Privacy Policy and Your Privacy Rights

Last updated on July 15, 2015

This Privacy Policy (the “Privacy Policy”) supplements and is incorporated by reference into the Terms of Use of the Site. The Privacy Policy discloses and governs how The Flat Rate Group, Inc., a Utah corporation, dba Flat Rate Homes (hereinafter collectively referred to as, “FRG,” “FRH,” “Operator,” “Brokerage,” “we,” “us,” or “our”), with its affiliates (hereinafter “Affiliates”, which includes any and all subsidiaries, sister companies, or any other entities operated by FRG or its subsidiaries or in which any of them has an ownership interest) collects, uses, and shares information the user (hereinafter “you”) provide to us through the websites (the information is collectively referred to as “Data” and the websites of the Operator are collectively referred to herein as the “Site”), mobile applications, electronic devices, or any other means, and applies to all circumstances under which the user uses the Site or contracts for any of the products or services “(Services”) of FRH.

You should read the Privacy Policy and the Terms of Use before you use the Site. By visiting the Site or using the Services, you agree to be bound by all of the terms, conditions and notices contained or referenced in the Privacy Policy and consent to having your Data transferred to and/or processed in the United States. If you do not agree to this Privacy Policy, you must immediately discontinue using the Services. Use of the Services constitutes acceptance of this Privacy Policy.

We may change the Policy at any time by posting revisions to the Policy on the Site. Therefore, you should review the Policy from time to time. Your continued use of the Site constitutes your acceptance of any revisions made to the Privacy Policy as well of your acceptance of the then current version of the Privacy Policy in its entirety. We will post a notice for 30 days at the top of this page notifying users when this Policy has been updated or modified in a material way.

1. The information we collect and how we collect it. How we collect and store information depends on the websites you visit, the activities in which you participate and the Services you use. You can use some of the Services without providing any information other than that automatically collected as described below.

2. Information you provide. We may collect information about you during your use of the Services, including your name, username, password, email address, postal address, phone number, mobile phone number, payment information, gender, birth year, and information you provide or post on our Services or allow us to access when you do certain things, such as:

  • Enter registration information for one or more of our Services;
  • Enter a sweepstakes or contest or register for a promotion;
  • Make a purchase;
  • Request certain features, upgrades and/or other products/service requests;
  • Sign up to receive SMS (text message) notifications;
  • Download or use one of our mobile applications;
  • Connect with us through the use of our Services or otherwise allow us to access certain information about you via a social networking site (“SNS”); or
  • Post user-generated content, including comments, to or on any of our Services.

We may collect and store your user ID associated with a SNS account that is used to share information from our Site such as home listings, promotions, pictures and any other service features associated with your account. In accordance with this Privacy Policy, when sharing information to your SNS through an FRG account you authorize us to collect, store, and use any and all information available to FRG through the SNS interface, including without limitation any information that you have made public in connection with your SNS account, information that the SNS shares with us, or information that is disclosed as being shared during the sharing sign in process.

Please be careful and responsible whenever you are online. Should you choose to voluntarily disclose information through the Services, such as via a SNS, on message boards, chat areas or in advertising or notices you post, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties.

3. Automatically collected information. We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services. For example, we may collect and analyze information such as (a) IP addresses, geolocation information (as described in the next section below), unique device identifiers and other information about your mobile phone or other mobile device(s), browser types, browser language, operating system, the state or country from which you accessed the Services; and (b) information related to the ways in which you interact with the Services, such as: referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages and content viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Services, the frequency of your use of the Services, error logs, and other similar information. As described further below, we may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information. We may also capture other data, such as search criteria and results.

3.1 Location information. We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices used to access the Services), and may use that information to customize the Services with location-based information, advertising, and features. For example, if your IP address indicates an origin in Provo UT, the Services may be customized with Provo-specific information and advertisements. In order to do this, your location information may be shared with our agents, vendors or advertisers. If you access the Services through a mobile device and you do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.

3.2 Cookies and other electronic technologies. When you use the Services, we use persistent and session cookies and other similar tracking technologies to: (a) store your username and password; (b) analyze the usage of our Site and Services by collecting the information discussed in section 3 above; (c) customize the Services to your preferences; and (d) control the advertising displayed by the Services, as well as advertisements that may be displayed on other websites or mobile applications. The cookies may reflect de-identified data linked to or derived from data you voluntarily have submitted to us, e.g., a hashed version of your email address that we may share with service providers, solely in non-human readable form. We and our vendors may also use other Internet technologies, such as Flash technologies, Web beacons or pixel tags, and other similar technologies, to deliver or communicate with cookies and track your use of the Services, as well as serve you ads when you are on other websites or the Internet when those cookies can be accessed. We also may include Web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics. As we adopt additional technologies, we may also gather additional information through other methods.

