This Brixbid Privacy Policy (the “Privacy Policy”) describes Brixbid Inc. privacy practices related to its website located at www.Brixbid.com . That website, including the rental property auction platform (the “Auction Platform”) and all other features and services offered by Brixbid Inc. (referred to as “Brixbid”, “Company”, “us” or “we”) on such website, are collectively referred to in this Privacy Policy as the “Website”. All other capitalized terms used herein are defined below.
Please note: The Website is currently offered under a beta license. Accordingly, changes to the Website, the Auction platform and Company’s privacy practices are likely to occur. You are encouraged to check this Privacy Policy whenever you visit the Website in order to confirm that the terms are acceptable to you.
1. Who this Privacy Policy applies to and changes to this Privacy Policy
This Privacy Policy applies to all users and visitors of the Website including all renters, prospective renters, guarantors, co-lessees, and landlords who use or otherwise visit the Website. All users and visitors are referred to in this Privacy Policy as “user”, “you” and, as applicable, “guarantor”, “co-lessee”, “Renter” and “Landlord”.
We will amend this Privacy Policy as we deem appropriate to reflect changes to our privacy practices. When we make changes, we will post the revised Privacy Policy on our Website and include the date at the bottom when it was last revised. Accordingly, we recommend that you regularly check this Privacy Policy before using the Website.
Your continued use of the Website after any changes have been made to this Privacy Policy constitutes your acceptance of the new Privacy Policy.
If at any time you do not agree to all terms and practices described in this Privacy Policy (or the applicable Terms of Use – Renter or Terms of Use – Landlord) you must cease all use of the Website and you must cease visiting the Website.
By using or visiting our Website, you are agreeing to all terms and practices described in this Privacy Policy.
2. Information that we collect because you provide it to us
(1) Information Supplied when Setting up an Account on the Website
We request and gather information from you when you sign up for an account (a “Renter’s Account” and/or a “Landlord’s Account”) on the Website. If you wish to bid on a Property, you will be required to provide additional information associated with your bid. Much of the information that we gather from you is personal information.
If you are a Renter or prospective Renter setting up a Renter’s Account, you are asked to provide:
· your name,
· your email address, and
· a password selected by you.
If you are a Landlord setting up a Landlord’s Account, you are asked to provide your name, and your company’s name, address, phone number and email address.
When you set up a Renter’s Account or a Landlord’s Account you are asked to select a password to be used by you for purposes of accessing your account.
In lieu of providing the foregoing information, the Website may allow you to establish a Renter’s Account using your Facebook login information. For the avoidance of doubt, if you use your Facebook login information, you will have to provide additional information to Company (as described below) in order to bid on a Property .
(2) Information Supplied when a Renter Bids on a Property
If you wish to bid on a Property, you must provide:
· Your credit card information in order to pay the Auction Deposit (described in the Renter and User Terms and Conditions) and your credit and background checks,
· The billing address associated with your credit card, and
· Your agreement and permission for Company to run the credit and background checks, if you are the “Highest Bidder”(defined below) for a Property.
The foregoing information is required in order to bid on a Property. If you do not wish to provide such information, you will not be able to bid on a Property.
If you are the “Highest Bidder” i.e. if your bid is deemed to be the highest bid for a Property (as further described in the “Renter Terms Of Use”) or if you selected the rent now option for such Property) we will use the foregoing information to process a credit and background checks on you.
In addition, if you will have a guarantor and/or one or more co-lessees, you must also provide:
· The name and email address of, as applicable, the guarantor and each co-lessee,
· Confirmation that each guarantor and co-lessee has agreed to be a guarantor and/or co-lessee (as applicable) and has acknowledged that each will be subject to, and required to pay for, a credit and background checks if you are the Highest Bidder.
If you are the Highest Bidder and you have a guarantor and/or one or more co-lessees, we will use the contact information that you provided in order to contact your guarantor and your co-lessees.
(3) Information supplied by you if you are the Highest Bidder on a Property, or if you are the guarantor or co-lessee of the Highest Bidder
If you are the Highest Bidder, you will receive an email notifying you that you are the Highest Bidder. The email (referred to as a “Highest Bidder Notification”) will include a link requiring that you do or provide the following:
· Confirm your address,
· Provide your social security number,
· Provide your date of birth,
· Provide your telephone number, and
· Provide proof of income.
Proof of income may include (but is not limited to) a recent bank statement, recent pay stub, letter from your employer verifying employment, or (if you are a student) a letter setting forth your financial aid. As the Highest Bidder, you may submit any and all documentation demonstrating the lawful means by which you support yourself and/or any dependents.
In addition, the Highest Bidder Notification will also be sent simultaneously to all individual(s) (if any) that the Highest Bidder has designated as a guarantor and/or co-lessee.
