Terms & Conditions
Terms of Use
TERMS OF USE AGREEMENT
Last Updated: September 10, 2024
This Terms of Use Agreement (the “Agreement”), is entered into by and between Buildout, Inc., parent company of LTRAC LLC, LTRAC LLC dba “ProspectNow” and the person contracted along with who is logged into the prospectnow.com website, the (“Customer”) and is effective (the “Effective Date”) upon the customer clicking accepting this agreement on the website. In addition to the terms and conditions provided here, if you choose to subscribe or pay for the service, you will also be governed by credit card/payment authorization form indicating a fee or trial access period along with other terms found here within. If you do not agree to these terms and conditions, do not access information from the service.
RECITALS
WHEREAS, ProspectNow has developed an application (the “Service”) that allows third parties to view and access data from a database of multifamily and commercial property owners via the www.prospectnow.com website (the “website”) and
WHEREAS, Customer desires to utilize the Service to access certain data which is owned or licensed by ProspectNow (the “Data”), subject to the restrictions and limitations set forth herein.
NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows.
AGREEMENT
SECTION 1. SERVICES.
1.1 SERVICE; LICENSE. Pursuant to the terms and conditions of this Agreement, ProspectNow grants Customer a non-exclusive, non-transferable, non-assignable, limited license to use the WEBSITE to query ProspectNow’s servers and access and use the Data residing on the servers (subject strictly to the terms and restrictions of this Agreement, including in Section 1.3, below). The foregoing license extends only to the number of unique users for the counties outlined in Exhibit C. The foregoing license shall terminate immediately upon any termination or expiration of this Agreement, including a termination by ProspectNow due to Customer’s breach. Customer shall be solely responsible for all costs associated with accessing the Data via the WEBSITE (e.g., internet connection costs, bandwidth costs). Such access may be accomplished via any electronic medium, including but not limited to the internet, intranets, portals, land-based lines, cable and wireless services.
1.2 PAYMENTS AND FEES. Customer agrees to pay ProspectNow for all services ordered in accordance with the payment schedule set forth in Exhibit B. Customer authorizes ProspectNow to debit the customers credit card for payments. Customer may not license any third parties the right to reproduce or otherwise utilize the WEBSITE or the DATA. Customer acknowledges and agrees that Customer shall be solely responsible for ensuring that any queries are affected by Customer in accordance with the restrictions outlined in Exhibit C. Each ProspectNow invoice is due and payable on receipt. Any amounts unpaid for thirty (30) days from the invoice date shall be subject to an interest charge of 1.5% per month. Failure to pay any amounts(s) owed when due may result in immediate discontinuance or suspension of the Service. Remedies for non-payment past 30 days include, but are not limited to, legal action to collect the full amount of unpaid payments on the contract or submission of the customer’s information to collection agencies and credit reporting companies to collect the full unpaid amount of the contract which may result in damage to the customer’s credit score.
1.3 RESTRICTED USES. Unless explicitly allowed under separate written and approved contract terms, Customer shall not:
(a) Copy, Reproduce, or Resell the Data
(b) Share unique user names or the data with other members of the customer’s organization that are not specified as users in Exhibit C.
(c) offer the Data via CD-ROM disc, optical disk, magnetic tape or via other physical media;
(d) further sell, license, or distribute the Data;
(e) use the Data in violation of any federal, state, or local law, rule, or regulation, including but not limited to laws regulating unsolicited (phone, fax, sms, email) advertising (e.g., the Telephone Consumer Protection Act, do-not call, CAN-SPAM), laws regulating privacy or credit information (e.g., the Fair Credit Reporting Act or other laws regulating consumer credit, the Health Insurance Portability and Accountability Act (HIPAA)).
(f) use the Data for purposes other than its own internal business purposes;
(g) use non-commercial phone records for marketing purposes
(h) use service to reverse engineer or compete with ProspectNow
(i) use real estate agent contact info for any marketing purposes or solicitation purposes other than End Users contacting an agent to make an offer on a property.
1.4 RESERVATION OF RIGHTS. Customer acknowledges and agrees that it has no rights to the Service, WEBSITE, or Data, except for the limited right to utilize the Service and WEBSITE (and access the Data) as set forth above, and during the Term (as defined below). ProspectNow expressly reserves all rights in the Service, WEBSITE, and Data including data that is contributed by the Customer’s end users to WEBSITE. The customer represents and warrants that any data added to the website by the customer does not violate the rights of any 3rd parties and the customer has full legal authority to do so. Nothing herein shall be construed to grant to Customer any rights in any trademarks or service marks of ProspectNow.
Furthermore ProspectNow reserves the right to refuse any request in relation to the Services that it deems inappropriate, unreasonable, for personal use, or illegal. This includes, but is not limited to, any party whose application of the data is not used for business purposes.
1.5 AVAILABILITY; SUPPORT. ProspectNow shall use commercially reasonable efforts to provide the Service to Customer during business operating hours with ability to contact via email twenty-four (24) hours a day, seven (7) days a week (subject to normal maintenance downtimes), pursuant to the terms and conditions provided herein. ProspectNow shall use commercially reasonable efforts to provide Customer support in accordance with its prevailing support policies.
SECTION 2. TERM & TERMINATION.
2.1 TERM. The term of the Agreement (the “Term”) shall begin on the Effective Date and continue as set forth in Exhibit A.
2.2 TERMINATION. Termination provisions shall be set forth in Exhibit A
2.3 SUSPENSION OF SERVICE. In the event ProspectNow cannot obtain, or loses the Data or rights to provide the Data to Customer, is required to suspend or terminate (or in ProspectNow’s opinion may be required to suspend or terminate) the Service by order of a regulatory agency having jurisdiction, or by reason of any self-regulatory agency rule, law, statute, or regulation, whether federal, state, or local, which may restrict provision of the Service and access of the Data, is threatened with a claim of infringement (or in ProspectNow’s opinion may be so threatened) with respect to the Service, or otherwise is unable to provide the Service, ProspectNow may terminate this Agreement with seven (7) days written (or e-mail) notice. Upon such termination ProspectNow will have no further liability to Customer (except to refund pro rata any pre-paid fees for the remainder off the term).
2.4 DEFAULT & TERMINATION. ProspectNow may immediately terminate this Agreement or temporarily suspend the Service (effective upon written or email notice), at any time, if (a) Customer is in violation of local, state or federal laws or regulations, or (b) Customer breaches any term in this Agreement.