Most browsers automatically accept cookies, but you can modify your browser setting to decline cookies by visiting the Help portion of your browser’s toolbar. If you choose to decline cookies, please note that you may not be able to sign in, customize, or use some of the interactive features of the Services. Flash cookies operate differently than browser cookies, and cookie management tools available in a web browser will not remove flash cookies. To learn more about how to manage flash cookies, you can visit the Adobe website and make changes at the Global Privacy Settings Panel.

4. Information from third parties. We may obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide.

5. Aggregate or de-identified data. We may aggregate and/or de-identify information collected by the Services or via other means so that the information is not intended to identify you. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Privacy Policy, and we may disclose it to others without limitation for any purpose.

6. What we do with the information we collect. We use the information that we collect for the following purposes:

  • For the purposes for which you provided it;
  • To send you information about your relationship or transactions with us;
  • To send you alerts or other communications via email, SMS messages or other media or networks;
  • To notify you about new features of the Services, special events, or products, other services, and special offers;
  • To administer sweepstakes and contests;
  • To process and respond to your inquiries;
  • To contact you with information that we believe will be of interest to you;
  • To attribute content that you make available through the Services;
  • To generate and review reports and data about our user base and Service usage patterns;
  • To perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of the Services;
  • To improve the content and features of the Services or develop new Services;
  • To allow us to personalize the content and advertising that you see on the Services and to understand how users interact with and use our advertisements and Services;
  • To enforce the legal terms that govern your use of the Services; and
  • To administer and troubleshoot the Services.

7. How we share and disclose user information with third parties. We will make your information available to other companies, websites, applications or people in the circumstances described below:

– We may disclose your information in response to any subpoenas, court orders, or other legal process we receive, or to establish or exercise our legal rights or to defend against legal claims.
– We may disclose your information when we believe in good faith that such disclosure is appropriate in order to investigate, prevent, or take action regarding possible illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of this Privacy Policy, the Terms of use, or the Terms of Service for the Services you accessed, and/or to protect the rights and property of FRG, its affiliates, our employees, users and the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations.
– We may share your information in connection with any merger, reorganization, a sale of some or all FRG assets, or a financing or acquisition of all or a portion of our business by another company.
– We may rent, sell, or share your information with non-affiliated third parties when: (a) it is necessary to provide Services or products that you have requested; (b) when we have your permission; or (c) as described in this Privacy Policy.
– We may share your information with any agent or company that is part of the Flat Rate Group, Inc., or it Affiliates, in order to provide the Services or advertising or to communicate with you on our behalf.
– When you sign up to participate in a promotion, contest, or sweepstakes, your information may also be provided to our sweepstakes or contest advertisers, operators, or sponsors and the use of that information will also be governed by those advertisers’, operators’, or sponsors’ privacy policies or practices.
– We may share your information with third-party advertisers and advertising networks or others with whom we have a contractual relationship.
– We may aggregate and/or de-identify your information so that the information no longer relates to you individually. Our use and disclosure of such aggregated or de-identified information is not subject to this Privacy Policy, and may be disclosed to others without limitation and for any purpose.

8. Online analytics. We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in Section 3.2 to help us analyze how users use the Services, including by noting the third-party website from which you arrive. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. We also use Google Analytics for certain purposes related to advertising, as described in the following section. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here.

9. How we protect information. We have implemented reasonable administrative, technical, and physical security measures to protect against the unauthorized access, destruction or alteration of your information. These safeguards vary based on the sensitivity of the information that we collect, process and store and the current state of technology.

Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that information that we collect will never be disclosed in a manner that is inconsistent with this Privacy Policy.

10. Linked sites and advertisements. The Services may contain links to third-party websites. We are not responsible for the privacy practices or the content of those third-party websites.

We have relationships with third-party providers to provide content, products, services, and functionality through the Services. When you visit sites or use any Services provided in conjunction with one or more of these third-party providers and the brands of those providers appear on the site or Services in connection with such content, products, services, or functionalities, we may share any information you provide or that is collected during your use of those Services with those providers. In some cases, the provider may collect information from you directly, in which case the provider’s privacy policy (which may differ from this Privacy Policy) would apply. If you have any questions regarding the privacy policy of any of our providers, you should contact the provider directly for more information.

11. Using FRG Services from outside the United States. The Services are hosted in the United States and are governed by United States law. If you are using the Services from outside the United States, please be aware that your information may be transferred to, stored and processed in the United States where our servers are located and our databases are operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Services, you consent to your information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in our Privacy Policy.

12. Use of the Services by children. The Site is not directed to, or intended for use by, children (defined as anyone age eighteen (18) or younger). Unless legally emancipated with full contract rights and being a “legal owner” over property/properties wanting to be sold, children should not use the Site or submit any information within this Site. By using the Services, you hereby represent that you are at least 18 years old.

13. How to contact us. If you have any questions, comments, or concerns regarding our Privacy Policy or practices, please send an email to Support@flatratehomes.com

14. No rights of third parties. There are no intended third-party beneficiaries of this Privacy Policy and this Privacy Policy does not in any create rights enforceable by third parties.