360 Modern Privacy Notice
Effective Date: February 26, 2020
This Privacy Notice applies to Personal Information processed by 360 Modern in the course of our business, including, 360modern.com, the 360 Modern Applications, as well as additional sites/applications operated by our affiliates and subsidiaries, if any (each a "Site") and the services provided through the Sites (collectively with the Sites, the "Services").
The terms "360 Modern," "we," "us," and "our" includes 360 Modern and our affiliates and subsidiaries.
This Privacy Notice contains the following sections:
1. Personal Information Collection and Use
2. Personal Information Sharing
3. Your Choices
4. Individual Rights in Personal Information
5. Personal Information Retention
6. Personal Information Storage and Security
7. Other Important Information
1. Personal Information Collection and Use
This Privacy Notice covers our use of Personal Information. "Personal Information," means any information that relates to you and can -- either on its own or in combination with other information -- identify you as an individual. Personal information does not include information that has been de-identified or aggregated such that you can no longer be identified.
The types of information we collect depends on your level of engagement with the Services. The more you interact with the Services, the more information we need to provide the Services. This Section explains how we collect and use personal information based on your level of engagement with the Services.
A. All Users of the 360 Modern Sites
From registered and unregistered users of the Sites, we automatically receive and record information whenever you interact with the Sites. This includes IP address data from our server logs, cookie information, browser information, information about your activity while on the Sites (such as the pages you request, properties that you view or save, and property that you claim), and the URL of the site you came to the Sites from. We also may collect the mobile device ID (such as the ID for Advertising on iOS and Android ID on Android) from users of the 360 Modern Applications. If permitted by the settings on your device and/or with your consent, we will also collect your geo-location information. We use this to provide you with location specific information, such as homes for sale near your current location as determined by your geolocation, and information about listing your home for sale based on your geolocation. We may also approximate your location based off your IP address, to customize your experience on our Sites.
We may also use the information listed above to help diagnose problems and performance with the Services, analyze trends, customize your experience, and administer the Services. We may provide IP addresses to third-parties to help us analyze website user survey data. We may also use the information described in this section to better target information about 360 Modern's Sites and Services, for example, by displaying more accurate or relevant information on our Sites, matching you to a public record listing of a property, tailoring the advertising we display on third party websites and platforms, and sending better targeted and tailored messages, including via email and/or push notifications.
B. Registered Users of the 360 Modern Sites
My 360 Modern: My 360 Modern is a feature that allows you to upload notes and photos about a property, save searches, add favorites and x-outs, and otherwise organize homes that may interest you. We save all of this "My 360 Modern" information for use later in connection with our Services. It is stored with your 360 Modern account information.
Account Password Security: Your 360 Modern account password is encrypted on our server. It is your responsibility not to disclose your password to other people and to ensure you maintain its security.
Account Updates: By visiting your My 360 Modern: Account Settings, you can correct, amend, add or delete Personal Information associated with your account. However, even after you update information, we may maintain a copy of the original information in our records as required by applicable law or other legal obligation.
C. Home Tours, Real Estate Classes, and other In-Person Meetings
When you submit a home tour request, we will ask for your tour date and time preferences, as well as your phone number. We may ask for similar information when you request or attend a home buying or selling class, or when you request or attend a strategy session or similar in-person meeting with a 360 Modern agent. We may also ask some questions so that our agent can verify your identity, and such information will be used to register you for a 360 Modern account. When you meet up with one of our agents, the agent may ask you to verify your identity and may even ask to see a photo ID.
D. 360 Modern Clients
E. Communications with 360 Modern
360 Modern may collect Personal Information from you such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.
We may send marketing materials to 360 Modern account holders and clients using various communication channels, including without limitation, email, text messages/SMS, push notifications, telephone calls, and direct mail. Individuals may also subscribe to Listing Alert Emails or other notifications with information such as customized summaries of homes for sale. 360 Modern may send you 360 Modern-related news and surveys in accordance with applicable law.
G. Call Recording
We may record any telephone calls between you and our agents or other representatives for training and quality assurance purposes.
360 Modern may contact you to participate in surveys. If you decide to participate, you may be asked to provide certain information, which may include Personal Information.
I. Sharing with Friends or Colleagues
360 Modern's Services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request in accordance with applicable law.
J. Interactive Features
360 Modern may offer interactive features such as chat services, forums, and social media pages. We may collect the information you submit or make available through these features. Any content you provide on the public sections of these channels will be considered "public" and will not be subject to the privacy protections referenced herein.
K. De-Identified and Aggregated Information
We may use Personal Information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, de-identified or aggregated trends, reports, or statistics, information about the computer or device from which you access our Services, or other analyses we create. De-identified and aggregated information is used for a variety of functions, including the measurement of visitors' interest in and use of various portions or features of the Sites and Services. De-identified and aggregated information is not Personal Information, and we may use and disclose such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purpose.
L. Conferences and Trade Shows
We may attend or participate in conferences and trade shows where we collect Personal Information from individuals who interact with or express an interest in 360 Modern and/or the Services. If you provide us with any information at one of these events, we will use it for the purposes for which it was collected.