2.5 SURVIVAL. Sections 1.3 and 1.4, and Section 3 shall survive the expiration or termination of this Agreement.
2.6 AGREEMENT MODIFICATIONS. Customer hereby agrees that ProspectNow may change, revise, or modify the terms and conditions of this Agreement at any time, in its sole discretion; provided that ProspectNow provides Customer written or email notice of such changes and Customer continues to use the Service after the date seven (7) days from the receipt of such notice (such continued use shall constitute acceptance of the new or revised terms). If Customer does not agree to such changes or modifications, it may terminate this Agreement with written/e-mail notice within said seven (7) day period as its sole and exclusive remedy and refund any pre paid fees for the remainder of the term on a pro rata basis.
2.7 FREE TRIAL. By participating in this free trial (“Trial), you agree to be bound by our Terms and Conditions and the following terms provided here within, that in the event of a conflict the trial terms shall govern. The trial period will be for three (3) days from the date you activate your trial account. The free trial shall last for a period of three (3) days only. After the 3-day free trial, regular prices for the data service will be charged on a month-to-month basis. If you choose to cancel, you will no longer have access to any data you entered or have unlocked within your account. During the free trial, a user may leverage up to 15 owner lookups. You may cancel your 3-day free trial at anytime before it expires to halt the monthly Subscription within your account. Email support@Buildout.com if you need assistance.
2.8 CREDIT CARD DETAILS. By entering a credit card number, you agree that ProspectNow, and our Third Party service providers, may store your payment card information. After your one (1), 3-day free trial expires, you expressly authorize us to charge you, where applicable. (i) Subscription Fees, to be billed during a Subscription period (ii) other fees for Services purchased, including but not limited to, Add-ons (iii) charges for use of the Services in excess of other limitations, and (iv) taxes connected with your use of the Services.
SECTION 3. MISCELLANEOUS.
3.1 CONFIDENTIALITY. Customer shall not reveal to third parties any material non-public information learned by Customer in the course of utilizing the Service or the WEBSITE, including, but not limited to, rate schedules and the terms of this Agreement.
3.2 CUSTOMER MARKS. Customer hereby grants to ProspectNow a non-exclusive and limited license to use, reproduce, and display Customer’s trade names, logos and other trademarks and service marks (the “Customer Marks”) in connection with ProspectNow advertising, marketing and promotion of the Service. Further, at ProspectNow’s request, Customer will use reasonable efforts to provide ProspectNow with data and qualitative input about the application of the Service for use in marketing materials such as use cases, white papers and testimonials (the “Marketing Materials”) on ProspectNow operated Web sites or in similar print materials. Customer acknowledges and agrees that ProspectNow has all rights in such Marketing Materials, and may freely use and distribute such Marketing Materials. Customer additionally acknowledges that any unsolicited positive feedback Customer provides to ProspectNow, may be used by ProspectNow for inclusion in Marketing Materials (e.g., customer testimonials). Except as set forth herein, Customer retains all rights in the Customer Marks.
3.3 DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROSPECTNOW SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, DATA, THE WEBSITE, AND ANY OTHER MATERIALS MADE AVAILABLE BY IT TO CUSTOMER, INLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF CUSTOMER IS ADVISED OF THE PURPOSE), WARRANTIES AGAINST INTELLECTUAL PROPERTY AND OTHER INFRINGEMENT AND THE IMPLIED WARRANTIES ARISING FROM A PARTICULAR COURSE OF DEALING OR USAGE OR TRADE. PROSPECTNOW SPECIFICALLY DISCLAIMS ANY CLAIM IN TORT (INCLUDING NEGLIGENCE), IN EACH CASE, WITH RESPECT TO THE SERVICE, DATA, WEBSITE, OR ANY OTHER MATERIALS PROVIDED BY PROSPECTNOW AND ANY OTHER INFORMATION TECHNOLOGY, CONTENT, PRODUCTS OR SERVICES PROVIDED BY PROSPECTNOW UNDER THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER.
3.4 LIMITATION OF LIABILITY. PROSPECTNOW’S ENTIRE LIABILITY AND CUSTOMER’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO, OR ARISING OUT OF THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT BY PROSPECTNOW IS SOLELY LIMITED TO THE AMOUNT CUSTOMER PAID DURING THE TWELVE (12) MONTH PERIOD PRIOR TO SUCH BREACH. PROSPECTNOW WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT, THE DATA, WEBSITE, OR THE SERVICE IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE SERVICE OR MALFUNCTIONS IN THE SERVICE, INACCURACY OR INCOMPLETENESS OF THE UNDERLYING DATA; (2) THE COST OF PROCURING SUBSTITUTE SERVICES; (3) ANY SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S TRANSMISSIONS OR DATA THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF PROSPECTNOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.
3.5 REPRESENTATIONS AND WARRANTIES. Customer represents and warrants to ProspectNow that (1) it is authorized to enter into this Agreement, and the signatory signing this Agreement is authorized to bind Customer and make payments using the mechanism used; (2) Entry into this Agreement shall not violate any outstanding obligation Customer has to any third party; (3) Customer shall use the Service and the WEBSITE strictly in accordance with the limitations set forth in this Agreement, including in Section 1.3; (4) Customer has provided accurate contact information; and (5) Customer will ensure that its end users comply with the restrictions set forth in this Agreement (including Section 1.3) and are only allowed to access the Service subject to entry into terms and conditions containing any restrictions set forth herein (including Section 1.3).
3.6 INDEMNIFICATION. Customer shall indemnify, defend and hold harmless ProspectNow and any of their officers, affiliates, directors, shareholders, employees and agents, from and against any and all loss, costs damage assessments, injuries, expenses (including but not limited to reasonable attorneys’ fees and costs), claims and liabilities arising out of or incurred due to Customer’s: (1) breach of this Agreement, (2) misuse of the Service, (3) negligence, misconduct, misrepresentation to its customers/end users, and (4) failure to abide by the restrictions set forth in Section 1.3. Customer shall not, without the prior written consent of ProspectNow, settle, compromise or consent to the entry of any judgment that could impose any liability or obligation upon ProspectNow. If ProspectNow is threatened with suit or sued by a third party, ProspectNow may seek written assurances from Customer concerning Customer’s promise to indemnify Company; and failure to provide such assurances may be considered by ProspectNow to be a material breach of this Agreement. ProspectNow will have the right to participate in any defense by Customer of any indemnified claim, with counsel of ProspectNow’s choice at Customer’s expense.
3.7 ENTIRE AGREEMENT. This Agreement (including all Exhibits) contains the entire understanding between the parties with respect to the subject matter hereof, and supersedes all prior agreements and understanding, express or implied or written, among the parties. This Agreement cannot be modified or amended without the written consent of both parties.
