Propertybase Privacy Notice

Last Updated: February 12, 2020

1. Introduction

This is the website data protection policy and privacy notice (“Notice”) for Propertybase, Inc., Propertybase GmbH, and Boston Logic Technology Partners d/b/a Propertybase (together, “Propertybase”).

At Propertybase, we respect the privacy of our customers and others who use our websites, products, and services, and this Notice, together with the Propertybase Legal Notice, governs how Propertybase collects, processes, and uses your Personal Data (as defined below) when you use any Propertybase websites, including those located at www.propertybase.com and https://help.propertybase.com (the “Websites”).  The Websites process Personal Data in accordance with the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other laws, as applicable, including the California Consumer Privacy Act (CCPA). 

This Notice is incorporated into and is subject to the Propertybase Legal Notice.  It only applies to information collected on the Websites and is not intended to fully describe the privacy policies of Propertybase.  It describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information.  By using the Websites, you consent to the privacy practices described in this Notice.

This Notice may change from time to time and you should review it periodically.  If you have questions or complaints regarding our Notice or privacy practices, please contact us as detailed in Section 2 below.

2. Contact Details

Propertybase, Inc.
Address: 268 Summer Street, Floor 2, Boston, MA 02210
Tel: 1.617.266.9166
E-mail: dataprivacy@propertybase.com

We are typically able to resolve privacy questions or concerns promptly and effectively. Depending on the jurisdiction in which you reside, if you are not satisfied with the response you receive from us, you may escalate concerns to the applicable privacy regulator in your jurisdiction, the details of which can be obtained using the contact details above.

3. Personal Data

“Personal Data” may also be referred to as Personal Information or Personally Identifiable Information.  For purposes of this Notice, we use the term Personal Data, except where we explicitly state otherwise (such as in Section 15, which addresses the rights of California residents).  Personal Data means any data, which relates to a living individual who can be identified from that data, or from that data taken together with other information, which is in the possession of, or is likely to come into the possession of, Propertybase (or its representatives or service providers).  In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of Propertybase or any other person in respect of an individual.

4. The Personal Data We May Collect About You

If you are a Propertybase employee or plan to apply for employment with Propertybase, our policies and practices regarding the collection and processing of your Personal Data are detailed in separate policies. For all other individuals, when you visit the Websites we may collect and process the following categories of Personal Data about you:

  1. Websites Data. We may collect and process Personal Data about you when you browse the Websites. Websites Data may include information submitted as part of completing online forms on the Websites (including, but not limited to, name, address, and contact information); and technical information collected by cookies (see below) about the services that you use and how you use them, which may include device-specific information, your navigation throughout the Websites, and other technical and browsing preferences including your location and entry point to the Websites. Please note that if you do not provide certain Personal Data to Propertybase when requested (and, if relevant, provide your consent) we may not be able to provide you with access to all areas of the Website and associated services.
  2. Identity Verification Information. To help us respond to requests for data access and/or deletion requests as required by applicable laws, as well as create and maintain a trusted environment, we may collect identity verification information from you, such as images of your government-issued ID, passport, national ID card, or driving license, as permitted by applicable laws, or other authentication information.
  3. Communications Data. We may collect Personal Data that you provide when you contact Propertybase for any reason, such as to express an interest in obtaining additional information about our services, direct questions or concerns about our services to us, use a “Contact Us” form or similar features, sign up for our emails or attend an event. Such information may include contact information such as name, job title, company name, phone number, and email address.
  4. Reputation & Background Check Data. We may collect Personal Data from you and from third parties in connection with performing diligence on our service providers and business partners. This data may include contact details, information concerning business practices, creditworthiness, reputation and business history, and job titles.

Cookies: We use Cookies and other tracking technologies, in several ways, including advertising, sales and marketing; administering and improving the Websites; tracking users’ movements around the Websites (including point of entry); gathering demographic information about our user base; measuring the success of a particular marketing campaign; providing improved customer service and more relevant content; deterring or detecting fraud; and providing users with a customized experience.  We collect information based on the use of these technologies on an individual as well as an aggregated basis.  The Websites may use the following types of Cookies:

  • Session Cookies: Set temporarily and remain in a web browser’s Cookie file until you leave the Websites. Session Cookies are necessary to enable functionality such as logins and are deleted at the end of a browser session.
  • Persistent Cookies: Remain in a web browser’s Cookie file for a longer period. The duration depends on the lifetime of the specific Cookie, which may be unlimited or until deletion.  Persistent Cookies enable the Websites to remember your choices (like registration data, chosen language, or the region where you are located).  In addition, Persistent Cookies from third parties may be used to display advertisements and information that we think are likely to be relevant and of interest to you.  They are also used to determine how often an advertisement is displayed and to assess the effectiveness of an advertising campaign.
  • Web Beacons: Electronic identifiers (also called “clear GIFs” or “web bugs”) that allow us to count the number of users who have visited the Websites.

Cookies can also be categorized as follows:

  • Strictly Necessary Cookies: These Cookies are necessary for the effective use of the Website and therefore cannot be disabled. Without these Cookies we cannot provide the functions that we offer via the Websites. These Cookies do not collect any information about you that could be used for advertising purposes or that would identify which websites you have visited.
  • Performance Cookies: These Cookies can be used to monitor and improve the performance of our Websites. For example, we can use them to count visits and identify which parts of the Website are particularly popular.
  • Functionality Cookies: These Cookies enable the Websites to remember which options you have selected (e.g. your username, language or the region in which you are located) and provide advanced features. For example, we can provide you with news or updates about the services you use.  These Cookies can be used to save changes which you have made to the text size, font or other parts of the Websites that you can customize.  They may also be used to provide services that you have requested.  The information collected by these cookies is usually made anonymous.

You can refuse to accept Cookies or Web Beacons by setting your Internet browser accordingly.  Browser settings can differ, but settings related to Cookies can usually be found under “Privacy” or “Cookies” in the browser’s “Internet Options” or “Settings” menu.  However, if you refuse to accept Cookies and/or Web Beacons, we may not be able to provide you all or any of the services available through the Websites.

