LOFTY - Privacy Policy

Effective Date: May 31, 2019

This Privacy Policy ("Privacy Policy") explains how Lofty US Inc. (referred to as "LOFTY", “we” “us” or “our”) uses personal information, including yours (individually and collectively, in whole and in part "Personal Information") and applies to all individuals and companies (“Person(s)” who register and pay a monthly subscription fee (“Member(s)”) or visit and access our free content (“Visitor(s)”) this website/app, at www.loftyapp.com (“the App”) on or after the Effective Date above. (Members and Visitors are sometimes now individually and collectively referred to for convenience as “Users”, “you”, or “your”). PLEASE READ THIS PRIVACY POLICY CAREFULLY, AS YOU MUST AGREE TO IT BEFORE USING THE APP. YOU CAN ONLY ACCESS AND USE THE SITES (defined below in this paragraph) BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY PORTION OF THIS PRIVACY POLICY, YOU SHOULD CLICK ON THE “I DECLINE” BUTTON AT THE END OF IT. DOING SO BARS YOU ANY FURTHER ACCESS TO THE SITES and from visiting, creating an account, becoming a Member, using any of our services and/or purchasing any products on or thorough the Sites (individually and collectively “Goods”), or otherwise interacting with us at www.loftyapp.com, any LOFTY online channel, other apps or websites to which the Sites are linked, such as but not limited to our microsites and our pages on social media sites (individually and collectively, in whole and in part with the App, the “Sites”).

Please contact us if you have any questions or comments about our privacy practices or this Privacy Policy. You can reach us online at privacy@loftyapp.com. You can reach us via postal mail at the following address:

Lofty US Inc.

Attention: Privacy Office

2828 N. Central Ave.

Phoenix, AZ 85004

Our Privacy Policy is organized as follows:

1. Types of Personal Information We Collect

2. How LOFTY Collects Personal Information

3. How LOFTY Uses Personal Information

4. When and Why LOFTY Discloses Personal Information

5. Cookies and Related Technologies

6. Your Choices

7. Accessing and Correcting Your Personal and Other Information

8. Security of Personal Information

9. Privacy Practices of Third Parties

10. Communities

11. Facebook Connect

12. Changes to this Privacy Policy

13. California Privacy Rights

1. Types of Personal Information We Collect

“Personal Information” is information that can be used to identify, locate, or contact a User. It also includes other information that may be associated with Personal Information. We collect the following types of Personal Information:

Contact Information that allows us to communicate with Users, such as but not limited to a User’s name, password, email, social media and other addresses at which that User receives communications from or on behalf of LOFTY;
Relationship Information that helps us to understand who Users are, and what types of goods and services, offers, and social media interactions they might like. This may include, but isn’t limited to: location information related to a User’s state/province, city, and/or neighborhood; a Member’s MLS membership number(s) and the MLS(s) to which they are a member, their real estate license(s) number(s); Realtor information; realty companies with which they’re affiliated; areas of interest; areas of service; information collected from social media interactions; and, information about Persons who have referred Users to the Sites, or who they have referred to the Sites. You will also be able to provide a photo, your social media links, ;
Transaction Information about how Users interact with LOFTY, such as but not limited to: the Goods they view and purchase; what real estate listings they access on the Sites other information about how they use the Sites, email, other communications and applications; and, how Users interact with other Persons on or thru the Sites, our business partners and service providers;
Financial Account Information as needed to process payments for Goods that Users buy or use, such as their credit or debit card number, expiration date, billing address, and card verification number.
Other Information when you visit or leave the Sites (including our plugins or cookies or similar technology on the sites of others). When you leave the Sites, we usually receive the URL of both the site you came from and the one you go to next. We may also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, ISP and/or your mobile carrier. If you use the Sites from a mobile device, that device will likely send us data about your location based on your phone settings. We’ll ask you to opt-in before we use GPS or other location tools to identify your precise location.
2. How LOFTY Collects Personal Information

We may ask a User for Personal Information (including but not limited to Contact Information, Relationship Information, and Financial Account Information) when they become a Member, create an account, contact us, purchase our Goods, or otherwise interact with the Sites.

We collect Transaction Information when Users use the Sites. For example, we may track the Goods they view or purchase, when they post listings or other data, with whom they interact on the Sites, and the comments they make to Communities (Communities is defined and discussed in Section 10 below). We use cookies and related technologies to collect information about the devices Users use to access and interact with the Sites, and our business partners’ apps and websites. You can read more about cookies and other technologies in the Cookies and Related Technologies section, which is Section 5 below, by scrolling down or clicking here: https://loftyapp.com/privacy-policy.html.