3.8 GOVERNING LAW. This Agreement will be governed by and interpreted in accordance with the applicable U.S. federal law and the laws of the State of Illinois without regard to choice of law provisions. Each party hereto (i) consents to and waives any objections to personal jurisdiction, service of process, and venue in the state and federal courts located in Chicago, Illinois, and (ii) agrees that any action or proceeding arising out of or related to this Agreement will be filed and prosecuted only the aforementioned courts. The most prevailing party in any legal action relate to this Agreement shall be entitled to its reasonable attorneys’ fees. Customer agrees that regardless of any statute or law to the contrary, any claim or cause of action brought by Customer against ProspectNow and arising out of or related to use of the Service, the WEBSITE, or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
3.9 INDEPENDENT CONTRACTORS. ProspectNow and Customer are independent contractors under this Agreement, and nothing herein will be construed to create a partnership, joint venture, franchise or agency relationship between ProspectNow and Customer. Neither party has any authority to enter into an agreement of any kind on behalf of the other party.
3.10 FORCE MAJEURE. Except with respect to payment obligations hereunder, neither party will be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Service, resulting directly or indirectly from acts of nature, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond each party’s reasonable control.
3.11 ASSIGNMENT. Customer may not assign, delegate, or transfer its rights and obligations under this Agreement to any third party (including but not limited to a successor-in-interest, or pursuant to a sale, merger, or other corporate transaction) without the express prior written consent of ProspectNow. Customer acknowledges that ProspectNow may assign this Agreement without Customer’s consent (a) in connection with the assignment, sale or transfer of at least a majority of ProspectNow’s assets or outstanding voting securities, and (b) to a successor-in-interest pursuant to a merger or other corporate combination. All the terms, provisions, and conditions of this Agreement shall inure to the benefit of and shall be enforceable by the parties hereto and their respective successors and assigns.
3.12 OPPORTUNITY TO NEGOTIATE. Customer has had an opportunity to engage counsel of its choice, and to review, and negotiate all of the provisions of this Agreement. Accordingly, the Agreement shall be considered to be jointly drafted by the parties and not interpreted against either party.
3.13 EMAIL AND PHONE COMMUNICATIONS. Customer agrees from time to time that ProspectNow may send notifications via email, phone or mail to the customer and the customer agrees to receive these communications.
3.14 ARBITRATION. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE ARBITRATION OF CERTAIN DISPUTES ON AN INDIVIDUAL BASIS AND LIMIT THE PROCEDURES BY WHICH YOU AND Buildout CAN SEEK RELIEF. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, ALLOWS FOR MORE LIMITED DISCOVERY THAN IN COURT, AND IS SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW; CLASS ARBITRATIONS, CLASS ACTIONS OR REPRESENTATIVE ARBITRATIONS ARE NOT PERMITTED. HOWEVER, IN ARBITRATION, BOTH YOU AND US WILL BE ENTITLED TO RECOVER ATTORNEYS’ FEES FROM THE OTHER PARTY TO THE SAME EXTENT AS YOU WOULD BE IN COURT.
A. Agreement to Arbitrate and Jury Waiver: You and Buildout mutually agree to resolve Disputes (as defined below) with Buildout in arbitration, as set forth in more detail below. Both you and Buildout waive the right to a jury trial on any Disputes, to the fullest extent of the law. The word “Disputes” means any disputes, claims, suits, actions, causes of action, losses, liabilities, and/or demands in any way relating to, in connection with, or arising out of the Website, use of any cookies, pixels, web beacons, or similar technologies, data or information privacy, sharing, or security concerns, incidents, or breaches, or these Terms of Use, including any past, currently pending, existing, or future Disputes of any kind. “Disputes” do not include, and this arbitration and class waiver provision does not apply to, claims by or against Buildout employees related to the terms or conditions of their employment, claims by Buildout patients for alleged medical malpractice, wrongful death, or similar personal physical injury or survivor claims related to a patient’s medical care at Buildout or by a Buildout, individual actions brought in small claims court for disputes fully within the scope of such court’s jurisdiction, or claims in which either party seeks injunctive or other equitable relief to prevent the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.
B. Class Action Waiver: To the maximum extent allowed by applicable law, you and Buildout agree that each may bring claims against the other only in your or its individual capacity, on an individual basis, and that you and Buildout each waive any right to pursue claims on a class, collective, non-individual, mass, or consolidated basis or in a representative proceeding. The arbitrator may not join or consolidate more than one person’s claims, and may not otherwise preside over any form of representative, collective, non-individual, mass, or class proceeding. Nothing in these terms should be read to allow class arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. All other disputes with respect to whether this Dispute Resolution provision and its terms are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
C. Pre-Arbitration Notice and Good Faith Negotiations: You and Buildout also agree that each party will notify the other in writing of any Dispute before initiating arbitration, so that we can try to resolve the Dispute informally and individually. Notice by Buildout will be sent to you at your last known street and email addresses on file, and notice by you to Buildout will be sent by mail to Buildout’s Legal Department, 1600 Golf Rd #1200, Rolling Meadows, IL 60008, Attn: Chief Legal Officer. The notice of Dispute must be specific and individual to you and include your name, street address, telephone number, and email address used for access to the Website, as well as a brief description of the Dispute, the amount of money (if any) at issue, and the specific relief sought. The notice must be signed and include your handwritten signature or the handwritten signature of a Buildout employee, as applicable, depending on which party is initiating the Dispute. You and Buildout then agree to negotiate personally, individually, and in good faith to try to resolve the Dispute. If and only if we cannot resolve the Dispute within thirty (30) 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 thirty (30)-day period. Compliance with this Pre-Arbitration Notice provision is a condition precedent and requirement for initiating any arbitration proceedings.
D. Arbitration Procedures: To make arbitration as cost-efficient for the parties as possible, the parties agree to initiate any arbitration without using an arbitration service Buildout or administrator and to instead serve directly on the other party a written arbitration demand setting forth the relevant facts and claims. The demand will be specific and individual to you and include the information and signature set out in the Pre-Arbitration Notice provision above. The delivery addresses for service of the written arbitration demand are the same as set out in the notice paragraph above. The arbitrator will be selected through mutual agreement of the parties, and the arbitrator will be a licensed attorney or a retired judge. The parties may use an arbitrator from the lists of court-approved neutrals listed on the Website for the U.S. District Court for the Illinois (https://www.illinoiscourts.gov/) or another mutually agreed-upon arbitrator, and the court will appoint an arbitrator under 9 U.S.C. § 5, if the parties cannot agree. The arbitration will be conducted in Cook County; your county of residence; or another mutually agreed location, and the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of arbitration. Any documents exchanged will not be used or shared outside of the arbitration process without the prior written consent of the parties or as required by law. Unless otherwise prohibited by law, all arbitration proceedings will be confidential to Buildout and you, and closed to the public and anyone not a party to the proceeding. The arbitrator will have the authority to award monetary damages and other remedies on an individual basis only to the extent available under applicable law and consistent with and subject to the limitations set forth in these Terms of Use. Also, to the fullest extent allowed by law, the arbitrator may award declaratory or injunctive relief only in favor of you or Buildout and only to the extent necessary to provide the relief warranted by your or Buildout’ individual claim. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. Except as modified by these terms, the parties agree to conduct their arbitration pursuant to the JAMS General Arbitration Rules and Procedures, available here.