Click here to revoke your consent to our use of Cookies. [insert cookie checkbox]

DO NOT TRACK: Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals via your browser settings to express your preferences regarding online tracking.  Due to the lack of any standard for how do-not-track should work on commercial websites, we do not currently respond to such signals.  Third-parties, such as our analytics providers, from time to time may collect Personal Data that relates to you on the Websites, over other websites.  We cannot control third parties’ responses to do-not-track signals or other such mechanisms.  Third-parties’ use of Personal Data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

5. Third-Party Services That May Collect Personal Data on Our Behalf

  • Analytics Services. We use Google Analytics (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) to help us understand and analyze how the Websites are used.  Google may use Cookies and other tracking technologies.  The information generated by such technologies about your use of the Websites is transmitted to a Google server in the USA and stored there.  IP anonymization is activated on our Websites so that the IP addresses of users within the European Economic Area are shortened before transmission to Google servers in the USA.  Only in exceptional cases is a full IP address transmitted to Google in the USA; in such cases, Personal Data collected by Google is transmitted pursuant to Google’s EU-U.S. Privacy Shield certification.
  • Communications Support. We use HubSpot (HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA) to build landing pages, utilize forms, and send emails to people so they can learn more about Propertybase. When you fill out a form on the Website the information you provide us with may be sent to HubSpot.
  • Content Delivery Network (CDN). We use the CDN of Amazon CloudFront (provided by Amazon Web Services, Inc., 410 Terry Avenue, North Seattle, WA 98109, USA).  A CDN is a network of regionally distributed servers connected via the Internet, which helps us deliver web content efficiently and quickly to users.
  • Customer Relations Management (CRM) System. We use the CRM of Salesforce.com, Inc. (1 Market St., Suite 300 San Francisco, California 94105, USA).  A CRM System records information from users who contact us with inquiries or who register for demo uses of our products and services and enables us to efficiently and quickly process and respond to inquiries from users.
  • Help Center Support. We use Zendesk, Inc. (1019 Market Street, San Francisco, California 94103, San Francisco, USA) to help us operate the Help Centre available on the Websites.  When you contact or otherwise communicate with the Help Center, the information you provide may be transmitted to Zendesk in the USA.
  • Social Media Plug-Ins. We use social media plug-ins, which are small buttons that enable you to share content from the Websites to third-party social media platforms.  These platforms include: Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland); LinkedIn Ireland Unlimited Company (Wilton Place, Dublin 2, Ireland); and Twitter, Inc. (1355 Market Street, Suite 900, San Francisco, CA 94103, USA).  When you use part of the Websites that includes a plug-in, it is possible that your device will establish a connection with the third-party social media platform that offers the plug-in, and that data will be transmitted to the social media platform in the USA, used to create a profile about you, or added to an existing profile.
  • Talent Acquisition. We use ClearCompany (200 Clarendon Street, 49th Floor, Boston, MA 02116) to unify our recruiting, track job applicants, and assist with employee onboarding processes. ClearCompany may collect personally identifiable information such as name, email address, phone number, etc. during talent acquisition. ClearCompany maintains both a Privacy Policy and Privacy Shield available on their website.
  • Video Integration.
    • We have integrated YouTube videos into the Websites that are stored on http://www.youtube.com and can be played directly from the Websites. YouTube is a subsidiary of Google LLC and a service of YouTube LLC (901 Cherry Avenue, San Bruno, CA 94066, USA).  When you play videos, information about what you watch may be transmitted to YouTube in the USA, used to create a profile about you, or added to an existing profile.
    • We have also integrated the video hosting service Wistia Inc. (17 Tudor Street Cambridge, Massachusetts, 02139, USA) into the Websites that are hosted on Wistia and can be played directly from the Websites. When you play videos, Wistia may place Cookies on your device.  Wistia will also collect and provide us with information about user views of videos on our Websites.  When you play videos, information about what you watch may be transmitted to Wistia in the USA.
  • Web Hosting. The Websites are hosted on our behalf by WordPress. (60 29th Street #343, San Francisco, CA 94110).  WordPress provides us services including design and website content management, content capacity, security precautions and technical maintenance. WordPress may process technical data, user interaction, location information, information from cookies, and other technologies.
  • Web Security. We use Wordfence (800 5th, Suite 4100, Seattle, WA 98104) to protect the Websites with endpoint firewall and malware scanner. Wordfence may collect non-personally identifiable information in order to analyze location trends, track user movements, detect and protect against fraud or criminal activity, and improve their software.

6. How We Use Your Personal Data

Your Personal Data may be collected, stored, disclosed and processed by Propertybase for the following purposes:

  1. To provide you with marketing communications and inform you about news and information relating to our business and services, including new product launches, product updates and general business news, and to otherwise communicate with you about our services (see Section 13 for more information about our marketing communications);
  2. To allow you to use and access functionality provided by the Websites;
  3. To enable you to test our products (when you register for this purpose);
  4. To provide you with requested information or technical support;
  5. To confirm and verify your identity;
  6. To assess your application for Propertybase products and services, where applicable;
  7. To understand your needs and interests and to respond to your enquiries;
  8. To provide you with the products and services for which you subscribe;
  9. To assist us in offering you a personalized experience or otherwise tailor our Websites, product and service offerings to you;
  10. To give you offers for third party products and services that we think may be of use to you;
  11. To analyze and improve our services, and to develop new features or services;
  12. For the management and administration of our business;
  13. To comply with and in order to assess compliance with applicable laws, rules and regulations (including tax reporting purposes pursuant to tax legislation), industry codes, voluntary codes we decide to adopt, or good practice, anywhere in the world and internal policies and procedures including the Propertybase Legal Notice;
  14. To detect, investigate and prevent fraud and other crimes or malpractice;
  15. For the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), to obtain legal advice or to establish, exercise or defend legal rights;
  16. To administer and maintain databases storing Personal Data;
  17. To comply with our contractual obligations;
  18. For ongoing review and improvement of the information, content and services provided on the Websites to ensure they are user friendly and to prevent any potential disruptions such as cyber-attacks;
  19. For in-depth threat analysis, and to analyze and report on the Websites’ traffic, marketing and usage trends;
  20. To conduct analysis required to detect malicious data and understand how this may affect your IT system;
  21. For statistical monitoring and analysis of current attacks on devices and systems for the on-going adaption of the solutions provided to secure systems and devices against current attacks; and
  22. For purposes otherwise set out in this Notice.

