PRIVACY STATEMENT

Privacy Statement

  1. Scope of Privacy Statement

This Privacy Statement (“Privacy Statement”) describes how Exceedant LLC and its brands and affiliates and subsidiaries (collectively, “we,” “us,” “our,” or the “Company” or “Exceedant”) handle your personal information when you (collectively, “you” or “your”) use the Company’s websites (including www.exceedant.com, and any other websites owned, operated and managed by Exceedant LLC, and any other website where this Privacy Statement is posted), tools, documents and applications (including mobile applications), and other services, including the services offered under the brands Exceedant owns including Exceedant Commercial (“Exceedant Commercial”) and Exceedant Homes (“Exceedant Homes” or Exceedant Residential (“Exceedant Residential”),  (collectively, the “Services”). By using the Services, you expressly consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Statement.

  1. Commitment to Privacy

The Company has a strong commitment to providing information tailored to your individual needs while providing excellent service to all of our visitors and customers, including respecting concerns about privacy. We understand that you may have questions about whether and how we collect and use information. This Privacy Statement details the steps we take to respect your privacy concerns. If, after reviewing this Privacy Statement, you have any questions or privacy concerns, please send an email to privacy@exceedant.com and marketing@exceedant.com or a letter to:

Exceedant, LLC
Privacy – Legal Department
Wells Fargo Center
100 S. Ashley Dr. Suite 600
Tampa, Florida 33602

  1. Collection of Your Information

Personal Information. We do not collect personal information (such as names, addresses, telephone numbers, email addresses, or financial account information) from you when you browse the Services, unless you have specifically and knowingly provided us with personal information, e.g., by creating an account through the Services (“Exceedant Account”), updating your Exceedant Account profile, registering for or participating in a marketing or transaction event, registering to participate in the community features of the Services (“Community”), creating and updating your Community profile, submitting an employment application, completing online forms, or entering into a transaction with us. This information may include, without limitation, information such as your first and last name, e-mail address, telephone number, username, password, billing information, and other information exchanged in connection with real estate transactions. We also may acquire personal information from other sources such as offline records, publicly available information, or from third parties. We use this information to provide the Services and as discussed in this Privacy Statement.

Automatically-Collected Information. We may automatically collect information about the computer or devices (including mobile devices) you use to access the Services, and your interactions with the Services. For example, we may collect and store information such as your browser type, IP address, language, operating system, location of your wireless device (e.g., latitude and longitude), the state or country from which you accessed the Services, unique device identifier (e.g., a UDID or IDFA on Apple devices like the iPhone, iPad and iTouch), the pages you view, length of time spent on pages, communications with other users through the Services, the Services you use and the manner in which you use such Services (e.g., the content you access, view, click on, search for, post, favorite, vote, follow, share, upload, or tag), the date and time of your visit, the websites you visited immediately before and after visiting our Company websites, error logs, and other hardware and software information, as well as other geographic and demographic information. We may use third party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information. We may use this information to formulate statistical models about use of the Services, enhance the Services for our users, and provide you with information about new opportunities, and tailored content, advertising, marketing and as otherwise discussed in this Privacy Statement. To the extent that such information is maintained in a manner that identifies your name or contact information, it will be treated as personal information; otherwise, such information will be treated as non-personal information.

Exceedant Account. If you are logged into your Exceedant Account, certain information specified in the preceding paragraph (such as what content you access, view, click on or search for on the Services, the devices from which you access such content and the length of time for which you view same), may be maintained in a manner that identifies such information with your name or contact information. Exceedant may use the account details from your Exceedant Account across all the Services that Exceedant offers. Accordingly, if you have created a Exceedant Account for one Company website or aspect of the Services, you may be able to use the same username and password for accounts on other Company websites or with respect to other aspects of the Services, without creating accounts for each such Company website or aspect of the Services. All information collected while you are logged-in to any Exceedant Account that is maintained in a manner that identifies such information with your name or contact information, may be aggregated by the Company and used as permitted by this Privacy Statement.

How to Disable the Collection of Location Information. If you are using an Apple device, click on “General,” then “Reset,” then “Reset Location and Privacy.” This will turn off location functionality for all of your apps so that the next time you download or use an app, you will be asked again to provide your consent for us and others to access your location information.