E. Arbitration Fees: The party initiating the arbitration will pay any filing, case initiation, or arbitrator fees, up to the amount that would be required to pursue the same claim in the U.S. District Court for Illinois. For individual damages claims with less than $25,000 at issue, Buildout will pay the additional, reasonable fees and costs of arbitration. For claims with more than $25,000 at issue, or where a party seeks injunctive or declaratory relief, the parties will share the fees and costs of arbitration equally. The parties’ good faith negotiation of reasonable fees with the arbitration Buildout is authorized as needed. If the arbitrator determines that your or our claim(s) are frivolous, the party bringing the frivolous claim(s) will reimburse Buildout the other party for any amounts that the other party paid for the arbitration.
F. Federal Arbitration Act: These Terms of Use affect interstate commerce, and the interpretation and enforceability of this Dispute Resolution provision will be substantively, procedurally, and exclusively governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the maximum extent permitted by applicable law, except as modified by these Terms of Use.
G. Forum Selection: For any dispute not subject to arbitration, you and Buildout agree to proceed in state and federal courts covering Illinois, and you agree to be subject to personal jurisdiction there, waiving any jurisdictional, venue, or inconvenient forum defenses or objections to those courts. If Buildout does not enforce any rights under these Terms of Use at any point, it will not be deemed a waiver of any provision or right under these Terms of Use.
Limitation of Time to File Claims: Any action, claim or dispute you have against us must be filed within one (1) year, unless prohibited by applicable law. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
EXHIBIT A – TERM
ProspectNow may terminate this agreement at any time for any reason unless the customer has paid for the service in which case neither party shall have the right to terminate prior to the expiration of the subscription term outlined here, or within written contract, except as provided in section 2.3. Upon termination, the customer shall cease to have access to the website and provided the customer does not have an outstanding balance owed, no further billings shall take place. No refunds will be processed for billings that occurred prior to the termination.
EXHIBIT B, PRICING
The access to the service shall be free of charge during the trial period provided in section 2.7; monthly payment during subscription phase; annual as specified in a separate written contract.
EXHIBIT C, CONTACT INFORMATION
Accuracy and Completeness: The Contact Information is provided on an “as is” basis. We do not undertake any process of verification or validation of the Contact Information, and as such, we make no warranties, either express or implied, regarding the accuracy, timeliness, or completeness of the Contact Information.
Use at Your Own Risk: Any reliance you place on the Contact Information is strictly at your own risk. We are not responsible for any inaccuracies or errors in the Contact Information, and any use of the Contact Information is done with the understanding that we are not liable for any damages or losses incurred as a result of such use.
No Liability: We shall not be liable for any losses, damages, costs, or expenses arising out of or in connection with the use of, or the inability to use, the Contact Information. This includes, but is not limited to, any reliance on the availability, accuracy, reliability, timeliness, or usefulness of the Contact Information.
Updates and Changes: The Contact Information may be updated or changed at any time without notice. However, ProspectNow does not make any commitment to update the information at specific intervals, and therefore, we cannot guarantee the provision of the most current information at any given time.
Acknowledgment: By using the Contact Information provided by ProspectNow, you acknowledge that you have read and understood this disclaimer and agree to the terms and conditions outlined herein.
This disclaimer is not exhaustive and does not cover all possible issues related to the Contact Information provided. It is always advisable to consult with a professional or conduct your due diligence before relying on the Contact Information provided.3-
Privacy Policy
Effective as of September 10, 2024
Buildout, Inc., parent company of LTRAC LLC, LTRAC LLC dba ProspectNow, is serious about protecting the privacy of your personal information, whether you are a subscriber to or user of any of the ProspectNow on-line services, or a visitor to or user of the ProspectNow website. We have put strict policies into place to ensure that the privacy of your personal information is protected while still enabling you to make use of the website or the on-line services provided by ProspectNow. We use information collected about you through the use of our on-line services or on the website solely for the purposes set out in this Policy. The terms of this Privacy Policy may be updated from time to time, so please check our website or this page occasionally for updates. The terms of this Policy are also incorporated into the ProspectNow Terms of Use, found at http://www.ProspectNow.com/terms-use.
ProspectNow collects a limited amount of data directly from our users, subscribers and customers, as described in the next two sections of this Policy. We also license and aggregate real estate data and transactional and property tax assessment information for use in the products we sell to customers, principally real estate professionals. Our privacy protections for licensed data, not collected by us from users or consumers, is described in the “Data Collected for use in ProspectNow Products” section of this Policy.
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.
Collection of Information from our users and its use
When you sign up with ProspectNow on-line, either in the form of a subscription to a ProspectNow on-line service, by requesting additional information about our services on our website, or by signing up to participate in a ProspectNow survey, event, contest or sweepstakes on-line, all users are asked to fill out a registration form. Registration information includes name, phone number, role, company, password, credit card information and email. All registration information is kept private and secure, and is used only for purposes of maintaining subscription accounts, billing, and to contact users with information regarding our services, webinars, surveys, contests or similar events. Credit card information is not stored with ProspectNow and is communicated to our 3rd party billing provider, Stripe. We do not sell or rent this information to any third party, however we may share this information with 3rd parties that support internal operations at ProspectNow, including but not limited to marketing automation, CRM systems, and marketing partners. ProspectNow employs a secure e-mail hosting service to deliver e-mail and communications.
By completing any of our on-line registration processes, you are specifically agreeing to receive communication from us by e-mail, postal mail, SMS and by telephone.
In addition to the personal information added by users in this registration process, other information collected automatically from website visitors will include (and is not limited to) IP address, browser type, time and date of use, and any activity performed while on our website or using our service. By using our website and/or by registering with ProspectNow for informational, subscription service purposes or any other on-line purposes, you consent to the collection and use of the information described herein by ProspectNow.
PLEASE NOTE: Your registration information and any information collected by ProspectNow when you visit our website is neither added to the ProspectNow Database nor can such information be be accessed by customers of a ProspectNow product.