Propertybase is entitled to use your Personal Data for these purposes because of the following legal bases:

  1. Propertybase needs to do so in order to perform its contractual obligations to you (for example, in order to manage your account and verify the information you provide);
  2. Propertybase has obtained your specific and informed consent (which may include written consent) unless an exemption provided under applicable law permits the use and disclosure of your Personal Data without your consent;
  3. Propertybase has legal or regulatory obligations that must be discharged;
  4. Propertybase may need to do so in order to establish, exercise or defend its legal rights or for the purpose of legal proceedings; and/or
  5. The use of your Personal Data is necessary for our legitimate business interests or the legitimate interests of a third party, including (i) allowing Propertybase to effectively and efficiently administer and manage the operation of its business; (ii) maintaining compliance with internal policies and procedures; (iii) monitoring the use of our proprietary systems or other protected materials; (iv) offering optimal, up-to-date security solutions for mobile devices and IT systems; or (v) for internal research purposes.

If you are located in a jurisdiction that requires us to obtain your consent to collect, use, store, process and disclose your Personal Data, you understand that by accepting the terms of this Notice you expressly provide your consent to Propertybase collecting, using, storing, processing and disclosing your Personal Data as set out in this Notice.

7. Disclosure of Your Personal Data to Third-Parties

Propertybase does not sell Personal Data to third parties. Propertybase may share or provide access to your Personal Data among its affiliates and business units and third-party agents, service providers and contractors outside of Propertybase:

  • For the purpose of the management and administration of Propertybase’s business, and in order to facilitate the provision of services to you.
  • We work with third party service providers to provide website development, hosting, data storage, maintenance, and other services for us. To the extent it is necessary for these third-party service providers to complete their contractual obligations to us, these third parties may have access to or process information about you. Our third-party service providers will be expected to be subject to confidentiality requirements (either by contract, professional obligation, duty or otherwise), and do not have any independent right to use or share such information outside of their relationship with Propertybase.
  • We partner with certain third parties to collect information regarding your use of our products and services in order to improve the maintenance and support we are able to provide you for our products and services. These third parties may also engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. Even if you do not click on these plug-ins, they may collect information about you, such as your IP address, the pages that you view, and the actions you complete. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. Please note that certain aspects of our products and services may not work correctly if you block cookies. Any third-party plugins and components are governed by the privacy policy of the company providing them (and not this Notice), so we advise you to read their privacy statements.
  • In some cases, in order to provide the products and services available through and/or in connection with the Websites, we provide information about you to trusted partners who work on behalf of or with us under confidentiality agreements. Our partners do not have any independent right to use or share such information outside of their relationship with Propertybase.
  • We may partner with third parties to either display advertising on our Websites or to manage our advertising on other websites. Our third-party partners may use tracking technologies to gather information about your activities on our Websites and other websites to provide you with advertising based on your browsing activities and interests.
  • We may share information about you in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
  • We may share information about you if we have a good faith belief that it is necessary to do so in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Propertybase’s terms of use, or as otherwise required by law.
  • We may transfer or assign information about you if Propertybase is acquired by or merged with another company, or in the unlikely event of a bankruptcy.
  • Propertybase may share anonymous or aggregated data with third parties such as service providers in order to facilitate our business operations.

You may request information about service providers, partners, and other third parties we work with at any time. If you would like Propertybase to stop providing your Personal Data to any third party, please contact us at dataprivacy@propertybase.com.

8. Links to Other Websites

The Websites may contain links to third-party websites that are not governed by this Notice.  Linked websites may have their own privacy notices or policies, which you should review.  Propertybase is not responsible for the content of links or third-party websites and your use of such third-party websites is at your own risk. 

9. Transfers of Personal Data

Propertybase operates globally. This means Personal Data may be processed and disclosed as described above, in any country in which we conduct business or have a service provider. Accordingly, when you provide your Personal Data to Propertybase, you acknowledge and agree that we may disclose your Personal Data to recipients (including, but not limited to service providers, Propertybase affiliates or agents, and Propertybase IT servers) located in jurisdictions other than your own, including but not limited to the USA, United Kingdom, Australia, and Germany.

To the extent that applicable data protection and privacy law do not allow or permit us to obtain your valid consent by virtue of providing this Notice to you, or otherwise rely on the other grounds set out in this Notice for disclosing your Personal Data outside of your jurisdiction under the data protection and privacy law of your jurisdiction, we will obtain your explicit consent through other means (if applicable) or, where relevant, ensure that the recipient is bound by data protection and privacy laws of its jurisdiction to provide a standard of protection to your Personal Data that is equivalent to that under the data protection and privacy laws of your jurisdiction.

In other circumstances, data protection and privacy laws may permit Propertybase to otherwise transfer your Personal Data outside your jurisdiction provided it is in compliance with such data protection and privacy laws.

10. How We Safeguard Your Personal Data

Propertybase has implemented commercially reasonable controls and appropriate technical and organizational measures to protect Personal Data, as well as to maintain the security of our information and information systems in respect of Personal Data.  Appropriate controls (such as restricted access) are placed on our computer systems and used where appropriate.  Reasonable measures are taken to ensure physical access to Personal Data is limited to authorized employees. 

No security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any information you transmit to us through the Websites. We also cannot control the actions of other users or other third parties with whom you may choose to share your information and therefore we cannot and do not guarantee that information you post through the Websites will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

As a condition of employment, Propertybase employees are required to follow applicable laws and regulations, including in relation to data protection and privacy laws. Unauthorized use or disclosure of confidential client information by a Propertybase employee is prohibited and may result in disciplinary measures.

When you contact a Propertybase employee about your Personal Data, you may be asked to confirm some details relating to the Personal Data Propertybase holds about you. This type of safeguard is designed to ensure that only you, or someone authorized by you, has access to your Personal Data.

