Effective Date: May 12, 2021
2. YOUR CONSENT
5. COLLECTION OF PERSONAL INFORMATION
5.1. Personal Information. “Personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular consumer or household. The following are categories (with non-exhaustive examples) of personal information we may collect about you and for each category the purpose for which it may be used:
|A. Individual Identifiers and Demographic Information||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers. • To provide the information, products and services you request.||
|B. Sensitive Personal Information||Health information, financial or credit/debit card account information, information about children, Social Security number, race/ethnicity, nationality, sexual orientation, political opinions, labor/trade union membership, religious or philosophical beliefs.|
|C. Geolocation Data||Precise physical location or movements. precise, real-time location information from your mobile device||
|D. Biometric Information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.|
|E. Sensory Data||Audio, electronic, visual, thermal, olfactory, or similar information.|
|F. Commercial Information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.|
|G. Internet or Network Activity||IP address, the name of your operating system, the name and version of your browser, the date and time of your visit, and the pages you visit. In addition, we also collect Cookies and other online tracking technologies • To help us improve the Site and make it more compatible with the technology used by our visitors.||
|H. Professional or Employment-Related Information||Information collected in connection with employment or application for employment, benefit information, title, employment history, education, job qualifications, current or past job history, performance evaluations, and other employee personal data.|
|I. Education Information||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.|
|J. Inferences Drawn from Personal Information||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.|
5.2. Personal information does not include:
- Publicly Available Data. Publicly available information from government records.
- Deidentified or Aggregate Information. “Deidentified Information” means information that cannot reasonably identify, relate to, describe, be capable of being associated with, or be linked, directly or indirectly, to a particular individual, and for which BiggerPockets has implemented technical safeguards and business processes that prohibit reidentification of the individual. “Aggregate Information” means information that relates to a group or category of individuals, from which individual identities have been removed, that is not linked or reasonably linkable to any individual or household, including via a device.
5.3. Sources of Personal Information. We obtain the categories of personal information listed above on or through our Site from the following sources:
- Personal Information You Manually Provide. BiggerPockets collects personal information you manually provide (using your keyboard, mouse, or touchpad) when you use the Site. For example, we collect personal information you provide when you contact us with questions, express interest in advertising on the Site, register with the Site and create a profile, participate in a forum discussion, or otherwise interact with the Site.
- Personal Information From Third-Party Social Media Platforms. You may be able to register with, log on to, or enhance your profile on the Site by choosing to automatically populate the requested data fields with personal information you previously provided to a third-party social media platform (such as Facebook or Twitter). By doing this, you are asking the third-party platform to send us information, including personal information, from your profile on that platform. We treat that personal information as we do any other personal information you give to us when you register, log on, or enhance your profile.
- Automatically Collected Personal Information. BiggerPockets collects personal information that is sent to us automatically by your web browser or mobile device. The personal information we receive may depend on your browser or device settings. We automatically collect personal information using GPS technology, and with your opt-in consent, we may also collect precise, real-time location information from your mobile device. Your mobile device may allow you to adjust your settings so that location information is not available to any mobile website or application. If you have questions about the security and privacy settings of your mobile or tablet device, please refer to instructions from your mobile service provider or the manufacturer of your device.
- Personal Information Collected by Cookies and Other Tracking Technologies. We collect some personal information automatically using cookies or other online tracking technologies. If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit the Site, you may be unable to use all of the functionality of the Site if your browser rejects our cookies. Cookies let us collect personal information about the way users use the Site, which pages they visit, which links they use, and how long they stay on each page.
6. HOW WE USE PERSONAL INFORMATION
BiggerPockets’ primary purpose in collecting personal information is to provide the Content. BiggerPockets may also use personal information for various purposes, including without limitation:
- To provide the information, products, and services you request.
- To provide you with effective customer service.
- To provide you with a personalized experience when you use the Site.
- To contact you with information and notices related to your use of the Site.
- To contact you with special offers and other information we believe will be of interest to you (in accordance with any privacy preferences you have expressed to us).
- To invite you to participate in surveys and provide feedback to us (in accordance with any privacy preferences you have expressed to us).
- To improve the content, functionality, and usability of the Site.
- To support the features and functionality of the Site. For example, to save you the trouble of reentering information already in our database or to prompt the settings you established on previous visits.
- To help us improve the Site and make it more compatible with the technology used by our visitors.
- To detect intrusions into our network.