If you are the Highest Bidder’s guarantor or co-lessee you must complete and provide the following via the link provided in the Highest Bidder Notification:
· Create an account by providing your name, account name, email address and zip code and by creating a password (for use
on the Website),
· Provide your credit card information in order to pay for the credit, criminal and eviction background check to be
performed on you,
· Provide your email address and billing address associated with your credit card,
· Provide your social security number,
· Provide your date of birth,
· Provide your telephone number,
· Provide proof of income, and
· Confirm your agreement and authorization for Company to perform the credit and background checks.
If you are the Highest Bidder, the fee for performing the credit and background checks on you will automatically be charged to your credit card on file. In addition, if you are the Highest Bidder, all other bids submitted by you for other active property auctions shall be automatically and immediately withdrawn from all such other auctions.
If you are the Highest Bidder’s guarantor or co-lessee, the fee for performing the credit and background checks on you will automatically be charged to your credit card.
(4) Communications
If you call, email or write to us, or if you otherwise engage in any form of communication with us, we may ask for account information and other information related to the purposes of your communication. Depending on the nature of the communication, you may provide personal information to us. We retain records of our communications with you.
If allowed by law, we may record phone conversations with you. Such recordings may be used for purposes of managing your account, improving our services and resolving disputes.
3. Other information that we collect from your use of the Website
We collect information about your use of the Website including information about your navigation on the Website, your visits to the Website (including when you visited and the duration of your visits) and the technology you use to visit our Website.
We use the following methods to collect information about your use of the Website:
(1) Cookies
Cookies are pieces of data that a website transfers to your computer’s hard drive for record-keeping purposes. We use cookies on our Website to identify you as an account holder, to make it easier to view listings when you return to our Website and for other legitimate purposes. A list of the cookies that we currently use is available here.
Cookies remain in the user’s web browser after the user closes the browser. If, however, the user clears all cookies, all such cookies will be deleted.
The cookies above are first-party cookies (placed by us). Third-party cookies (cookies placed by third parties) may be used if you visit third party websites. We do not manage or control third-party cookies. In order to understand the cookie policies of such third parties, you should visit the third party’s website and/or contact the third party.
Your browser may allow you to view cookies and block, disable or limit cookies. If you elect to block, disable or limit cookies used by our Website, certain features and services made available on our Website may not function properly.
If you have further questions regarding cookies, please contact us at Privacy@Brixbid.com .
(2) Device and location information
We collect information regarding your location and the locations where you search for rental properties. We may also collect information regarding the type of device(s) you use to access or use our Website. We may collect other information and data based on your usage.
(3) Google Analytics
We use Google Analytics on our Website. Google Analytics provides additional information and data related to you, your device and your computer browser and your use of, and activity on, our Website. For information regarding Google’s privacy practices please visit Google’s site.
All information and data collected by us may be used for purposes of monitoring usage of our Website and for purposes of improving our Website and service offerings.
4. Credit and background checks
A credit and background checks is required of each Highest Bidder (and the Highest Bidder’s co-lessees and guarantor (if any) in order to rent a Property. The credit, eviction and criminal background check is performed by a third party provider (currently SmartMove which is owned by TransUnion). In order to run the credit and background checks, the third party provider requires that the individual on whom the credit and background checks will be performed provide their name, address, date of birth and social security number and their agreement and authorization to have the credit and background checks performed. The Highest Bidder and guarantor and each co-lessee (if any) provide the foregoing information via the link included in the Highest Bidder Notification email.
Once the applicable credit and background check(s) are performed, the third party provider sends a report of the same to Company. nbsp; Prior to accessing any credit and background checks, every Landlord must certify that the Landlord has a legitimate business need for such data in connection with the leasing transaction and affirm that the Landlord will not use the data for any purpose other than the leasing transaction. Company makes a copy of such background check report available to the Landlord for up to 48 hours. After 48 hours the background check report is deleted from Company’s system as required under U.S. law. Upon accessing a credit and background checks, the Landlord is required to certify that after reviewing such data it will destroy and erase any electronic files or media containing the the credit and background checks so that it cannot be read or reconstructed. The report will, however, remain available on the third party provider’s site for thirty (30) days. If you are the Highest Bidder but the Landlord rejects your bid, you may use the existing Credit and background check(s) within such thirty (30) day period for purposes of bidding in another Property auction on our Website. If you are the Highest Bidder in any other auction on our Website within such thirty (30) day period, you will not be required to purchase a new background check report. Your guarantor and co-lessees (if any) also will not be required to purchase a new check (within such thirty (30) day period). After the thirty (30) day period, the credit, eviction and background check that was performed on you and your guarantor and co-lessees (if any) may no longer be used for purposes of a property auction. If you are the Highest Bidder in an auction after such thirty (30) day period, you (and your guarantor and co-lessees) will be charged a fee in order to run a new credit, eviction and criminal background check.
Note: if a landlord rejects your bid due to your credit, criminal and eviction background check or the credit, criminal and eviction background check of your guarantor and/or any co-lessee, such report will be available to the subject individual (the Highest Bidder, guarantor or co-lessee, as applicable) for at least sixty (60) days following such rejection.