11. Retention and Destruction of Personal Data

The period for which Propertybase will hold your Personal Data will vary and will be determined by the following criteria:

  • The Purpose of the Use. Propertybase is required to retain the Personal Data for as long as is necessary to satisfy or meet the purposes for which it was obtained or any other legal purpose; and
  • Legal Obligations. Laws or regulations may set a minimum period for which Propertybase must retain your Personal Data.  For example, the German Commercial Code (HGB) and the German Tax Code (AO) mandate certain periods for storage or documentation of up to ten years beyond the end of the business relationship or the pre-contractual legal relationship.  Other legal regulations may require a longer retention period (such as the preservation of evidence within the framework of the legal statute of limitations regulations).

Where required, Propertybase will take reasonable steps using appropriate technical methods in the circumstances to delete or destroy your Personal Data when we no longer have a legal basis to retain it, or to ensure that the information is anonymized.  Data that is no longer required for the fulfillment of contractual or statutory obligations and rights is regularly deleted, unless its further processing for a limited period is necessary for the fulfillment of the legitimate business purposes of Propertybase.

12. Your Rights

Depending on your jurisdiction, you may have legal rights in relation to your Personal Data. These rights may include:

  • Declining to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Websites.
  • Requesting and obtaining information regarding how Propertybase may process your Personal Data, and access to the Personal Data about you that Propertybase holds (including any available information as to the source of the Personal Data).
  • Where consent was provided for certain processing activities, withdrawing your consent to the collection, processing, use and disclosure of your Personal Data at any time. Note, however, that this will not affect the lawfulness of any collection, processing, use or disclosure undertaken before your withdrawal and that Propertybase may still be entitled to process your Personal Data if it has another legitimate reason (other than consent) or a consent exception for doing so. In some cases, withdrawing your consent to the collection, use process or disclosure of some or all of your Personal Data may prevent us from providing services to you.
  • In some circumstances, requesting and receiving some Personal Data in a structured, commonly used and machine-readable format and/or request that Propertybase transmit that data to a third party where this is technically feasible. Please note that this right only applies to Personal Data that you have provided to Propertybase. For California residents, please see Section 15 regarding verified consumer access requests.
  • In some circumstances, requesting that Propertybase correct your Personal Information if it is inaccurate or incomplete. Once you have purchased a Propertybase account, you may update, correct, or delete your profile information and preferences at any time by accessing your account settings in your Propertybase product.
  • In some circumstances, requesting that we erase your Personal Information (but please note that there may be circumstances where we are legally entitled to retain Personal Information regardless of any such request).
  • In some circumstances, requesting that we restrict or block our processing of your Personal Information (again, there may be circumstances where we are legally entitled to refuse that request).
  • For EU residents, the right to lodge a complaint with the data protection regulator in your jurisdiction if you think that any of your rights have been infringed by Propertybase. The supervisory authority responsible for Propertybase is the Bavarian State Office for Data Protection Supervision, Promenade 27, 91522 Ansbach, Germany, phone: +49 (0) 981 53 1300, fax: +49 (0) 981 53 98 1300, E-mail: poststelle@lda.bayern.de.

You can enquire about your rights by contacting us using the details listed in Section 2.

13. Marketing Communications

To the extent permitted by applicable law, we may contact you by mail, e-mail, SMS/text, telephone and other electronic means to provide information on products and services that we believe will be of interest, unless you object to receiving such information.

We will endeavor to honor your choices when it comes to receiving marketing communications from us.  You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:

  • Contact us using the details set out in Section 2;
  • Click the “unsubscribe” link in the email or newsletter you received;
  • For SMS messages, reply “STOP” or follow the instructions in the message or settings to discontinue the Service;
  • For push notifications on mobile devices, turn off push notifications for specific apps in your Settings at the device level.

Remember that even if you choose not to receive marketing communications from us, we will continue to send you mandatory service or transactional communications.  We also may still access and view your Personal Data for our internal business purposes, and/or disclose your Personal Data as described in this Notice for purposes other than sending you promotional and marketing materials.

14. Our Commitment to Children’s Privacy

Our Websites are intended for use by those over the age of 18.  We do not knowingly collect personal information from children under the age of 18.  If you are under 18 years of age, then please do not use or access the Websites at any time or in any manner.

15. Information for California Residents

If you are a California resident, you have the right to request certain information from us regarding the manner in which we share with third-parties certain categories of information that identifies you for the third parties’ direct marketing purposes.

If you are a California resident, the term Personal Data will include the full definition of “Personal Information” under the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100, et seq. (2018), which provides you the following rights that are in addition to the rights set out above:

  • The right to request, up to twice in a twelve-month period, your Personal Information in a format that is portable and, to the extent technically feasible, in a readily useable format that will allow you to transmit it to another entity.
  • The right to request that we delete your Personal Information, except in circumstances where we are legally entitled to retain Personal Information regardless of any such request.
  • The right to opt-out of any sale of your Personal Information to any third parties, without experiencing any discrimination, as defined under the law, as a result of your exercise of this right. Note that Propertybase does not sell Personal Information.

Under California law, you also have the right to request certain information from us regarding the manner in which we share with third-parties certain categories of information that identifies you for the third-parties’ direct marketing purposes.

If you are a California resident and you have questions about your rights or wish to exercise these rights, please contact us at dataprivacy@propertybase.com or at 855-390-2273.

16. Availability of this Notice

This Notice can be accessed and printed out from the footer of the Websites.

17. Notification of Changes

We reserve the right to modify this Notice at any time, so please review it frequently. If we make material changes to this Notice, we will notify you, including by email or by means of a notice on the Websites so that you can choose whether to continue using the Websites.  Material modifications are effective 30 calendar days after our initial notification or upon your acceptance of the modified Terms.  Immaterial modifications are effective upon posting of the updated Notice on the Websites. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Notice in effect at the time the dispute arose.

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Propertybase Privacy Notice

Last Updated: June 29, 2020

1. Introduction

This is the website data protection policy and privacy notice (“Notice”) for Propertybase, Inc., Propertybase GmbH, and Boston Logic Technology Partners d/b/a Propertybase (together, “Propertybase”).