We also collect Transaction Information if a User contacts us, from their social media interaction and other methods of communication such as but not limited to, for customer support purposes.

The social media platforms, Communities, or other methods of communication Users use to interact with LOFTY or the Sites, may have their own specific privacy statements that governs the use of Personal Information related to that application. You should find and CAREFULLY READ that application, as OUR PRIVACY POLICY DOES NOT APPLY TO THAT APPLICATION.

We may receive additional Personal Information from third parties, such as Google, Amazon and/or others. We may use this Personal Information to enhance other information we have about Users to help us better understand them, and to otherwise enhance the Sites and/or our Goods.

3. How LOFTY Uses Personal Information

LOFTY uses Personal Information to:

Operate and improve the Sites;
Open an online account for its Members;
Provide Users with offers for Goods from participating merchants including but not limited to, offers based on things such as a User’s stated and anticipated interests, personal characteristics or location;
Facilitate and process orders for Goods including but not limited to, their purchase and shipping;
Evaluate Users’ applicability for certain Goods;
Evaluate the types of offers and Goods that may be of interest to Users;
Track Members’ subscription and purchasing habits of Goods and perform other analytics;
Manage and develop our business and operations;
Provide customer support, including but not limited to our merchants or business partners;
Communicate and provide additional information that may be of interest to Users about LOFTY and our merchants and business partners, such as LOFTY news, special offers, curated content, announcements, and marketing materials;
Send Users reminders, technical notices, updates, security alerts and support, administrative messages, service bulletins and marketing information;
Provide advertisements to Users through the Sites, email messages, text messages, applications, and other methods of communication;
Administer surveys and promotional activities or events sponsored by us or our partners;
Manage our everyday business needs, such as Sites administration, forum management, fulfillment, analytics, fraud prevention, enforcement of our corporate reporting obligations, our Terms of Use, or to comply with the law.
4. When and Why LOFTY Discloses Personal Information

We will not disclose your Personal Information to third parties except to:

Affiliated companies (such as our subsidiaries and other companies owned by or controlled by LOFTY) who may only use the Personal Information for the purposes described in Section 3 above;
Our service providers that provide services for us such as shipping Goods, sending emails on our behalf, maintaining our data on their servers and databases, and processing payments. Our service providers are bound by law or contract to protect the Personal Information and are only allowed to use the Personal Information in accordance with the terms of our service agreements with them;
Third party merchants, but only to the extent a User has participated in an activity sponsored or offered through LOFTY on behalf of that merchant. We may also provide merchants with Personal Information to combat fraud and as part of legal proceedings affecting LOFTY and that merchant;
Third party services providers whom we may rely on to run or help us to run surveys and promotional activities. In some instances, navigation to their apps or websites may be seamless, so it may appear that you are still on one of the Sites. So, please take note of who’s running or helping with the event in question, and what terms, conditions and policies apply;
LOFTY business partners or advertisers, as part of an offer or other activity that is provided by or in conjunction with LOFTY and its business partners and in which a User has elected to participate. For example, if a User is referred to LOFTY from a business partner's website or through an invitation facilitated by or in conjunction with a LOFTY business partner, we may provide that business partner with Contact Information and Transactional Information to validate the referral and to support the terms of the relationship between us and that business partner. This is turn may allow that business partner to contact you directly and/or to advertise to you;
Effect a merger, acquisition or otherwise; to support the sale or transfer of business assets; to enforce our rights or protect our property; to protect the rights, property, or safety of others, investigate fraud, respond to a government request; or, as needed for support auditing, compliance, and corporate governance functions. We may also disclose Personal Information to defend ourselves in litigation or a regulatory action and when required or advised to do so by law or our legal counsel in their representation of us such as but not limited to, response to a subpoena or similar legal process, including to law enforcement agencies, regulators, and courts in the United States and other countries. If LOFTY is involved in a merger, acquisition, or sale of all or a portion of its assets;
We encourage our third party merchants and business partners to adopt and post their own privacy policies, since they are NOT covered by or governed by ours. So, THE USE OF YOUR PERSONAL INFORMATION BY THIRD PARTIES YOU CAN ACCESS THRU THE SITES, OR WHO PROVIDE GOODS OR INFORMATION ON OR THRU THE SITES, IS GOVERNED BY THEIR PRIVACY POLICIES AND IS NOT SUBJECT TO OUR CONTROL.

You will be notified by email and we will post a prominent notice on the App of any changes in ownership or uses of your Personal Information, as well as of any new or different choices you may have regarding your Personal Information.

We may also disclose information about Users that is not personally identifiable. For example, we may provide our merchants, business partners, or other third parties with reports that contain aggregated and statistical data about our Users.