Personal Information of our users and its use
ProspectNow will not sell, rent, or license the personally identifiable information (such as name, email, mail address, billing address etc.) that you submit in your registration for our services or your registration for inquiries into our services. In order to make ProspectNow more useful to customers, we do collect and analyze aggregated, non-personal, statistical information about subscribers and visitors. From time to time we share this information in aggregate and de-identified form only, with third parties. This information reveals nothing about individual users and visitors to the website and is only used to communicate demographic and behavioral understandings of our customers and visitors internally and to potential advertisers, business partners and investors.
Data Collected for use in ProspectNow Products
ProspectNow licenses and aggregates data to provide to its customers for use our in our products. These customers are most commonly real estate professionals.
Although not legally mandated until January 1, 2020, ProspectNow is already fully compliant with the recently enacted California Consumer Privacy Act (CCPA). The vast majority of our information about non-business properties and individual homeowners has been obtained from public records sources, such as mortgage liens and real estate tax assessments, that is not considered “personal information” under (and is therefore not subject to) the CCPA. However, ProspectNow does license and collect phone numbers and email addresses on consumers information which is subject to the CCPA. In the interest of transparency and to implement our commitment to consumer privacy, ProspectNow applies the CCPA’s requirements to ALL our residential real estate database and website registration content, meaning that California residents enjoy the benefits of CCPA rights from ProspectNow even though we are not obligated to do so on all of our data.
The CCPA includes three important rights that ProspectNow voluntarily offers to California consumers:
- Disclosure. California consumers can request that ProspectNow disclose the categories and specific pieces of personal information we have collected or purchased about them, the business purpose for collecting or purchasing the information, and the categories of any third parties with whom we share or to whom we have sold such information, without charge but no more than twice in any 12-month period, by sending a written disclosure request by e-mail to privacy@ProspectNow.com or by phoning us toll-free at 888-956-9998. You will need to provide documented proof that you are the person in question. We will disclose the foregoing within 45 days unless we provide notice of a longer period as permitted by the CCPA.
- Deletion. California consumers can request that ProspectNow delete any personal information about the them which we have collected from or purchased by sending a written deletion request by e-mail to privacy@ProspectNow.com or by phoning us toll-free at 888-956-9998. Again, you will need to provide documented proof that you are the person in question. ProspectNow will promptly delete all personal information about a California consumer upon a receipt of a deletion request, except with regard to information that is necessary for us to complete registration of and provide services to the consumer, protect against security incidents or fraudulent or illegal activity, to maintain the functionality of our website and databases and for other, internal uses specifically permitted by the CCPA.
Opt-Out. California consumers can request that ProspectNow not sell personal information about them to third parties. Known as the “right to opt-out,” such a request may be made by sending a written opt-out request by e-mail to privacy@ProspectNow.com, by phoning us toll-free at 888-956-9998 or by using the “Do Not Sell My Personal Information” link and page of our website.
Data Security
We follow generally accepted industry standards to protect the information collected on or through our website and in our services. While we use the latest security technologies and tools, it should be noted that no method of electronic storage or transmission can guarantee absolute data security.
When you enter sensitive personal information (such as credit card information) into our system, such information is sent to our payment processor in an encrypted form (with Secure Socket Layer (SSL) technology) and not stored on our servers. This information will not be sold or shared with any third party other than the trusted transaction processing partner that we use to complete any on-line financial transaction.
While we strive to protect your personal information, ProspectNow cannot ensure or warrant the security of any data or content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, we will notify you as soon as possible so you can take appropriate protective steps and to inform you of the steps that ProspectNow is taking with respect to such breach.
Cookies
ProspectNow uses “cookies” (cookies are small files that your web browser places on your computer’s hard drive) to store some non-sensitive personal preference information regarding your use of the website for future visits and to enhance the ProspectNow services. Cookies allow us to recognize you more quickly and provide a more personalized and productive experience. Our use of cookies in this manner is similar to that used on most major websites. You may decline the use of cookies and configure your browser to accept, reject or erase all cookies or be notified when a cookie is set.
Communication with our subscribers
We communicate with subscribers to our services through e-mail, SMS, phone and other means of electronic communication. By filling out an online form, you are consenting to this communication.
Users may choose to opt out of receiving e-mail communications from ProspectNow and clear opt-out instructions are included in e-mail messages, or you can simply call us at 1-888-956-9998. However, we periodically communicate information to active customers about customer accounts, renewal notices and information about service changes in order to ensure the integrity of our services and such communications cannot be terminated by subscribers unless they cease to subscribe to the services.
Links to other sites
We include links to other websites that are not owned or controlled by us and we are not responsible for the privacy practices of those websites. This policy applies to information collected by us through the website or in the provision of the services we offer.
PERSONAL INFORMATION WE COLLECT AND HOW WE COLLECT IT
For the purposes of this Privacy Policy, “Personal Information” means any information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual. The categories of Personal Information we collect depend on how you interact with us, our Services, and the requirements of applicable law.
A. Personal Information You Provide to Us Directly
We collect the following information you provide to us:
Should you submit any information through our Services, you warrant that you are authorized to submit this information and in the event that you request Buildout to move or otherwise transfer your data (i.e., from one system/account to another), you warrant that you have the authority to submit such a data transfer request.
B. Cookies, SDKs and Other Technologies
From time to time when you use our Services, we may collect certain information such as the IP address of your computer or network connection. We may also collect other information such as the time and date of your visit to our Services, the pages and other content that you access, the number of times you return to our Services, and other information that your browser sends whenever you visit or use our Services. In case of cross-account access, we may also receive information about you from third-party service providers such as Google or Microsoft.
Depending on whether you use our Website or App, this process may involve the placement of a small, removable text file (commonly referred to as a “cookie”) on your computer’s hard drive, software development kits (“SDKs”), web beacons, web server logs, and similar technologies. SDKs are a set of tools that provides a developer with the ability to build a custom application which can be added on, or connected to, another program. SDKs allow us to develop our App. We may integrate into the Services technology provided by third parties (e.g., Google Analytics and ChurnZero) to accomplish this information collection. We also collect information processed through social media plugins on our Services, and if required by law, we enter into appropriate agreements with the social media plugin service providers. Social networks are able to retrieve Personal Information through those plugins, even if you do not interact with them. We encourage you to read their applicable privacy policies and data protection notices to learn more about them.
Cookies are small files that are placed onto your device (e.g., computer, smartphone or other electronic device) that store information when you visit a website. Pixel tags (also called web beacons, clear gifs, or tags) are a similar technology that consists of small images or snippets of code that can help the website owners learn how you interact with websites and emails. Some cookies allow us to make it easier for you to navigate our Services, to deliver relevant local resources, remember browser preferences, and improve your experience on our Services.