At Propertybase, we respect the privacy of our customers and others who use our websites, products, and services, and this Notice, together with the Propertybase Legal Notice, governs how Propertybase collects, processes, and uses your Personal Data (as defined below) when you use any Propertybase websites, including those located at www.propertybase.com and https://help.propertybase.com (the “Websites”).  The Websites process Personal Data in accordance with the EU General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG), and other laws, as applicable, including the California Consumer Privacy Act (CCPA). 

This Notice is incorporated into and is subject to the Propertybase Legal Notice.  It only applies to information collected on the Websites and is not intended to fully describe the privacy policies of Propertybase.  It describes the information that we gather from you, how we use and disclose your information, and the steps we take to protect your information.  By using the Websites, you consent to the privacy practices described in this Notice.

This Notice may change from time to time and you should review it periodically.  If you have questions or complaints regarding our Notice or privacy practices, please contact us as detailed in Section 2 below.

2. Contact Details

Propertybase, Inc.
Address: 268 Summer Street, Floor 2, Boston, MA 02210
Tel: 1.617.266.9166
E-mail: dataprivacy@propertybase.com

We are typically able to resolve privacy questions or concerns promptly and effectively. Depending on the jurisdiction in which you reside, if you are not satisfied with the response you receive from us, you may escalate concerns to the applicable privacy regulator in your jurisdiction, the details of which can be obtained using the contact details above.

3. Personal Data

“Personal Data” may also be referred to as Personal Information or Personally Identifiable Information.  For purposes of this Notice, we use the term Personal Data, except where we explicitly state otherwise (such as in Section 15, which addresses the rights of California residents).  Personal Data means any data, which relates to a living individual who can be identified from that data, or from that data taken together with other information, which is in the possession of, or is likely to come into the possession of, Propertybase (or its representatives or service providers).  In addition to factual information, it includes any expression of opinion about an individual and any indication of the intentions of Propertybase or any other person in respect of an individual.

4. The Personal Data We May Collect About You

If you are a Propertybase employee or plan to apply for employment with Propertybase, our policies and practices regarding the collection and processing of your Personal Data are detailed in separate policies. For all other individuals, when you visit the Websites we may collect and process the following categories of Personal Data about you:

  1. Websites Data. We may collect and process Personal Data about you when you browse the Websites. Websites Data may include information submitted as part of completing online forms on the Websites (including, but not limited to, name, address, and contact information); and technical information collected by cookies (see below) about the services that you use and how you use them, which may include device-specific information, your navigation throughout the Websites, and other technical and browsing preferences including your location and entry point to the Websites. Please note that if you do not provide certain Personal Data to Propertybase when requested (and, if relevant, provide your consent) we may not be able to provide you with access to all areas of the Website and associated services.
  2. Identity Verification Information. To help us respond to requests for data access and/or deletion requests as required by applicable laws, as well as create and maintain a trusted environment, we may collect identity verification information from you, such as images of your government-issued ID, passport, national ID card, or driving license, as permitted by applicable laws, or other authentication information.
  3. Communications Data. We may collect Personal Data that you provide when you contact Propertybase for any reason, such as to express an interest in obtaining additional information about our services, direct questions or concerns about our services to us, use a “Contact Us” form or similar features, sign up for our emails or attend an event. Such information may include contact information such as name, job title, company name, phone number, and email address.
  4. Reputation & Background Check Data. We may collect Personal Data from you and from third parties in connection with performing diligence on our service providers and business partners. This data may include contact details, information concerning business practices, creditworthiness, reputation and business history, and job titles.

Cookies: We use Cookies and other tracking technologies, in several ways, including advertising, sales and marketing; administering and improving the Websites; tracking users’ movements around the Websites (including point of entry); gathering demographic information about our user base; measuring the success of a particular marketing campaign; providing improved customer service and more relevant content; deterring or detecting fraud; and providing users with a customized experience.  We collect information based on the use of these technologies on an individual as well as an aggregated basis.  The Websites may use the following types of Cookies:

  • Session Cookies: Set temporarily and remain in a web browser’s Cookie file until you leave the Websites. Session Cookies are necessary to enable functionality such as logins and are deleted at the end of a browser session.
  • Persistent Cookies: Remain in a web browser’s Cookie file for a longer period. The duration depends on the lifetime of the specific Cookie, which may be unlimited or until deletion.  Persistent Cookies enable the Websites to remember your choices (like registration data, chosen language, or the region where you are located).  In addition, Persistent Cookies from third parties may be used to display advertisements and information that we think are likely to be relevant and of interest to you.  They are also used to determine how often an advertisement is displayed and to assess the effectiveness of an advertising campaign.
  • Web Beacons: Electronic identifiers (also called “clear GIFs” or “web bugs”) that allow us to count the number of users who have visited the Websites.

Cookies can also be categorized as follows:

  • Strictly Necessary Cookies: These Cookies are necessary for the effective use of the Website and therefore cannot be disabled. Without these Cookies we cannot provide the functions that we offer via the Websites. These Cookies do not collect any information about you that could be used for advertising purposes or that would identify which websites you have visited.
  • Performance Cookies: These Cookies can be used to monitor and improve the performance of our Websites. For example, we can use them to count visits and identify which parts of the Website are particularly popular.
  • Functionality Cookies: These Cookies enable the Websites to remember which options you have selected (e.g. your username, language or the region in which you are located) and provide advanced features. For example, we can provide you with news or updates about the services you use.  These Cookies can be used to save changes which you have made to the text size, font or other parts of the Websites that you can customize.  They may also be used to provide services that you have requested.  The information collected by these cookies is usually made anonymous.

You can refuse to accept Cookies or Web Beacons by setting your Internet browser accordingly.  Browser settings can differ, but settings related to Cookies can usually be found under “Privacy” or “Cookies” in the browser’s “Internet Options” or “Settings” menu.  However, if you refuse to accept Cookies and/or Web Beacons, we may not be able to provide you all or any of the services available through the Websites.

DO NOT TRACK: Your browser and other mechanisms may permit you to send do-not-track signals or other similar signals via your browser settings to express your preferences regarding online tracking.  Due to the lack of any standard for how do-not-track should work on commercial websites, we do not currently respond to such signals.  Third-parties, such as our analytics providers, from time to time may collect Personal Data that relates to you on the Websites, over other websites.  We cannot control third parties’ responses to do-not-track signals or other such mechanisms.  Third-parties’ use of Personal Data relating to you and responsiveness to do-not-track signals is governed by their respective privacy policies.