If you are using an Android device, visit the device settings, click “Location,” and then click the boxes for the particular applications for which you would like to disable location services.

Our Use of Cookies. The Services use “cookie” technology and similar online tools, such as web beacons and web pixels. “Cookies” are small files that a website stores on a user’s computer or device. The Services use cookies to keep the information you enter on multiple pages together. A majority of cookies we use are “session” cookies, meaning that they are automatically deleted from your hard drive after you close your browser at the end of your session. Session cookies are used to optimize performance of the Services and to limit the amount of redundant data that is downloaded during a single session. We also use “persistent” cookies, which remain on your computer or device unless deleted by you (or by your browser settings). We use persistent cookies for statistical analysis of performance to ensure the ongoing quality of our services. In either case, we do not use cookies to obtain or retain any personal information about you apart from what you voluntarily provide us. Most web browsers automatically accept cookies, but you may set your browser to block cookies (consult the instructions for your particular browser on how to do this). Please note that if you decide to block cookies, this may interfere with your ability to perform certain transactions, use certain functionality, and access certain content on the Services.

Google Analytics. Exceedant (“The Company”) websites may use Google Analytics, a vendor’s service that uses cookies, web beacons, web pixels and/or similar technology to collect and store anonymous information about you, which may include non-personal information described above. You can read Google Analytics’ privacy policy at http://www.google.com/analytics/learn/privacy.html and Google Analytics Terms of Use at http://www.google.com/analytics/tos.html. You can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics Opt-out Browser Add-on for your current web browser at http://tools.google.com/dlpage/gaoptout?hl=en.

Adobe Analytics. Exceedant (“The Company”) websites may use Adobe’s analytics and on-site personalization services, a vendor’s service which uses cookies, web beacons, web pixels and/or similar technology to collect and store anonymous information about you, which may include non-personal information described above. For information regarding how Adobe may use information collected through our use of its service, please see the Adobe Privacy Policy at http://www.adobe.com/privacy/policy.html#info-share. For more information about these services please see http://www.adobe.com/privacy/analytics.html. You have choices with respect to, and the ability to opt-out of, certain features of Adobe’s analytics and on-site personalization services that may apply to your use of the Company website at http://www.adobe.com/privacy/analytics.html.

User-Initiated Communication. From time to time, portions of the Services, including, without limitation, Services available through the Community, may enable you to send emails and other types of messages to us or to third parties and to participate in bulletin boards and discussion groups. We have the right to use reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display all such emails, messages, postings to bulletin boards and discussion groups throughout the world in any form, pursuant to Section 6 of the Terms of Use. Among other things, this right allows us to review your messages with other users to enforce our Terms of Use. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Such communications may be identified by your actual name and/or your username, and may be linked to your Community profile. Also, remember that our bulletin boards and discussion groups are open to the public, and, therefore, your postings can be seen by anyone, may be indexable by search engines, and are not protected by us or any other entity. Please use your discretion when deciding whether and what to post and whom to contact and message. We reserve the right, in our sole discretion, to monitor, edit or delete postings from our bulletin boards and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions.

The Services may also contain social plugins for other websites, such as Facebook, Twitter, YouTube, LinkedIn and Google+. We recommend reviewing the privacy policies with respect to the social plugins for each of these websites, prior to clicking on such plugins.

  1. Use of Your Information

We will use your information for the purpose for which you provided it, and we may also use your information for a number of purposes such as to:

  • Create and maintain your Exceedant Account and account profile, your Community profile, registration information and communication preferences;
  • Enhance the user experience;
  • Perform research and analytics;
  • Customize and personalize the content and advertising that you see on the Services;
  • Respond to and fulfill your requests for Services (including qualification to make bids, proposals, or offers) or other inquiries;
  • Determine your eligibility for certain marketing or transaction events, services, gifts, prizes, and special features of the Services;
  • Call, email or otherwise contact you to facilitate marketing or transaction events for which you are registered;
  • Call, email or otherwise contact you regarding new opportunities relating to marketing or transaction events or our other Services;
  • Administer, register or enroll you in, or facilitate your participation in recreational, educational or entertainment activities; surveys or questionnaires; promotions or sweepstakes, or any other services, events or activities sponsored by us or third parties, or offered in connection with our Services;
  • Send you prizes and gifts;
  • Enforce our Terms of Use;
  • Send you information about topics that may be of interest to you; and
  • Send you communications related to your Exceedant Account and to alert you to the latest developments and features of the Services.
  1. Tailored Advertising