M. Information We Collect Automatically
We may collect certain information automatically when you use the Services. This information may include your Internet protocol (IP) address, user settings, IMEI, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, details about your browser, operating system or device, location information, Internet service provider, pages that you visit before, during and after using the Services, information about the links you click, and other information about how you use the Services. Information we collect may be associated with accounts and other devices.
N. Cookies and Pixel Tags/Web Beacons
Cookies. Cookies are small text files placed in visitors' device browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Services may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Sites that collects information about users' engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
You may stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits.
O. Information from Other Sources
We may obtain information about you from other sources, including through third-party services and organizations to supplement information provided by you. This supplemental information allows us to verify information that you have provided to us and to enhance our ability to provide you with the Services.
P. Other Uses of Information
In addition to the specific collection and uses listed above, we may use any of the Personal Information we collect for the following business purposes:
- to manage your Personal Information and accounts;
- to respond to your questions or inquiries;
- to conduct promotional activities, including contests or surveys;
- to undertake internal research for technological development and demonstration;
- to improve, upgrade or enhance our Sites and Services;
- to send you informational or promotional communications;
- to detect bugs, security incidents (including to protect against malicious, deceptive, fraudulent, or illegal activity, and prosecute those responsible for that activity);
- to identify and repair errors that impair existing intended functionality;
- to undertake activities to verify or maintain the quality or safety of a Service, Site or transaction;
- to carry out other purposes that are disclosed to you and/or to which you consent; and
- to pursue our legitimate interests where your rights and freedoms do not outweigh these interests.
2. Personal Information Sharing
While we do not exchange your Personal Information with others for monetary or other valuable consideration, we may share your Personal Information with the following categories of third parties as part of our Services to you or to assist us in conducting our marketing and advertising, or for other business or commercial purposes listed above in this Privacy Notice.
A. Public Record Information
Please be aware that home sales and purchases may be a matter of public record, and your name and address, the price you paid, your property taxes, and other information may be available from public sites regardless of the brokerage(s), if any, who assist in the transaction. We post on our Sites some information that typically becomes part of the public record of a home sale or purchase.
B. Non-Public Record Information
We share information obtained from you, MLSs and other third-party sources that is not on the public record to facilitate your home purchase or sale transaction. This includes:
Service Providers to all 360 Modern Clients: Our agents work with third parties to process your home search and sale transaction and must share your information with those third parties. Examples include MLSs and providers of software used for document preparation and electronic signing.
Partner Agents: A Partner Agent is employed by or works with another brokerage and is not a representative or employee of 360 Modern. Partner Agents have contracted with us to provide 360 Modern-quality service to a wider range of customers. We'll refer you to a Partner Agent in our discretion. If you are referred to a Partner Agent for your home purchase or sale transaction, we share your information with that Partner Agent so they can assist you. 360 Modern is not responsible for the work performed or the services provided by Partner Agents in any manner.
Home Seller Service Providers: As is customary as your home sales agent, we share your listing information with MLSs and other listing websites, such as Realtor.com, Trulia.com and Zillow.com. As a result, your listing may appear on more than one website. We may also share your listing and contact information with listing vendors such as photographers, home staging experts and home repair professionals like plumbers and electricians, as needed.
Home Buyer Service Providers: As is customary as your home purchase agent, we must share your buying information with inspectors, title companies, escrow agents, closing attorneys, lenders, and other third parties as needed to process your transaction.
Potential Buyers: By law, we are required to disclose certain information about your property to potential buyers.
We also information about closed sales on our Sites. We do not post your name on our Sites without your permission, but if the sale is closed, the price and the fact that you bought or sold your house at that price may be a matter of public record.
D. 360 Modern Corporate Family
We may share your information with members of the 360 Modern family of entities for various purposes, including to: (i) provide the Services to you; (ii) help detect and prevent potentially illegal and fraudulent acts and other violations of our policies and agreements; (iii) help with marketing initiatives; and (iii) manage and improve 360 Modern products, Sites, Services and tools.
E. 360 Modern Requests
Through the Services, you can make a request to tour a home, get in contact with a real estate agent, receive help selling or buying a home, or submit other requests. When you make such a request through 360 Modern, you authorize 360 Modern to share your Personal Information including your contact information, home search history, favorites and saved searches, with a real estate professional (a 360 Modern Agent or staff member, or a Partner Agent) for the purpose of responding to your request.
F. Service Providers
We may share your Personal Information with third-party service providers that assist us in providing the Services. We use reasonable efforts do so with the appropriate contractual protection in place to ensure that your Personal Information is protected and used only in accordance with this Privacy Notice.
G. Business Partners
We may provide Personal Information to business partners to provide you with a product or service you have requested. We may also provide Personal Information to business partners with whom we jointly offer products or services in accordance with applicable law.