5. Cookies and Related Technologies.

When Users use the Sites, we collect certain information by automated or electronic means, using technologies such as cookies, pixel tags, clear gifs (also known as web beacons and web bugs), browser analysis tools and web server logs. A “clear gif” is a nearly invisible, pixel-size graphic image on an app website page, app or website-based document, or email. It helps us do things like view the URL of the page on which the clear gif appears, and the time our Site and the email in questions is viewed. In emails, clear gifs help us confirm the receipt of and respond to our emails including but not limited to, those that Users forward to friends and family, as well as help us deliver a more personalized online experience.

As a User uses the Sites, their browser and other devices, like certain types of phones and tablets, communicate with servers operated by us, our business partners and services providers, to coordinate and record the interactivity and fill their requests for Goods and information.

The information from cookies and related technology is stored in web server logs and also in web cookies kept on the computers or other devices from which Users access the Sites. This information is then transmitted back to the Sites by these devices. These servers are operated, and the cookies managed by us, our business partners, or our service providers.

For example, when a User visits the Sites, LOFTY and/or our service providers may place cookies on that computer or device. Cookies allow us to recognize the User when they return and to track and target your interests in order to provide a customized experience. They also help us to detect certain kinds of fraud. A "cookie" is a small amount of information that a web server sends to your browser. It stores information about your account, your preferences and your use of the Sites. Some cookies contain serial numbers that allow us to connect your Sites activity with other information we store about you in your profile or as related to your interactions with the Sites.

Some cookies are temporary, whereas others may be configured to last longer. "Session" cookies are temporary cookies used for various reasons, such as to manage page views. Browsers usually erase session cookies once the browser is exited. "Persistent" cookies are more permanent cookies that are stored on the computers or other devices people use even beyond when they exit their browser. We use persistent cookies for a number of purposes such as but not limited to, retrieving certain information a User has previously provided (like their password, if they asked to be remembered), and storing that User’s preferences, such as the types of Goods in which they’ve told us they’re interested.

“Pixel tags” are tiny graphic images placed on website pages or in our emails that allow us to determine whether a User has performed certain specific actions. When that User accesses these pages or opens our email messages, the pixel tags generate a notice of that action to us and/or our service providers. These tools allow us to measure response to our communications and improve our web pages and promotions.

We collect many different types of information from the devices a User uses to access the Sites, using these cookies and other technologies. Some examples of this information are the User’s operating system type, browser type, domain and other system settings, the language the User’s system uses and, the country and time zone of that device. Browsers routinely send these types of information to web servers. Our server logs also record the Internet Protocol ("IP") addresses of the devices a User uses to interact with the Sites. An “IP address” is a unique identifier that devices use to identify and communicate with each other online. We may also collect information about the website or app a User was visiting before they came to the Sites, and the app or website they visit after they leave the Sites, if this information is supplied to us by the User’s browser.

In many cases, the information we collect using cookies and other technologies is used in non-identifiable ways, without any reference to Personal Information. For example, we use information we collect about Users to optimize the Sites and understand its traffic and usage patterns. Another example is we associate the information we collect using cookies and related technologies with Personal Information. In that case, this Privacy Policy governs how we use that information.

LOFTY has relationships with third party advertising companies to place advertisements on our behalf onto other websites we don’t own or control, and to perform tracking and reporting functions for the Sites and our advertisements. We don’t share Personal Information with third party advertising companies. However, these third parties may automatically collect information about a User’s visit to the Sites and other websites, that User’s IP address, their ISP, and the browser they use to visit the Sites. They do this by using cookies, clear gifs and other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of the Sites and the other websites tracked by these third parties. THIS PRIVACY POLICY DOES NOT COVER THE COLLECTION METHODS OR USE OF THE INFORMATION COLLECTED BY THESE THIRD PARTIES AND LOFTY IS NOT RESPONSIBLE FOR COOKIES, CLEAR GIFS OR OTHER TECHNOLOGIES PLACED OR USED IN THIRD PARTY ADS, OR BY ANY THIRD PARTIES . We encourage you to CAREFULLY REVIEW the privacy policies or statements of these third parties to learn more about their use of cookies and other technologies. If you’d like more information about this practice and to know your choices about not having this information used by these third party advertisers, please visit Network Advertising Initiative at www.networkadvertising.org. They’re a cooperative of online advertising companies. YOU CAN OPT OUT of being targeted by certain third party advertising companies online.