The Services may include third party tailored ad technology which enables customized and targeted ads to be displayed to you through the Services and on third party websites. We do not share personal information with these third parties; however, when you use the Services, we or third parties operating the ad serving technology may use non-personal information that is collected through cookies, anonymous identifiers, such as an IDFA on iOS devices, web beacons, pixels, or clear GIFs to ensure that appropriate ads are presented and to perform analytics concerning your use of the Services and other websites tracked by these third parties. These technologies also may control the number of times you see a given ad, deliver ads that relate to your interests, and measure the effectiveness of ad campaigns. To the extent any of this information is collected by third parties, you acknowledge and agree that such collection and use is governed by those third parties’ privacy policies and we are not responsible for the privacy practices of such third parties.

If you are interested in more information about tailored ads and your choices to prevent third parties from delivering tailored ads, you may visit the following third party websites: The Network Advertising Initiative Consumer Opt-Out Page or the Digital Advertising Alliance’s Consumer Opt-Out Page. Please note that to the extent ad technology is integrated into the Services, you may still receive ads even if you opt-out of tailored ads. In that case, the ads will just not be tailored to your interests.

If you are using an iOS device and you do not want to receive tailored in-application ads that relate to your interests, you may opt-out by accessing the following link on your device: http://oo.apple.com. If you are using an Android device and you do not wish to receive tailored in-application ads, you can visit Google’s Ads Preferences page from a browser on your device and make your choices there.

  1. Do Not Track Signals

We do not respond to or alter our practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, we reserve the right to do so in the future.

  1. Disclosure of Your Information

We may share your information in the following ways:

We may make information collected through the Services available to subsidiaries and affiliated companies that are under common ownership or control within the Company family.

If you download information on assets listed on our Services or make a bid or offer on a particular asset, the seller and its affiliates and representatives are given access to your information.

We may share information about our visitors, customers, or former customers with the following types of companies that perform services on our behalf or with whom we have joint marketing agreements:

  • Non-financial companies such as envelope stuffers, fulfillment service providers, payment processors, data processors, customer/support services, etc.
  • Financial service providers such as companies engaged in banking, mortgage lending, consumer finance, securities, and insurance.

We may share or sell, as allowed by law, information about you with other companies who we believe may have products and services of interest to you. If you would like to opt-out of our sharing of your information with these other companies for their direct marketing purposes, please follow our Third Party Opt-Out Policy described in Section 9 below.

We may share your information with any person or entity where we believe in good faith that such disclosure is necessary to: (a) comply with the law or in response to a subpoena, court order, government request, or other legal process; (b) produce relevant documents or information in connection with litigation, arbitration, mediation, adjudication, government or internal investigations, or other legal or administrative proceedings; (c) protect the interests, rights, safety, or property of the Company or others; (d) enforce the Terms of Use on the Services; (e) provide users of the Services with the services they request; (f) provide you with special offers or promotions from us; (g) allow another company that acquires the Company or some or all of its assets to continue to serve you; or (h) operate the Company’s systems properly.

We may share your information with any person or entity when we have your consent.

We may use and share non-personal information about you or use of the Services, including any de-identified and aggregated data with third parties without limitation.

If you participate in the Community, you will be prompted to create a Community profile. Remember that when you include information on your Community profile it may be publicly available, indexable by search engines, and collected and used by other users of the Services, as well as those outside the Community, without compensation and without notice. You can edit certain Community privacy preferences in the “Privacy” section of your profile under “Edit Profile” on the Community page. Also remember that certain personal information about your use of the Services and information that is included in your Community profile may be available to other users of the Services, such as all of your connections through the Services, your followers and the users you are following, the Community “points” and “badges” that you have earned, the level you have reached, the “missions” you have accomplished, and your other actions when using the Services (e.g., the content you access, view, click on, search for, post, favorite, vote, follow, share, upload, or tag), the date you were last logged into your Community profile, and your “Skills and Expertise,” among other things. We recommend that you keep this in mind when using these features of the Services.