- To better understand your needs and interests.
- To improve our products and services.
- To improve our marketing and promotional efforts, including through use of targeted advertising.
- To keep the Site free by selling advertisements.
- For security, credit or fraud prevention purposes.
- For any other purpose identified in an applicable Privacy Notice, click-through agreement or other agreement between you and us.
- To contact you about our own and third parties' goods and services that may be of interest to you or that you may have requested information about.
- In any other way we may describe when you provide the information.
- To fulfill any other purpose for which you provide it.
- For any other purpose with your consent.
7. HOW WE SHARE PERSONAL INFORMATION
7.1. With Third–Party Vendors. BiggerPockets shares personal information collected through the Site with third-party vendors who act for us or on our behalf. For example, we may use third-party vendors to design and operate the Site; to conduct surveys; and to help us with our promotional efforts. These third-party vendors may need personal information about you to perform their functions. Additionally, we will share your personal information with third-party vendors when you request us to do so. For instance, you may request that we provide your personal information to hard money lenders so that you may receive information about offers and rates.
7.3. With Third-Party Social Media Platforms. We may provide functionality on the Site that allows you to automatically post personal information about the actions you take on the Site to a third-party social media platform (such as Facebook or Twitter). If you choose to take advantage of this functionality, people with access to your profile on the third-party platform may be able to see the actions you have taken—for example, the items you have purchased. Thus, you should have no expectation of privacy in those actions. Further, if you choose to link your profile on the Site with an account on a third-party social media platform, we may share the personal information in your profile with that third-party platform. We may share or provide some of your personal information, such as an email address, to third-party social media platforms so that we can identify you in order to engage with you on those platforms.
7.5. With Other, Carefully Selected Business Partners. From time to time, we may share your personal information with selected third parties for their own marketing purposes. For example, we may partner with third parties to sponsor contests or other promotions, and we may share with these third parties the personal information you submit to us to participate in the contest or take advantage of the promotion. Before doing so, however, we may offer you the opportunity to “opt out” or “opt in,” as required by applicable law.
7.9. As Described in a Privacy Notice or Click-Through Agreement. We reserve the right to disclose your personal information as described in any Privacy Notice posted on a page of the Site where you provide that personal information. By providing your personal information on that page you will be consenting to the disclosure of your personal information as described in that Privacy Notice. We also reserve the right to disclose your personal information as described in any click–through agreement to which you have agreed.
8. HOW WE PROTECT YOUR INFORMATION
BiggerPockets takes reasonable precautions to provide a level of security appropriate to the sensitivity of the personal information we collect. Although we use reasonable measures to help protect your personal information against unauthorized use or disclosure, we cannot guarantee the security of personal information provided over the Internet or stored in our databases. In the event that we are required by law to inform you of any unauthorized access or acquisition of your personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.
9. INFORMATION ABOUT THIRD-PARTY COOKIES
9.1. Third Party Cookies. In addition to the cookies BiggerPockets delivers to your computer or mobile device through the Site, certain third parties may deliver cookies to you for a variety of reasons. For example, we may use Google Analytics, including the following Google Analytics Advertising Features: Adsense, Adwords, Doubleclick, Remarketing. To learn more about Google Analytics, click here. Please note that the Google Analytics opt-out browser add-on does not prevent personal information from being sent to BiggerPockets.
9.2. Behavioral Based Advertising. Other third parties may also deliver cookies to your computer or mobile device for the purpose of tracking your online behaviors across non-affiliated websites and delivering targeted advertisements either on the Site or on other websites.
9.3. Mobile App Opt Out. The Website Opt Out described above only works on websites. To opt out of having participating entities track your behaviors for advertising purposes when you are using our mobile apps, download and use the Digital Advertising Alliance's "App Choices" app. As with the Website Opt Out, the "Mobile App Opt Out" prevents tracking only by participating entities.
9.4. Opt Out is Device Specific. Please note that the Website Opt Out and Mobile App Opt Out are device specific. If you wish to opt-out from having interest-based information collected by participating entities across all devices, you need to take the steps outlined above from each device.
10. OPTING OUT
In addition to the rights you have listed above, with respect to opting out of third party cookies, you also can make the following choices to opt out of certain activities regarding your personal information:
10.1. Promotional E-mails. You may choose to provide us with your e-mail address for the purpose of allowing us to send newsletters, surveys, offers, and other promotional materials, as well as targeted offers from third parties. You can stop receiving promotional e-mails by clicking the “unsubscribe” links in the e-mails or by contacting us as described below. If you decide not to receive promotional e-mails, we may still send you service-related communications, such as those about your account, to fulfill orders for products and service you have requested, or deliver notifications directly to you through the Site.