Users can also RID THEIR DEVICES OF COOKIES by blocking or deleting them. This is often done by adjusting their browser’s privacy and security settings. How to do this depends on the type of browser being used. Browsers are different, so refer to instructions related to your browser to learn about cookie-related and other privacy and security settings that may be available. You might also find information about this by clicking your browser’s “Help” tab, or by contacting them. One can also try typing something like “deleting cookies” and your browser type into an internet search engine.

6. Your Choices

We think that you benefit from a more personalized experience when we know more about you and the kinds of Goods you like. However, you can limit the information you provide to LOFTY, and you can limit the communications that LOFTY sends to you, at any time, as described in Section 7 below.

You can update your Membership preferences whenever you want. If you’re a Member, you can manage your email preferences by logging into your account through our Site, entering the "My Account" section, and selecting "Manage Email Subscriptions." You can also manage your Membership by following subscription management instructions contained in some of the messages that we send you. You may choose to subscribe or unsubscribe to some or all types of messages. Please note that even if you unsubscribe from promotional email messages, we may still need to contact you with important transactional information related to your account, Membership, purchases, and to advise you of changes to our Terms of Use or this Privacy Policy. For example, even if you have unsubscribed from our promotional email messages, we will still send you confirmations when you purchase Goods from us.

You may manage how your browser handles cookies and related technologies by referring to Section 5 above.

You can also manage the sharing of certain of your Personal Information with us when you connect with us through a social media platform or application, such as through Instagram, Twitter, Facebook, or LinkedIn. Please refer to the privacy settings of the social media website or application to determine how you may adjust our permissions and manage the interactivity between LOFTY and that social media account.

If you wish to opt out of receiving offers directly from LOFTY merchants or business partners, you can follow the opt-out instructions in the emails that they send you.

7. Accessing, Correcting, and Deleting Personal and Other Information

YOU MUST KEEP YOUR PERSONAL AND OTHER INFORMATION CURRENT AND ACCURATE AT ALL TIMES. Each time you provide us with Contact Information, Financial Account Information and the other information you provided to use to become a Member, create an account, create a profile, or as a User (individually and collectively “Your Information”), you are declaring that it is true and correct, and acknowledging and understanding that any false or misleading statements or information contained in Your Information can without limitation, result in termination of your access to the Sites, forfeiture of your Membership and/or possible civil and/or professional liability. Keeping Your Information accurate also helps ensure that we offer you the types of Goods and other goods and services we think you want form us, our merchants and business partners. You can and should do several things to help keep Your Information current and accurate.

You can access, update, change, and delete your all or part of Your Information at any time, opt-in and opt-out of any or all of the Services, and/or request that we no longer use some of all of Your Information to provide you Goods or other goods and services. You can do this as a Member/User by logging into your account. However, deleting any of Your Information that enabled you to become a Member, such as, but limited to, your MLS information, may cause us to cancel your Membership if we believe, in our sole, subjective discretion (“Discretion”), that information is necessary for you to remain a Member. In that instance, we will notify you of our intention to cancel your Membership and what you must do by a certain date, if you desire, to prevent it.

You can access, update and/or delete Your Information by logging into and accessing the "My Account" (for a Member/User) section of our App, sending us an email at support@loftyapp.com, or postal mail at the address at the end of the next sentence. If you want to close your account, need help with accessing, updating and deleting any of Your Information you provided to us, or have other questions or requests, please contact our customer service department at support@loftyapp.com, or by postal mail at:

Lofty US Inc.

2828 N. Central Ave.

Phoenix, AZ 85004

While we’re ready to assist you in managing Your Information or closing your account, we can’t always delete records of past interactions and transactions. For example, we’re required to retain records relating to your transactions on and through the Sites for financial reporting and compliance reasons.

We’ll retain Your Information for as long as your account is active, to provide you Goods and other goods and services. We’ll also retain as much of Your Information as we believe in our Discretion is necessary to comply with our legal obligations, resolve disputes, enforce our agreements. meet regulatory requirements, maintain security, and prevent fraud and abuse. We will retain de-personalized information after your account has been closed.

8. Security of Personal Information

LOFTY has implemented an information security program that contains administrative, technical, and physical controls designed to reasonably safeguard Personal Information. For example, we and our third-party payment processor each use industry-standard encryption technology to secure Financial Account Information when it is being transmitted over the Internet. We also use such security strategies such as a PBKDF2 algorithm for password encryption, PCI security certification, periodic third party vulnerability testing, and periodic service, database, and server security scanning and vulnerability patching. When our employees need to access your Personal Information or Financial Information in the course of providing Goods to you, we track it internally. When our third-party providers, like our credit card processing provider, need to access your Personal Information or Financial Information in the course of providing our Goods, they can only do so with a password we’ve provided them for this purpose. However, despite our security program and procedures, you acknowledge and understand that WE CAN’T GUARANTEE that any Person will be prevented from obtaining Your Information, or any other information, including but not limited to, through unauthorized means such as hacking.