  1. Opting Out of Communications from Us

By creating an Exceedant Account or registering for or participating in any marketing or transaction event on one of our Company websites, you agree to receive direct mail, email newsletters and other promotional email communications, as well as promotional telephone communications. Similarly, by creating a Community profile you agree to receive email newsletters and other promotional email communications. For example, from time to time we may send you email notices or news updates alerting you to new features, products, promotions, or services pertaining to offerings from us, new opportunities, surveys or our other Services, and, if you have created a Exceedant Account or registered for a marketing or transaction on one of our Company websites, we may send you direct mail or call you with respect to same.

Please note that preferences relating to communications that you receive due to each of the following differ from one another: (a) communications that you receive from us due to your activity on and Exceedant Account with our (“Exceedant Communications”); (b) communications that you receive from us due to your activity on and Exceedant Account with Exceedant Commercial (“Exceedant Commercial Communications”); (c) communications that you receive from us due to your activity on and Exceedant Account with Exceedant Residential or Homes (“Exceedant Residential or Exceedant Homes Communications”); and (d) communications that you receive from us due to your creation of a Community profile and participation in the Community (“Community Communications”).
With respect to our other Communications:

  • You may alter your preferences with respect to promotional Communications on the “Preference Center” page located in your Exceedant profile page. For assistance or questions, email: marketing@exceedant.com and specify which services website you are using.
  • If you no longer wish to receive direct mail and/or Exceedant Communications, you may opt out by contacting us at marketing@exceedant.com.
  • If you no longer wish to receive promotional email and/or Exceedant Communications, you may opt out of receiving these communications by choosing the “Unsubscribe” option available as a link in every promotional email, following the instructions provided in the Preference Center or by contacting us at marketing@exceedant.com .
  • If you no longer wish to receive promotional telephone Communications, you may opt out of receiving these communications by telling the representative who calls you with such Communication or by contacting us at marketing@exceedant.com .
  • Please note that unsubscribing from or otherwise changing your preferences with respect to our Company Communications will not impact your preferences related to Community Communications, or other Company Brand Communications.

With respect to Exceedant Commercial and/or Exceedant Residential or Exceedant Homes Communications:

  • You may alter your preferences with respect to promotional Communications in the Preference Center or Profile selections, or by contacting us at marketing@exceedant.com
  • If you no longer wish to receive direct mail our Company or Brand Communications, you may opt out by contacting us at marketing@exceedant.com
  • If you no longer wish to receive promotional email Communications, you may opt out of receiving these communications by choosing the “Unsubscribe” option available as a link in every promotional email, following the instructions provided in the Preference Center or by contacting us at marketing@exceedant.com .
    If you no longer wish to receive promotional telephone Company or Brand Communications, you may opt out of receiving these communications by telling the representative who calls you with such Communication or by contacting us at marketing@exceedant.com .
  • Please note that unsubscribing from or otherwise changing your preferences with respect to one Company or Brand Communications will not impact your preferences related to Community Communications, other Company Brand Communications.

With respect to Community Communications:

  • You may alter your preferences with respect to promotional Community Communications on the “General Preferences” page that is available under “Preferences” on the Community page (“Community General Preferences Page”).
  • If you no longer wish to receive promotional email Community Communications, you may opt out of receiving these communications by choosing the “Unsubscribe” option available as a link in every promotional email, changing your preferences in the Community General Preferences Page, or by contacting us at marketing@exceedant.com .
  • Please note that unsubscribing from or otherwise changing your preferences with respect to Community Communications will not impact your preferences related to Exceedant Communications, Exceedant Commercial Communications or Exceedant Residential or Exceedant Homes Communications.

We will gladly comply with all requests to opt out of or unsubscribe from promotional communications, but reserve the maximum amount of time allowed by law to process such requests. You cannot opt out of certain transactional emails or telephone calls, such as confirmations of registration communications intended to facilitate marketing or transaction events for which you have registered, and other emails or calls about us or the Services. Transactional emails can be recognized by a lack of an “Unsubscribe” link in the email body.

  1. Notice of Privacy Rights of California Residents

We have adopted a policy of not sharing your personal information with third parties for their direct marketing purposes if you request that we do not do so (“Third Party Opt-Out Policy”). You may make such a request by sending us an email at privacy@exceedant.com . When contacting us, please indicate your name, address, email address, and what personal information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your personal information or for processing this request.