H. Third-Party Cookies and Information Used to Target Ads to You
We may share the information that we collect about you with others (including advertising networks and service providers) to tailor and serve you ads on our Services, as well as other websites and social media networks. This practice is commonly referred to as "interest-based advertising" or "online behavioral advertising." These advertising networks track your online activities over time by collecting information through automated means, including through the use of Technologies (e.g., cookies, web-beacons and other methods). This allows 360 Modern to target our advertising to you through demographic, behavioral and contextual means. As a result, you may see ads for 360 Modern on other websites and social media.
I. APIs and SDKs
We may use third party APIs and software development kits ("SDKs") as part of the functionality of our Services. APIs and SDKs may allow third parties, including advertising partners, to collect your Personal Information to provide our Service related content that is more relevant to you. For more information about our use of APIs and SDKs, please contact us as set forth below.
J. Information Disclosed in Connection with Business Transactions
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, then your information may be sold or transferred as part of such a transaction as permitted by law and/or contract.
K. Information Disclosed for Our Protection and the Protection of Others
We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims or legal processes (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable.
L. Other Purposes
360 Modern may share your Personal Information for other purposes that are clearly disclosed to you at the time you provide Personal Information or with your consent.
3. Your Choices
You may have the right to opt in, object to or opt out of certain uses of your Personal Information. Where you have consented to the processing of your Personal Information, you may withdraw that consent at any time by contacting us as described below. Even if you opt out, we may still collect and use Personal Information regarding your activities on our Sites, Services and/or information from the advertisements on third party websites for other legal purposes as described above in accordance with applicable law.
B. Electronic Messages, Phone Calls and other Communications
C. Opting-Out of Technologies and Tracking
Opting Out of Interest-Based Advertising Generally: The online advertising industry provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, http://www.youronlinechoices.eu/, https://youradchoices.ca/choices/, and www.aboutads.info/choices/. To separately make choices for mobile apps on a mobile device, you can download DAA's AppChoices application from your device's app store. Please note you must separately opt out in each browser and on each device.
Opting Out of Mobile Device ID Tracking: Mobile device users may opt-out of receiving some interest-based advertising in their mobile apps by following the instructions for Android and iOS. Please note that precise instructions may vary by device.
Do Not Track: Do Not Track ("DNT") is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
D. Mobile Devices
We may send you push notifications through 360 Modern mobile applications developed in the future. You may at any time opt-out from receiving these types of communications by changing the settings on your mobile device. 360 Modern may also collect location-based information if you use our mobile applications. You may opt-in or opt-out of this collection by changing the settings on your mobile device.
E. Delete your Account
You may delete your 360 Modern account on your My 360 Modern: Account Settings page under "Close Account" section. We retain Personal Information for as long as we have a valid business purpose to or to meet our legal obligations. 360 Modern may be required to keep a copy of your Personal Information in accordance with Section 5 below.
4. Individual Rights in Personal Information
In accordance with applicable law, you may have the right to: (i) request confirmation of whether we are processing your Personal Information; (ii) obtain access to or a copy of your Personal Information; (iii) receive an electronic copy of Personal Information that you have provided to us, or ask us to send that information to another company (the "right of data portability"); (iv) restrict our uses of your Personal Information; (v) seek correction or amendment of inaccurate, untrue, incomplete, or improperly processed Personal Information; and (vi) request erasure of Personal Information held about you by 360 Modern, subject to certain exceptions prescribed by law. If you would like to exercise any of these rights, please contact us as set forth below.
We will process such requests in accordance with applicable laws. To protect your privacy, 360 Modern may take steps to verify your identity before fulfilling your request.
5. Personal Information Retention
360 Modern retains the information we receive as described in this Privacy Notice for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.
6. Personal Information Storage and Security
360 Modern is headquartered in the United States. You agree that we may store and process the information we collect anywhere in the world, including but not limited to, the United States, the European Union, or other countries.
We take steps to ensure that your information is treated securely and in accordance with this Privacy Notice. Unfortunately, the Internet cannot be guaranteed to be 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unintentional disclosure.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system's breach, we may attempt to notify you electronically by posting a notice on the Services, by mail or by sending an e-mail to you.
7. Other Important Information
Our Sites and Services are not directed to children under 13 (or other age as defined by local law), and we do not knowingly collect Personal Information from children. If you learn that your child has provided us with Personal Information without your consent, you may contact us at the email address below with the subject line "COPPA Child Information Request." If we learn that we have collected any Personal Information from a child in violation of applicable law, we will promptly take steps to delete such information.
B. Supervisory Authority
If you are located in the European Economic Area, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your Personal Information violates applicable law.
C. Links to Third Party Sites/Applications
The Services may contain links to other websites/applications and other websites/applications may reference or link to our Sites or other Services. These other websites and applications are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. 360 Modern does not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
D. Changes to this Privacy Notice
360 Modern may revise this Privacy Notice from time to time in our sole discretion. If there are any material changes to this Privacy Notice, we will notify you as required by applicable law, which may include updating our notice on our Sites. You understand that you will be deemed to have accepted the updated Privacy Notice if you continue to use the Services after the new Privacy Notice takes effect.
E. Contact Us
If you have any questions about our privacy practices or this Privacy Notice, please contact us at:
1631 15th Ave W, Suite 321
Seattle, WA 98119