5. Third-Party Services That May Collect Personal Data on Our Behalf

  • Analytics Services. We use Google Analytics (Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA) to help us understand and analyze how the Websites are used.  Google may use Cookies and other tracking technologies.  The information generated by such technologies about your use of the Websites is transmitted to a Google server in the USA and stored there.  IP anonymization is activated on our Websites so that the IP addresses of users within the European Economic Area are shortened before transmission to Google servers in the USA.  Only in exceptional cases is a full IP address transmitted to Google in the USA; in such cases, Personal Data collected by Google is transmitted pursuant to Google’s EU-U.S. Privacy Shield certification.
  • Communications Support. We use HubSpot (HubSpot, Inc., 25 First Street, 2nd Floor, Cambridge, MA 02141 USA) to build landing pages, utilize forms, and send emails to people so they can learn more about Propertybase. When you fill out a form on the Website the information you provide us with may be sent to HubSpot.
  • Content Delivery Network (CDN). We use the CDN of Amazon CloudFront (provided by Amazon Web Services, Inc., 410 Terry Avenue, North Seattle, WA 98109, USA).  A CDN is a network of regionally distributed servers connected via the Internet, which helps us deliver web content efficiently and quickly to users.
  • Customer Relations Management (CRM) System. We use the CRM of Salesforce.com, Inc. (1 Market St., Suite 300 San Francisco, California 94105, USA).  A CRM System records information from users who contact us with inquiries or who register for demo uses of our products and services and enables us to efficiently and quickly process and respond to inquiries from users.
  • Help Center Support. We use Zendesk, Inc. (1019 Market Street, San Francisco, California 94103, San Francisco, USA) to help us operate the Help Centre available on the Websites.  When you contact or otherwise communicate with the Help Center, the information you provide may be transmitted to Zendesk in the USA.
  • Social Media Plug-Ins. We use social media plug-ins, which are small buttons that enable you to share content from the Websites to third-party social media platforms.  These platforms include: Facebook Ireland Ltd. (4 Grand Canal Square, Grand Canal Harbour, Dublin 2, Ireland); LinkedIn Ireland Unlimited Company (Wilton Place, Dublin 2, Ireland); and Twitter, Inc. (1355 Market Street, Suite 900, San Francisco, CA 94103, USA).  When you use part of the Websites that includes a plug-in, it is possible that your device will establish a connection with the third-party social media platform that offers the plug-in, and that data will be transmitted to the social media platform in the USA, used to create a profile about you, or added to an existing profile.
  • Talent Acquisition. We use ClearCompany (200 Clarendon Street, 49th Floor, Boston, MA 02116) to unify our recruiting, track job applicants, and assist with employee onboarding processes. ClearCompany may collect personally identifiable information such as name, email address, phone number, etc. during talent acquisition. ClearCompany maintains both a Privacy Policy and Privacy Shield available on their website.
  • Video Integration.
    • We have integrated YouTube videos into the Websites that are stored on http://www.youtube.com and can be played directly from the Websites. YouTube is a subsidiary of Google LLC and a service of YouTube LLC (901 Cherry Avenue, San Bruno, CA 94066, USA).  When you play videos, information about what you watch may be transmitted to YouTube in the USA, used to create a profile about you, or added to an existing profile.
    • We have also integrated the video hosting service Wistia Inc. (17 Tudor Street Cambridge, Massachusetts, 02139, USA) into the Websites that are hosted on Wistia and can be played directly from the Websites. When you play videos, Wistia may place Cookies on your device.  Wistia will also collect and provide us with information about user views of videos on our Websites.  When you play videos, information about what you watch may be transmitted to Wistia in the USA.
  • Web Hosting. The Websites are hosted on our behalf by WordPress. (60 29th Street #343, San Francisco, CA 94110).  WordPress provides us services including design and website content management, content capacity, security precautions and technical maintenance. WordPress may process technical data, user interaction, location information, information from cookies, and other technologies.
  • Web Security. We use Wordfence (800 5th, Suite 4100, Seattle, WA 98104) to protect the Websites with endpoint firewall and malware scanner. Wordfence may collect non-personally identifiable information in order to analyze location trends, track user movements, detect and protect against fraud or criminal activity, and improve their software.

6. How We Use Your Personal Data

Your Personal Data may be collected, stored, disclosed and processed by Propertybase for the following purposes:

  1. To provide you with marketing communications and inform you about news and information relating to our business and services, including new product launches, product updates and general business news, and to otherwise communicate with you about our services (see Section 13 for more information about our marketing communications);
  2. To allow you to use and access functionality provided by the Websites;
  3. To enable you to test our products (when you register for this purpose);
  4. To provide you with requested information or technical support;
  5. To confirm and verify your identity;
  6. To assess your application for Propertybase products and services, where applicable;
  7. To understand your needs and interests and to respond to your enquiries;
  8. To provide you with the products and services for which you subscribe;
  9. To assist us in offering you a personalized experience or otherwise tailor our Websites, product and service offerings to you;
  10. To give you offers for third party products and services that we think may be of use to you;
  11. To analyze and improve our services, and to develop new features or services;
  12. For the management and administration of our business;
  13. To comply with and in order to assess compliance with applicable laws, rules and regulations (including tax reporting purposes pursuant to tax legislation), industry codes, voluntary codes we decide to adopt, or good practice, anywhere in the world and internal policies and procedures including the Propertybase Legal Notice;
  14. To detect, investigate and prevent fraud and other crimes or malpractice;
  15. For the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), to obtain legal advice or to establish, exercise or defend legal rights;
  16. To administer and maintain databases storing Personal Data;
  17. To comply with our contractual obligations;
  18. For ongoing review and improvement of the information, content and services provided on the Websites to ensure they are user friendly and to prevent any potential disruptions such as cyber-attacks;
  19. For in-depth threat analysis, and to analyze and report on the Websites’ traffic, marketing and usage trends;
  20. To conduct analysis required to detect malicious data and understand how this may affect your IT system;
  21. For statistical monitoring and analysis of current attacks on devices and systems for the on-going adaption of the solutions provided to secure systems and devices against current attacks; and
  22. For purposes otherwise set out in this Notice.

