computer and can only be read by a web server in the domain that issued the cookie to you. We use cookies to improve the Websites and to facilitate your use of the Websites.
To provide location-based services, it may be necessary to collect, use, and share precise location data, including the real-time geographic location of your computer or device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine the location of your device. Unless you provide consent, such location data is collected anonymously in a form that does not personally identify you and is used to provide location-based services.
For example, your device may share its geographic location with a Service that selects and displays properties relative to the location of your device. Some location-based services may require your personal information for the service to be provided.
Links
The Websites contain links to other websites. UpSell is not responsible for the privacy practices of sites other than our own. We encourage you to be aware of the privacy statements on other websites and to read those statements.
Protection of Information
Some areas of the Websites are secured and can only be accessed using unique login credentials. You must have a specific user identifier (user ID) and password to access resources through any password-protected portions of the Websites. Your login credentials and password are for your use only and strictly confidential. You are responsible for maintaining the confidentiality and security of those credentials, and are responsible for all activity occurring on the Websites using your login credentials and password. You are strictly prohibited from any sharing of your login credentials and/or password with any other person(s) and from any use of your login credentials other than for your use of the Websites in compliance with the Online User Agreement.
Third-Party Data Collection/Online Tracking
We use service providers to help us understand and improve the usage of the Websites and the effectiveness of our marketing efforts. We and those service providers may use cookies, your IP address or an anonymous identifier as well as certain information from your browser, together with other non-personal information about your visits to the Websites (this may include information like page views and visit times; app store views; app downloads; user engagement information like active devices and location; app crashes; and behavior metrics) and other websites to improve the Websites and provide you with advertisements about goods and services of interest to you on the Websites and other websites (including through search engine results pages) and/or to provide analytical information about our Websites.
UpSell does not track your activity over time and across different websites or online services other than as set forth herein, and we do not currently respond to browsers’ DNT signals with respect to the Websites. We do not permit our third-party service providers to collect information from the Websites for other websites or for their own purposes other than as described in this Policy.
Social Media; Third-Party Applications
The collection and use of information on social media websites and applications are governed by their own privacy policies and terms. We may receive personal information from a social media site platform or application when you connect through a social media feed, post content, or otherwise interact with us using social media tools. For example, we may receive basic Facebook account information (name, e mail, gender, birthday, current city, and profile picture URL) through Facebook. Also, when you “like” us, or send a “Tweet” to us through a social media channel, we may receive your username, handle, and any other available personal information from the social media site or application. All information received from social media sites and applications is treated and used in the same manner and for the same purposes as described in this Policy with respect to similar information we obtain through the Site.
Children’s Privacy
We are committed to complying with all applicable laws and regulations regarding the collection, storage, and use of personal information of minors under the age of 18, including the Children’s Online Privacy Protection Act of 1998.
Changes to This Statement
UpSell reserves the right to change this Privacy Policy at any time. Notification of changes will be posted on the Websites. Because these changes may affect your personal information, we suggest that you look for information regarding changes on a regular basis and review the changes as soon as they are published on the website.
Security
We employ reasonable security methods to prevent unauthorized access, maintain data accuracy, and ensure correct use of your information. We maintain organizational, technical and administrative measures designed to protect your information against unauthorized access, loss, alteration or misuse. However, no data transmission over the Internet or any wireless network can be guaranteed to be perfectly secure. As a result, while we try to protect your information, we cannot ensure or guarantee the security of any information you transmit to us, and you do so at your own risk.
Jurisdiction-specific Provisions and New Laws
This Privacy Policy is intended to comply with all legal requirements including the requirements of any jurisdiction having unique laws regarding the collection and use of personal data (e.g., the California Consumer Privacy Act or “CCPA”). Should you be a resident of any such jurisdiction, this policy is hereby deemed to be amended as appropriate to comply with any such laws. Moreover, to the extent there is any conflict with this Privacy Policy and any and all privacy requirements under the law, including the CCPA and laws that may be enacted after this policy has been updated, this Privacy Policy is to be deemed amended and updated to conform with any and all such legal requirements.
Under the CCPA, California consumers have the right to:
- Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
- Request that a business delete any personal data about the consumer that a business has collected.
- Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Contacting Us
Please contact us with any questions including with any questions as to the correctness of the information that we collect and maintain.