9. Privacy Practices of Third Parties

This Privacy Policy ONLY addresses the use and disclosure of information by us through your interaction directly with the Sites. Other websites that may be accessible through links from the Sites, such as third parties we used for your in-app purchases, such as Google Play, and Appstore, likely have their own privacy statements and information collection, use, protection and/or disclosure practices. WE ARE NOT RESPONSIBLE and do not control the internet or other practices of any third parties. Our affiliates, business partners, merchants or service providers may have their own privacy policies too. We encourage you to READ CAREFULLY and be familiar with the privacy policies provided by these other parties prior to providing them with any information or taking advantage of any of their offers or promotions. LOFTY IS NOT RESPONSIBLE for the privacy or security of any information provided to these third parties.

10. Communities

The Sites may contain or be linked to online or other communities, social media platforms, and other areas where you may be able to publicly post and otherwise share information, interact, network, make comments and communicate with others, such as but not limited to, Instagram, LinkedIn, Twitter, Facebook, discussion boards, chat rooms, and blogs, where you can among other things market your services, submit and view media content, and seek advice (individually and collectively “Communities”). Prior to posting in any of these areas, please read our Terms of Use carefully. Here’s a link to it: https://loftyapp.com/terms-of-use.html. All the information you post will be accessible to anyone with Internet and/or app access, and any Personal Information you include in your posting may be read, collected, and used by others. For example, if you post your email address along with a listing, you may receive unsolicited messages from other parties. YOU SHOULD ALWAYS BE VERY CAREFUL ABOUT PUBLICLY POSTING YOUR PERSONAL INFORMATION. YOU SHOULD ALSO REFER TO THE PRIVACY POLICIES OF EACH SOCIAL MEDIA PLATFORM YOU USE AND ON WHICH YOU HAVE AN ACCOUNT OR CHANNEL, TO SEE HOW THEY DEAL WITH PERSONAL AND OTHER INFORMATION. PLEASE REMEMBER THAT LOFTY IS NOT RESPONSIBLE FOR THE PRIVACY OR SECURITY OF ANY INFORMATION YOU PROVIDE TO THESE THIRD PARTIES.

If you have questions about Personal Information posted in our Communities, please contact support@loftyapp.com.

11. Facebook Connect

LOFTY offers Facebook users the opportunity to interact with friends and to share on Facebook using Facebook Connect. If you are logged into both LOFTY and Facebook, when you use our Site's Facebook connection functions, your Facebook account will be linked with your LOFTY account if the email addresses match. If the email addresses don’t match, we ask you if you want to link them and you must validate that you control the accounts. If you are already logged into LOFTY but not logged into Facebook, when you use out Site's Facebook connection functions, you’ll be prompted to enter your Facebook credentials or to sign up for Facebook. By proceeding through any of these scenarios, you grant LOFTY permission to access your Facebook profile information and to use it in accordance with the Facebook terms of use and this Privacy Policy.

12. Changes to this Privacy Policy

From time to time, we may update this Privacy Policy to clarify our practices, or to reflect new or different privacy practices, such as when we add new features to the App or other Sites, or to comply with current laws and regulations. If we make any changes, we will notify you by email (sent to the email address specified in your account), and post a notice on the App’s home page, both with a link to the updated Privacy Policy so you can read it. We also encourage you to periodically review this Privacy Policy for the latest information about our privacy practices. Your continued use of the Sites after we publish and/or send a notice about our changes to this Privacy Policy means that the collection, use and sharing of Your Information is subject to the updated Privacy Policy.

13. California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California can obtain certain information about the types of Personal Information that companies with whom they have an established business relationship have shared with third parties for direct marketing purposes during the preceding calendar year. In particular, the law provides that companies must inform consumers about the categories of goods or services marketed by those third parties and a cost-free MEANS FOR YOU TO OPT OUT of our providing your Personal Information for these direct-marketing purposes. To request a copy from us of the information disclosure pursuant to Section 1798.83 of the California Civil Code to exercise your rights under this California law and/or the opt-out form, please contact us via email to privacy@loftyapp.com, or by postal mail at the following address:

Lofty US Inc.

Attention: Privacy Office

California Customer Choice Notice

2828 N. Central Ave.

Phoenix, AZ 85004

Your written request MUST include your postal address, fax number, or email address so that we can provide you with the requested information.

Please allow thirty (30) days for a response.

END OF PRIVACY POLICY.