If you are a USA resident, a particular state’s resident, and have provided personal information to a business without a Third Party Opt-Out Policy, you may be entitled by law to request certain information regarding disclosures of personal information made by such business to third parties for the third parties’ direct marketing purposes during the immediately preceding calendar year (“Disclosure Request”). Such business is not required to respond to more than one Disclosure Request per customer each year, or to respond to requests made by means other than through the contact information designated by the business for such purposes. However, please note that due to our Third Party Opt-Out Policy described in the preceding paragraph, we are not obligated by law to adhere to your Disclosure Request or to provide you with the requested information.

If you are still interested in making a Disclosure Request, please contact us at privacy@exceedant.com . In the Disclosure Request, specify that you seek your “[State] Customer Choice Privacy Notice.” Please allow thirty (30) days for a response, but note that we are entitled by law to respond to your Disclosure Request by notifying you of your right to prevent the disclosure of personal information pursuant to our Third Party Opt-Out Policy, which is cost free to you.

  1. Security and Account Protection

We have implemented commercially reasonable physical, administrative, technical, and electronic security measures to protect against the loss, misuse, and alteration of your personal information. Despite our best efforts, however, no security measures are perfect or impenetrable. We appreciate your help in safeguarding the integrity of your own and others’ privacy. We encourage you to let us know immediately if you suspect that any personal information you shared with us is being used contrary to this Privacy Statement.

  1. Children’s Information

The Services are not directed toward persons under 18 years of age. We do not knowingly market to or collect any personal information from children under the age of 18. If you are under 18, you are not permitted to submit any personal information to us or the Services. If you provide information to us through the Services, you represent that you are 18 years of age or older. If a parent or guardian believes that we have in our database the personal information of a child under the age of 13, please contact us immediately at privacy@exceedant.com and we will promptly remove such information from our records.

  1. Accessing, Reviewing, and Changing Personal Information

If your personal information changes or is inaccurate, you agree to update your information by updating the account information located in both your Exceedant and/or other Company Brand Account profile and your Community profile. If you no longer wish to use the Services, contact us at marketing@exceedant.com and privacy@exceedant.com .

  1. Third Party Links and Services

The Services may contain links to third-party websites, including identity verification and social networking websites. Your use of these features may result in the collection or sharing of information about you, depending on the feature. Please be aware that we are not responsible for the content or privacy practices of other websites or services to which we link. We do not endorse or make any representations about third-party websites or services. The personal information you choose to provide to or that is collected by these third parties is not covered by our Privacy Statement. We strongly encourage you to read such third parties’ privacy statements.

  1. Amendments to Privacy Statement

We may amend this Privacy Statement at any time by posting the amended terms on the Services. Any changes to this Privacy Statement will become effective upon posting. Your continued use of the Services following these changes means that you accept such revisions. If we make any material changes to this Privacy Statement, we will post the changes here and notify you in the manner and to the extent required by law.

  1. International Transfers of Information

Some of the uses and disclosures mentioned in this Privacy Statement may involve the transfer of your personal information to various countries around the world that may have different levels of privacy protection than your country. By submitting your personal information, you consent to such transfers. By using the Services, or by submitting your personal information to us, you expressly consent to the storage and processing of your personal information in the United States in accordance with the laws of the United States, or in other jurisdictions.

  1. Contacting Us

Should you have any questions about this Privacy Statement, contact us by sending an email to: marketing@exceedant.com and privacy@exceedant.com . Please provide your name, mailing address, telephone number and email address so we can service you more quickly. You can also call us at (877) 224-3180 ET USA or write to us at Exceedant   77 Water St. 8th Floor, New York NY 10005 and/or Wells Fargo Center, 100 S. Ashley Dr. Suite 600, Tampa, FL 33602 Attn: Privacy Issues.

We may record the conversations our agents or employees have with you, including, without limitation telephone conversations. By engaging in any telephone conversation with our agents or employees, you consent to our recording such telephone call. We do this from time to time to monitor the quality of service and accuracy of information our agents and employees give to you, to ensure that your instructions are followed, and to ensure compliance with the Terms of Use. No agent or employee of the Company is authorized to waive any provisions of our Company policies and procedures.

This Privacy Statement was last updated January 15, 2017.

© 2017, Exceedant LLC. All Rights Reserved.