Propertybase is entitled to use your Personal Data for these purposes because of the following legal bases:

  1. Propertybase needs to do so in order to perform its contractual obligations to you (for example, in order to manage your account and verify the information you provide);
  2. Propertybase has obtained your specific and informed consent (which may include written consent) unless an exemption provided under applicable law permits the use and disclosure of your Personal Data without your consent;
  3. Propertybase has legal or regulatory obligations that must be discharged;
  4. Propertybase may need to do so in order to establish, exercise or defend its legal rights or for the purpose of legal proceedings; and/or
  5. The use of your Personal Data is necessary for our legitimate business interests or the legitimate interests of a third party, including (i) allowing Propertybase to effectively and efficiently administer and manage the operation of its business; (ii) maintaining compliance with internal policies and procedures; (iii) monitoring the use of our proprietary systems or other protected materials; (iv) offering optimal, up-to-date security solutions for mobile devices and IT systems; or (v) for internal research purposes.

If you are located in a jurisdiction that requires us to obtain your consent to collect, use, store, process and disclose your Personal Data, you understand that by accepting the terms of this Notice you expressly provide your consent to Propertybase collecting, using, storing, processing and disclosing your Personal Data as set out in this Notice.

7. Disclosure of Your Personal Data to Third-Parties

Propertybase does not sell Personal Data to third parties. Propertybase may share or provide access to your Personal Data among its affiliates and business units and third-party agents, service providers and contractors outside of Propertybase:

  • For the purpose of the management and administration of Propertybase’s business, and in order to facilitate the provision of services to you.
  • We work with third party service providers to provide website development, hosting, data storage, maintenance, and other services for us. To the extent it is necessary for these third-party service providers to complete their contractual obligations to us, these third parties may have access to or process information about you. Our third-party service providers will be expected to be subject to confidentiality requirements (either by contract, professional obligation, duty or otherwise), and do not have any independent right to use or share such information outside of their relationship with Propertybase.
  • We partner with certain third parties to collect information regarding your use of our products and services in order to improve the maintenance and support we are able to provide you for our products and services. These third parties may also engage in analysis, auditing, research, and reporting. These third parties may use web logs or web beacons, and they may set and access cookies on your computer or other device. Even if you do not click on these plug-ins, they may collect information about you, such as your IP address, the pages that you view, and the actions you complete. If you prefer to prevent third parties from setting and accessing cookies on your computer, you may set your browser to block cookies. Please note that certain aspects of our products and services may not work correctly if you block cookies. Any third-party plugins and components are governed by the privacy policy of the company providing them (and not this Notice), so we advise you to read their privacy statements.
  • In some cases, in order to provide the products and services available through and/or in connection with the Websites, we provide information about you to trusted partners who work on behalf of or with us under confidentiality agreements. Our partners do not have any independent right to use or share such information outside of their relationship with Propertybase.
  • We may partner with third parties to either display advertising on our Websites or to manage our advertising on other websites. Our third-party partners may use tracking technologies to gather information about your activities on our Websites and other websites to provide you with advertising based on your browsing activities and interests.
  • We may share information about you in response to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims.
  • We may share information about you if we have a good faith belief that it is necessary to do so in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Propertybase’s terms of use, or as otherwise required by law.
  • We may transfer or assign information about you if Propertybase is acquired by or merged with another company, or in the unlikely event of a bankruptcy.
  • Propertybase may share anonymous or aggregated data with third parties such as service providers in order to facilitate our business operations.

You may request information about service providers, partners, and other third parties we work with at any time. If you would like Propertybase to stop providing your Personal Data to any third party, please contact us at dataprivacy@propertybase.com.

8. Links to Other Websites

The Websites may contain links to third-party websites that are not governed by this Notice.  Linked websites may have their own privacy notices or policies, which you should review.  Propertybase is not responsible for the content of links or third-party websites and your use of such third-party websites is at your own risk. 

9. Transfers of Personal Data

Propertybase operates globally. This means Personal Data may be processed and disclosed as described above, in any country in which we conduct business or have a service provider. Accordingly, when you provide your Personal Data to Propertybase, you acknowledge and agree that we may disclose your Personal Data to recipients (including, but not limited to service providers, Propertybase affiliates or agents, and Propertybase IT servers) located in jurisdictions other than your own, including but not limited to the USA, United Kingdom, Australia, and Germany.

To the extent that applicable data protection and privacy law do not allow or permit us to obtain your valid consent by virtue of providing this Notice to you, or otherwise rely on the other grounds set out in this Notice for disclosing your Personal Data outside of your jurisdiction under the data protection and privacy law of your jurisdiction, we will obtain your explicit consent through other means (if applicable) or, where relevant, ensure that the recipient is bound by data protection and privacy laws of its jurisdiction to provide a standard of protection to your Personal Data that is equivalent to that under the data protection and privacy laws of your jurisdiction.

In other circumstances, data protection and privacy laws may permit Propertybase to otherwise transfer your Personal Data outside your jurisdiction provided it is in compliance with such data protection and privacy laws.

10. How We Safeguard Your Personal Data

Propertybase has implemented commercially reasonable controls and appropriate technical and organizational measures to protect Personal Data, as well as to maintain the security of our information and information systems in respect of Personal Data.  Appropriate controls (such as restricted access) are placed on our computer systems and used where appropriate.  Reasonable measures are taken to ensure physical access to Personal Data is limited to authorized employees. 

No security measures are perfect or impenetrable, so we cannot ensure or warrant the security of any information you transmit to us through the Websites. We also cannot control the actions of other users or other third parties with whom you may choose to share your information and therefore we cannot and do not guarantee that information you post through the Websites will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Websites.

As a condition of employment, Propertybase employees are required to follow applicable laws and regulations, including in relation to data protection and privacy laws. Unauthorized use or disclosure of confidential client information by a Propertybase employee is prohibited and may result in disciplinary measures.