Depending on the location of the users, we use first and third-party cookies, including functional cookies and analytics cookies. For more information on cookies, please see Section VIII for Californian users and Section X for EU users. Functional cookies are necessary to enable your visit to our Services. These are first-party session cookies which exist only during an online session. They are typically deleted from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Services. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Services.
We use first and third-party analytics cookies to facilitate and improve the use of our Services. These are persistent cookies, which remain on your computer after you have closed your browser or turned off your computer. We use these cookies to track aggregate and statistical information about your activity. We, and our third-party service providers, also use these cookies and similar technologies to analyze trends to track information about your use of our Services and gather demographic information about our user base as a whole. We may combine this information with other information we collect from you (and our third-party service providers may do so on our behalf).
We use Google Analytics on our Services to collect usage data, to analyze how you use the Services and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.
We may also use Facebook and Twitter remarketing service to inform, optimize, and serve advertisements based on your past visits to our Services. You can opt out of Twitter’s interest-based ads by following their instructions: https://help.twitter.com/en/safety-and-security/privacy-controls-for-tailored-ads. You can opt out of Facebook’s interest-based ads by following these instructions from Facebook: https://www.facebook.com/help/568137493302217.
You can control the use of cookies at the individual browser level. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. You can also control the use of analytics cookies via our cookie banner. If you disable cookies, you will be able to browse certain areas of our Services, but some features may not function.
C. The ProspectNow Database and Ability to Opt
Out The ProspectNow Database contains millions of property records and company profiles. The ProspectNow Database has been created by ProspectNow in the following ways: 1) by way of public records aggregation, and 2) by way of licensing of business information from third-party data providers. We recognize that publishing public information about real property necessarily involves the publication of information about real estate properties that might be used to associate public records with individual people. The information provided on this site is protected by the Freedom of Information Act, the corollary state laws, and the First Amendment; however, we oppose the use of the information on this site to invade the privacy of anyone. As a courtesy, not limited to California residents, we permit limited suppression of personal information for owner-occupied homeowners with regard to their primary residence. If you wish to have your personal information removed from this website and our database or you have any other concerns with regard to content on the website, contact us at privacy@buildout.com and you will receive a response within 48 hrs. You will need to provide documented proof that you are the person in question and that you live at the property in question, and we will take steps to remove references to your information on the site. Owners of commercial and investment property such as multi-family apartment buildings, rental homes, office or retail buildings are not included in this policy. As our site is updated regularly, we cannot promise than any such changes will be permanent. Phone number data is the responsibility of your telephone service provider or the public agency which provided it. If you wish to have a commercial phone number removed from the site, contact your provider or the appropriate agency to have your phone number de-listed or removed. It may take three to six months for this change to appear on the site. If the phone number you’d like to have removed is a number for your personal residence associated with a property in our database, enter phone number below along with proof of residency at the property in question, and we will provide a response within 48 hrs.
HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION
THIRD-PARTY WEBSITES
Our Services may contain links, features, components, or other interactive tools supplied by third parties and third parties may reference or link to our Services. Please be aware that you are providing your Personal Information to these third parties and not to Buildout. This Privacy Policy does not apply to these third-party websites. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing Personal Information to third-party websites or applications is at your own risk. BUILDOUT DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR WHAT THIRD PARTIES DO IN CONNECTION WITH THEIR WEBSITES, OR HOW THEY HANDLE YOUR PERSONAL INFORMATION. PLEASE EXERCISE CAUTION AND CONSULT THE PRIVACY POLICIES POSTED ON EACH THIRD-PARTY WEBSITE FOR FURTHER INFORMATION.
CHILDREN’S PRIVACY
Our Services are not directed at children under the age of 16. We do not knowingly collect any information from children under the age of 16, and any such disclosure is strictly prohibited. If you are a parent or guardian and believe your child has uploaded Personal Information to our Services without your consent, you may contact us as described in Section VII below. If we become aware that a child has provided us with Personal Information in violation of applicable law, we will delete any Personal Information we have collected, unless we have a legal obligation to keep it.
DATA SECURITY
Buildout takes reasonable precautions to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot guarantee the security of any information you provide to us, and you do so at your own risk. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of Personal Information.
CONTACT INFORMATION
Should you have any questions or concerns about this Privacy Policy or any of its provisions, contact us by phone at 888-803-2343 or email at privacy@buildout.com.
SUPPLEMENTAL NOTICE FOR CALIFORNIA RESIDENTS
If you are a resident of California, the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA) (Civil Code Section 1798.100, et seq.) (collectively, “California Law”) and “Shine the Light” laws provide you with additional rights regarding your Personal Information. This Supplemental Notice for California Residents supplements this Privacy Policy and applies solely to eligible residents of the State of California (“consumers” or “you”) as of January 1, 2023.
Any terms used but not defined in this section have the same meaning as defined in California Law. In this section, Personal Information mean information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. This notice takes precedence over the Privacy Policy with respect to your Personal Information for California residents if there is a conflict between the two.
A. Information We Collect
Depending on how you have interacted with us and our Services, we may have collected certain information within the following categories of Personal Information from you in the last twelve (12) months. The categories below are those identified under California Law.
Please note that some of the categories of Personal Information described in California Law overlap with each other; for instance, your name is both an identifier and a type of data described in Cal. Civil Code 1798.80(e).
B. “Sales” or “Sharing” of Personal Information under California Law
Buildout does not sell your Personal Information for direct, monetary profit. However, we do engage in certain information disclosure activities as described in the Section above titled “Disclosure of Your Personal Information” that may be considered “sales” or “sharing” under California Law. For instance, our Services may include social media plug-ins (such as the Facebook like button), widgets (such as the “Share” button), cookies or other tools made available by third parties, such as social media companies, that may result in information being collected or disclosed between us and the third parties for various purposes, including to select and serve personalized advertisements to you and others. These third parties may set and access their own cookies, web beacons, and embedded scripts on your device, and they may otherwise collect or have access to information about you, including unique personal identifiers such as an IP address, and they may disclose that information to us. Your interactions with these third parties are governed by the third parties’ privacy policies.
C. California Law Privacy Rights
Under California Law, California residents have the following rights, which can be exercised directly or in certain cases, through an authorized agent (as discussed below):
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.
D. How to Exercise Your Privacy Rights
To exercise privacy rights as described above, please submit a verifiable consumer request by:
E. Verifiable Consumer Requests
To exercise your right to know, access, delete, or correct your Personal Information as described above, we may take reasonable steps to verify your identity or authority to make the request and confirm the Personal Information relates to you.