10.2. Do-Not-Track. Some web browsers and devices permit you to broadcast a “Do-Not-Track (“DNT”) preference. Because of the changing state of technology and indecision within the industry regarding the meaning of DNT signals, we currently do not make any guarantee that we will honor DNT signals.
11. YOUR CHOICES
11.1. In General. We respect your right to make choices about the ways we collect, use, and disclose your personal information. We may ask you to indicate your choices at the time and on the page where you provide your personal information. In other situations, and consistent with the Site’s purpose as a networking platform, we make certain assumptions about how you want your personal information shared with others. However, you can view and change certain default privacy settings at https://www.biggerpockets.com/settings. Otherwise, you can contact us as described below.
11.2. Access and Changes to Your Personal Information. If you would like to review, correct and update the personal information you have provided to us through the Site, you may be able to do so at https://www.biggerpockets.com/profile/basics. Otherwise, please contact us as described below. We will respond to your request within the time limit set out by the applicable privacy legislation. We will use reasonable efforts to comply with your request as required by applicable law.
11.3. Retention and Deletion of Personal Information. BiggerPockets retains the personal information collected on the Site as long as necessary to provide the services, products and information you request or as permitted by applicable law. You may, however, request that we delete your personal information by contacting us contacting us as described below. We will grant a request to delete information as required by law, but you should note that in many situations we must keep your personal information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes. Except as provided above, we will delete, aggregate, or de-identify all of your personal information as described in this subsection within the timeframes required by law.
12. RESIDENTS OF CALIFORNIA
The following applies residents of California:
12.1. Notice to California Residents. BiggerPockets must disclose whether the following categories of personal information are disclosed for a “business purpose” or “valuable consideration” as those terms are defined under California law. Note that while a category below may be marked, that does not necessarily mean that we have personal information in that category about you. In the preceding twelve months, we have disclosed the following categories of personal information in the manner described.
|Category||Personal Information is Disclosed for a Business Purpose||Personal Information is Disclosed for Valuable Consideration|
|A. Individual Identifiers and Demographic Information||Yes||No|
|B. Sensitive Personal Information|
|C. Geolocation Data||Yes||No|
|D. Biometric Information|
|E. Sensory Data|
|F. Commercial Information|
|G. Internet of Network Activity||Yes||No|
|H. Professional or Employment-Related Information|
|I. Education Information|
|J. Inferences Drawn from Personal Information||Yes||No|
12.2. Notice of Disclosure for Direct Marketing. Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with BiggerPockets are entitled to ask us for a notice describing what categories of personal information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with and will include a list of the third parties with which it is shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit your request to the address listed below.
13. EXERCISING YOUR PRIVACY RIGHTS
13.1. No Fee Usually Required. You will not have to pay a fee to access your personal information (or to exercise any of the other rights). However, we may charge a reasonable fee or decline to comply with your request if your request is clearly unfounded, repetitive, or excessive.
13.2. What We May Need from You. When exercising your rights or otherwise assisting you, we may need to request specific information from you to help us confirm your identity. This is a security measure to ensure we do not disclose personal information to any person who is not entitled to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
13.3. Time to Respond. We try to respond to all legitimate requests within 45 days of your request. Occasionally it may take us longer than 45 days to respond, for instance if your request is particularly complex or you have made a number of requests. In this case, we will notify you of the delay, and may continue to update you regarding the progress of our response.
13.4. No Discrimination. You will not be subject to discrimination as a result of exercising the rights described herein. In some cases, when you exercise one of your rights, we will be unable to comply with the request due to legal obligations or otherwise, or we will be unable to provide you certain products or services. These responses are not discrimination and our reasons for declining your request or ceasing services will be provided at that time.
13.5. Authorized Agent. You may designate an authorized agent to make a request on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s identification information, and the authorized agent’s identification information.
14. LINKS TO OTHER WEBSITES
15. THE SITE IS HOSTED ON SERVERS LOCATED IN THE UNITED STATES
16. CONTACT US
Attn: BiggerPockets Privacy Agent
3344 Walnut St.
Denver, CO 80205
Email: [email protected]