When you contact a Propertybase employee about your Personal Data, you may be asked to confirm some details relating to the Personal Data Propertybase holds about you. This type of safeguard is designed to ensure that only you, or someone authorized by you, has access to your Personal Data.

11. Retention and Destruction of Personal Data

The period for which Propertybase will hold your Personal Data will vary and will be determined by the following criteria:

  • The Purpose of the Use. Propertybase is required to retain the Personal Data for as long as is necessary to satisfy or meet the purposes for which it was obtained or any other legal purpose; and
  • Legal Obligations. Laws or regulations may set a minimum period for which Propertybase must retain your Personal Data.  For example, the German Commercial Code (HGB) and the German Tax Code (AO) mandate certain periods for storage or documentation of up to ten years beyond the end of the business relationship or the pre-contractual legal relationship.  Other legal regulations may require a longer retention period (such as the preservation of evidence within the framework of the legal statute of limitations regulations).

Where required, Propertybase will take reasonable steps using appropriate technical methods in the circumstances to delete or destroy your Personal Data when we no longer have a legal basis to retain it, or to ensure that the information is anonymized.  Data that is no longer required for the fulfillment of contractual or statutory obligations and rights is regularly deleted, unless its further processing for a limited period is necessary for the fulfillment of the legitimate business purposes of Propertybase.

12. Your Rights

Depending on your jurisdiction, you may have legal rights in relation to your Personal Data. These rights may include:

  • Declining to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Websites.
  • Requesting and obtaining information regarding how Propertybase may process your Personal Data, and access to the Personal Data about you that Propertybase holds (including any available information as to the source of the Personal Data).
  • Where consent was provided for certain processing activities, withdrawing your consent to the collection, processing, use and disclosure of your Personal Data at any time. Note, however, that this will not affect the lawfulness of any collection, processing, use or disclosure undertaken before your withdrawal and that Propertybase may still be entitled to process your Personal Data if it has another legitimate reason (other than consent) or a consent exception for doing so. In some cases, withdrawing your consent to the collection, use process or disclosure of some or all of your Personal Data may prevent us from providing services to you.
  • In some circumstances, requesting and receiving some Personal Data in a structured, commonly used and machine-readable format and/or request that Propertybase transmit that data to a third party where this is technically feasible. Please note that this right only applies to Personal Data that you have provided to Propertybase. For California residents, please see Section 15 regarding verified consumer access requests.
  • In some circumstances, requesting that Propertybase correct your Personal Information if it is inaccurate or incomplete. Once you have purchased a Propertybase account, you may update, correct, or delete your profile information and preferences at any time by accessing your account settings in your Propertybase product.
  • In some circumstances, requesting that we erase your Personal Information (but please note that there may be circumstances where we are legally entitled to retain Personal Information regardless of any such request).
  • In some circumstances, requesting that we restrict or block our processing of your Personal Information (again, there may be circumstances where we are legally entitled to refuse that request).
  • For EU residents, the right to lodge a complaint with the data protection regulator in your jurisdiction if you think that any of your rights have been infringed by Propertybase. The supervisory authority responsible for Propertybase is the Bavarian State Office for Data Protection Supervision, Promenade 27, 91522 Ansbach, Germany, phone: +49 (0) 981 53 1300, fax: +49 (0) 981 53 98 1300, E-mail: poststelle@lda.bayern.de.

You can enquire about your rights by contacting us using the details listed in Section 2.

13. Marketing Communications

To the extent permitted by applicable law, we may contact you by mail, e-mail, SMS/text, telephone and other electronic means to provide information on products and services that we believe will be of interest, unless you object to receiving such information.

We will endeavor to honor your choices when it comes to receiving marketing communications from us.  You have the following choices if you have been receiving marketing communications from us that you no longer wish to receive:

  • Contact us using the details set out in Section 2;
  • Click the “unsubscribe” link in the email or newsletter you received;
  • For SMS messages, reply “STOP” or follow the instructions in the message or settings to discontinue the Service;
  • For push notifications on mobile devices, turn off push notifications for specific apps in your Settings at the device level.

Remember that even if you choose not to receive marketing communications from us, we will continue to send you mandatory service or transactional communications.  We also may still access and view your Personal Data for our internal business purposes, and/or disclose your Personal Data as described in this Notice for purposes other than sending you promotional and marketing materials.

14. Our Commitment to Children’s Privacy

Our Websites are intended for use by those over the age of 18.  We do not knowingly collect personal information from children under the age of 18.  If you are under 18 years of age, then please do not use or access the Websites at any time or in any manner.

15. Information for California Residents

If you are a California resident, you have the right to request certain information from us regarding the manner in which we share with third-parties certain categories of information that identifies you for the third parties’ direct marketing purposes.

If you are a California resident, the term Personal Data will include the full definition of “Personal Information” under the California Consumer Privacy Act, Cal. Civ. Code §§ 1798.100, et seq. (2018), which provides you the following rights that are in addition to the rights set out above:

  • The right to request, up to twice in a twelve-month period, your Personal Information in a format that is portable and, to the extent technically feasible, in a readily useable format that will allow you to transmit it to another entity.
  • The right to request that we delete your Personal Information, except in circumstances where we are legally entitled to retain Personal Information regardless of any such request.
  • The right to opt-out of any sale of your Personal Information to any third parties, without experiencing any discrimination, as defined under the law, as a result of your exercise of this right. Note that Propertybase does not sell Personal Information.

Under California law, you also have the right to request certain information from us regarding the manner in which we share with third-parties certain categories of information that identifies you for the third-parties’ direct marketing purposes.

If you are a California resident and you have questions about your rights or wish to exercise these rights, please contact us at dataprivacy@propertybase.com or at 855-390-2273.

16. Availability of this Notice

This Notice can be accessed and printed out from the footer of the Websites.

17. Notification of Changes

We reserve the right to modify this Notice at any time, so please review it frequently. If we make material changes to this Notice, we will notify you, including by email or by means of a notice on the Websites so that you can choose whether to continue using the Websites.  Material modifications are effective 30 calendar days after our initial notification or upon your acceptance of the modified Terms.  Immaterial modifications are effective upon posting of the updated Notice on the Websites. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Notice in effect at the time the dispute arose.

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