Only you, your parent, guardian (if you are under 13 years or age), conservator, a person to whom you have given power of attorney pursuant to California Probate Code sections 4000 to 4465, or an authorized agent may make a verifiable consumer request related to your Personal Information. You may, however, make a verifiable consumer request on behalf of your minor child if necessary. If an authorized agent makes the request on your behalf, then (i) we will need proof that you have provided the agent with power of attorney; (ii) you must provide the agent with signed permission to submit a request to access or delete; (iii) you must verify your identity directly with us; or (iv) you must confirm with us that you provided the authorized agent permission to submit the request.
We will ask you to provide certain information to verify your identity or authority to make the request: name, email address, and telephone number. Your verifiable consumer request must provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized agent. We cannot respond to your request if we cannot verify your identity or authority to make the request. You may only make a verifiable consumer request for your right to access twice within a 12-month period.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password-protected account sufficiently verified when the request relates to Personal Information associated with that specific account.
F. Response Timing and Format
We attempt to respond to a verifiable consumer request within 45 days after we receive it. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing within 45 days after we receive your initial request. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period immediately preceding the date we receive the verifiable consumer request. The response we provide will also provide the reasons we cannot comply with a request, if applicable. For access requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
G. Data Retention
We may retain all categories of your Personal Information described above for as long as needed to carry out the purposes described herein or as otherwise required by applicable law. Unless we are required or permitted by law to keep your Personal Information for a longer period of time, when your Personal Information is no longer necessary to carry out the purposes for which we process it, we will delete your Personal Information or keep it in a form that does not permit identifying you. When determining the retention period, we take into account various criteria, such as the nature of the use of the Services, your general relationship with us, the impact on our ability to provide you the Services if we delete your Personal Information, mandatory retention periods provided by law and the statute of limitations, and our use of your Personal Information for aggregated market research.
H. Do Not Track
Some internet browsers – like Internet Explorer, Firefox, and Safari – include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform signals have not been adopted, we do not currently process or respond to “Do Not Track” or “DNT” signals.
I. California’s Shine the Light Law
Under California Civil Code Section 1798,83, California residents with an established business relationship with us can request information once a year about sharing their Personal Information with third parties for the third parties’ direct marketing purposes. If you are a California resident and would like to make such a request, please contact us as described in Section VII.
SUPPLEMENTAL NOTICE FOR ELIGIBLE RESIDENTS OF COLORADO, CONNECTICUT, UTAH, AND VIRGINIA
Eligible residents of Colorado, Connecticut, Utah and Virginia also have rights with respect to the Personal Information that Buildout collects about you. This Colorado, Connecticut, Utah, and Virginia Privacy Rights section supplements this Privacy Policy and applies solely to eligible residents of Colorado, Connecticut, Utah and Virginia. Any terms not defined in this section have the same meaning as defined under applicable Colorado, Connecticut, Utah and Virginia privacy law, including the Colorado Privacy Act, Connecticut Data Privacy Act, Utah Consumer Privacy Act and Virginia Consumer Data Protection Act. Subject to certain exceptions, if you are an eligible resident of one of these states, you have certain privacy rights which may include, depending on your state of residency:
To exercise the rights described above, please submit a consumer request to us by:
CANADIAN PRIVACY RIGHTS
If you are located in Canada, the Personal Information Protection and Electronic Documents Act and applicable provincial privacy legislation (collectively, “Canadian Privacy Laws”) govern the collection, use and disclosure of personal information by organizations in the course of commercial activities. If you are located in Canada, this Canadian Privacy Rights section applies to you. Additionally, in certain Canadian provinces, provincial privacy legislation will apply to you, namely, for the Province of Alberta – the Personal Information Protection Act (Alberta), for the Province of British Columbia – the Personal Information Protection Act (British Columbia) and for the Province of Quebec – the Act respecting the protection of personal information in the private sector also applies to you and the expression “Canadian Privacy Laws” therefore also includes reference to these provincial laws. If you live in Canada and any part of our general Privacy Notice conflicts with this Canadian Privacy Rights section, this Canadian Privacy Rights section governs to the extent of the conflict.
Personal Information
Under Canadian Privacy Laws, personal information means any information about an identifiable individual, which may, in certain circumstances, include information gathered from your use of the Services.
Consent
In Canada, express or implied consent is the legal basis upon which organizations may collect, use and disclose personal Information. Accordingly, personal information will only be collected, used, and disclosed by us for the purposes described above in this Privacy Notice under the heading “How We Use Your Personal Information”, with your express or implied consent. We will collect your express consent for any sensitive personal information that we may collect, use, or disclose. Otherwise, your continued use of the Services signifies your consent to our collection, use, and disclosure of your personal information as described in this Privacy Notice, as it may be amended from time to time after you have been informed of any such amendment. Your continued use of the Services after having been informed of any amendment to this Privacy Notice will be deemed a consent by you to any such amendment; if you do not agree with this Privacy Notice or any amendment, do not access the Services.
If you provide personal information of a third party to us, you represent that you have complied with the requirements of Canadian Privacy Laws with regards to its collection before providing it to us and for us its use and disclosure as set out in this Privacy Notice.
Online Behavioral Advertising
With respect to the information that we collect using cookies or similar technologies that we have described above, you can opt-out of several third party ad servers’ and networks’ cookies simultaneously by using an opt-out tool created by the Digital Advertising Alliance of Canada and an opt-out tool created by the Network Advertising Initiative. Opting out of a network does not mean you will no longer receive online advertising. It does mean that the network from which you opted out will no longer deliver ads tailored to your web preferences and usage patterns.
Your Rights
Withdrawal of Consent
Under Canadian Privacy Laws, you have the opportunity to withdraw your consent at any time to our collection, use or disclosure of your personal information, subject to reasonable prior notice and applicable legal and contractual restrictions. Depending on the nature of the personal information for which you choose to withdraw your consent, if you do withdraw your consent we may not be able to provide our products and services to you; we will explain the implications of withdrawing consent to you when we receive your notice of withdrawal. If you withdraw your consent in respect of any personal information that has been provided to third parties, we will advise such third parties of your withdrawal to the extent required by Canadian Privacy Laws.
Right to be informed
You have the right to be information about the personal information that we collect, use, process, disclose, retain and have deleted about you. You may request additional information to clarify the extent of your consent.
Right to an Accounting
You have the right to receive an accounting of the categories of third parties to whom we have disclosed your personal information.
Rights of Access, Correction
You have the right to access the personal information we maintain about you and you have the right to correct or supplement your personal information if it is inaccurate or misleading and to have it completed if it is incomplete. Where appropriate, to have personal information that you have corrected or supplemented transmitted to third parties who have had access to your personal information.
Right to be notified of a Data Breach
If you are in Quebec, you have the right to be informed of a confidentiality breach involving your personal information that may cause you a serious harm. If you are in the rest of Canada you have the right to be informed of a breach of security safeguards affecting your personal information where there is a real risk of significant harm to you.
Right to Lodge Complaints
You have the right to lodge a complaint about our collection, use or disclosure of your personal information with the Office of the Privacy Commissioner of Canada and any applicable provincial privacy commissioner’s office having jurisdiction.
Additional Rights in Quebec
If you are in the province of Quebec, you have the following additional rights:
Right of Deletion
You may request under certain circumstances the deletion of your personal information.
Right to Data Portability
As of September 22, 2024 you will have the right to be provided, in a structured, commonly used and machine-readable format, with a copy of your personal information or to have it transferred directly to another entity or person.
To exercise the above rights, please get in touch with us using the contact information provided below under the heading “Contact Us”. We will consider and process your request within a reasonable period of time and in any event within thirty days of receipt of your request or such longer time as we may be permitted under Canadian Privacy Laws. Please be aware that under certain circumstances, Canadian Privacy Laws may limit your exercise of these rights.
If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions.
If we refuse to rectify your personal information, we will attach a statement to the record that sets out the reason why we have refused to make the rectification.
We will also retain the personal information that has been the subject of an access request or a rectification request for as long as necessary to allow you to exhaust any recourse provided by law.
International Transfers
As noted above in this Privacy Notice, your personal information may be transferred to and stored at a location outside of your jurisdiction of residence. Please note that local data protection laws where your personal information is stored or processed may not provide as much protection as the data protection laws in force in your jurisdiction of residence, but we nevertheless ensure that we take reasonable steps to ensure that your personal information will not be used by such persons storing or processing the information for any purpose other than assisting us for the purposes described in this Privacy Notice. If you would like to receive more information about our policies and practices with respect to our use of service providers outside of Canada who handle your personal information or if you have any questions about our collection, use, disclosure or storage by any service providers outside of Canada on our behalf, please contact us at the address below under the heading “Contact Us”.
If you provide personal information of a third party to us, you represent that you have complied all the obligations imposed by Canadian Privacy Laws regarding the transfer of personal information outside the jurisdiction of residence.
Business Transfers
Where we disclose your personal information in the event of a business transfer described in our Privacy Notice above, we will ensure that the information is treated confidentially by the parties to the transaction and that the information will be protected by security safeguards appropriate to its sensitivity. If the transfer is completed we will require that the parties to the transaction continue to treat your personal information in accordance with Canadian Privacy Laws.
Service providers
Where we disclose personal information to services providers, we ensure that they are bound by contractual obligations to:
Electronic Marketing Messages
We send electronic marketing messages for the purposes described above in this Policy, however, notwithstanding Our Opt-in/Opt-out Policy described above, Canada’s anti-spam legislation contains special rules that regulate the way in which we may send these electronic messages to you. If you are located in Canada we will only send electronic marketing messages to you if we have your prior opt-in consent, unless an exception or a specific form of implied consent applies. You may learn more and sign up for our electronic mailing list by clicking here.
Information security and governance
Our internal policies and practices provide for:
Each employee who uses personal information is bound by confidentiality obligations and has received appropriate training. In addition, each employee may only access personal information that is necessary for the performance of his or her duties. In the event of a breach, our governance policies and practices provide for sanctions.
SUPPLEMENTAL NOTICE FOR USERS IN THE EU
A. Data Controller
Buildout, Inc., with registered offices at 1600 Golf Rd #1200, Rolling Meadows, IL 60008, United States, legal@buildout.com, collects and processes your personal data as a data controller within the meaning of the EU General Data Protection Regulation (“GDPR”) when you use our Services. Personal data means any information relating to an identified or identifiable natural person, such as a name, contact details, an online identifier such as an IP address, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
B. Processing of Personal Data, Legal bases and Purposes
We process your personal data for the following purposes:
Categories of personal data processed | Purpose(s) | Legal basis |
Information you submit to us (e-mail address, phone number, professional postal address, name, role, user account information and business relationship information, including information related to preferences and property listings)
| ● Provide our Services ● Creation and management of user account ● Verification of user identity ● Customer service | Our legitimate business interest to run and develop our commercial operations |
Handle claims, dispute, litigation and any other proceedings | Our legitimate interest to defend our legal interests | |
Comply with legal obligations and performance of compliance checks | Compliance with applicable law or regulatory requirements | |
Managing our transactions (including but not limited to merger, acquisition, divestiture or liquidation) | Our legitimate interest to conduct business dealings | |
Data anonymization to collect and analyze market trend information | Our legitimate interest to understand the market and to improve our business | |
Job applicant data (e.g., employment information, personal certifications and affiliations, job application) | To communicate with you about your job application and to determine your qualifications for job positions | Our legitimate interest to hire staff |
Personal data collected via functional cookies (e.g., your preferences) | Enabling you to visit and use our Services | Our legitimate business interest to run and develop our commercial operations |
Personal data collected through the use of social media plugins (e.g., your preferences, demographic data) | Benefiting from social media-related analytics | Our legitimate interests to develop commercial activities and improve our products and services |
C. International Transfers of Personal Data
We store information about you within the United States and in Germany. As a US-based company, to facilitate our operations, we may transfer your information to the United States, and to other countries where our trusted third-party vendors may reside. Such transfers may happen only provided that appropriate safeguards are put in place. [We have implemented international data transfer agreements based on EU Standard Contractual Clauses to cover our international data transfers. A copy of these clauses may be obtained by contacting privacy@buildout.com.]
D. Retention of Personal Data
We will retain personal data as long as necessary for the purpose for which the data was initially collected or otherwise processed, subject to applicable local retention requirements. In the event the legal basis for the processing of the personal data is consent, we will erase your personal data when you withdraw your consent.
E. Your Rights Under GDPR
You have the right to request access to your personal data and the right to rectify your personal data which are incorrect and/or incomplete. In certain circumstances, you have the right to erasure, the right to data portability, the right to object to and the right to restrict the processing of your personal data. You also have the right to withdraw your consent at any time and free of charge, with effectiveness for the future. You have the right to lodge a complaint with the appropriate European Union supervisory authority.
To exercise your rights or for further information concerning your rights, please contact privacy@buildout.com.
Phone Number Opt-Out
Refund Policy
Why We Don’t Offer Refunds
ProspectNow.com offers the right to use its Services for free for potential customers to have adequate opportunity to assess the value of these services prior to purchasing a license/subscription.
Unlike physical goods, electronically distributed software and deliverables can be duplicated. Once a purchase has been made, it is unfortunately not possible for us to recall all copies/deliverables (such as downloaded files). Therefore, ProspectNow does not accept refunds, returns, or exchanges. No refunds will be given, except in the company’s sole and absolute discretion.