5. How we use the information that we collect
We use the information that we collect (a) in order to allow you to view, bid and potentially win Property auctions, and (b) in order to otherwise deliver the services and features made available on the Website.
If you bid on a Property, your credit card and other information is used to pay the Auction Deposit and to allow you to participate in the auction.
If you are the Highest Bidder in a Property auction, your social security number and other information is used to complete the credit, eviction and criminal background check, and to complete the other requirements necessary to win the Property rental.
If you are the Highest Bidder and, after receiving the credit and background check(s), proofs of income and other information from you and your guarantor and co-lessee(s) (if any), the Landlord accepts your bid, you will be deemed to be the “Winning Renter”. If you are the Winning Renter, we will use your account information and the information from your winning bid to populate the rental agreement to be used between you and the Landlord and to otherwise enable you to complete the rental transaction with the Landlord. The Landlord may use this information to complete any disclosures, riders, or addenda to the Lease Agreement.
We may offer features, services and/or functionality that we believe may be of interest to you. If so, we will use any reasonable means to communicate with you based on the information that you have provided to us. You may opt out of receiving such communications by using the opt-out process described in such communication (typically at the bottom of such communication).
In addition to the foregoing, we may use information that we collect in order to:
· deliver other services to you that you have requested;
· operate, improve and personalize our Website and offerings;
· contact you about your account, our Website and/or other services offered by us;
· troubleshoot problems; and
· detect, prevent and mitigate suspected breaches of the Terms and Conditions and suspected fraudulent or illegal activities.
6. When we provide your information to others
(1) Third party providers delivering a service that is included in the Auction Platform and/or Website
Generally, we provide your information to others in order to offer and operate the Auction Platform, Website and the various services described on the Auction Platform or Website.
We use third party service providers to (a) host, develop, maintain and optimize the Website, (b) provide data storage services, (c) perform a credit, eviction and criminal background check, (d) process credit cards (as further described below), and (e) provide other services that allow us to offer, manage and improve the Website. It may be necessary or appropriate for us to share some of your information including personal information to third party service providers to allow such providers to perform their services. Except as otherwise provided in this Privacy Policy, we will not share your personal information with third party service providers for their independent use unless either: (i) you have consented; (ii) it is required in order for us to comply with the law (for example, to comply with a subpoena or court order, or to protect our rights); (iii) it is reasonably necessary to address security breaches or a threat to our Website, other emergency or any act of God; (iv) the third party service provider has represented that they only use such information in an aggregated and/or anonymized form in compliance with applicable laws; or (v) it is reasonably necessary to address a dispute or claim.
When bidding on a property or completing the credit and background checks, you are required to provide your credit card information. We use Authorize.net, a third party credit card processing company, to process your credit card information. Information regarding Authorize.net’s privacy practices and other terms may be found at http://www.authorize.net .
As described in Section 4 above , if you are the Highest Bidder, the information that you provided to bid on the Property will be provided to SmartMove (TransUnion.), a third party party credit and background check provider, in order to run the background check. If you are the Highest Bidder and you listed a guarantor and/or one or more co-lessee(s), the information provided by each of them will also be provided to the third party background check provider in order to run a background check on each such individual.
Once the credit and background check(s) have been run, we deliver your bid together with the results of the background check(s) and proof of income (submitted by you and your guarantor and co-lessees, if any) to the Landlord for their review. Note: the credit check results are provided to the Landlord as a range – not a single credit score number.
If the Landlord accepts your bid and the background check(s) and proof of income, you will be deemed to be the Winning Bidder and you will be provided a copy of the lease agreement including all riders required by the Landlord (collectively, the “Residential Lease Agreement”) for digital signature by you and the landlord . We provide your contact information when Lease Agreement is fully executed. The Landlord’s contact information will also appear in the Residential Lease Agreement when fully executed.
(2) Third party providers delivering a service that is unrelated to the Auction Platform
We may enter into arrangements with third party providers that offer features, services or functionality that is separate from the Auction Platform that we believe may be of interest to you.
For example: We may enter into arrangements with third party renters insurance providers, moving services providers, cleaning services providers, and other providers that may be of interest to Renters. We may enter into arrangements with third party property management companies, third party realtors and brokers, and other providers that may be of interest to Landlords.
You will have the option of opting out of receiving communications from us that include such third party communications that are unrelated to the Auction Platform.
If you have any further questions regarding our use of third party providers, please contact us at privacy@Brixbid.com.
(3) When we have a duty to disclose
We may disclose information, including personal information, to comply with a subpoena or other legal order or request, to comply with applicable law, for fraud and other crime investigation and prevention purposes, to collect any fees owed, to resolve disputes, to troubleshoot problems, to assist with any investigation, to enforce the applicable Renter Terms and Conditions/Landlord Terms and Conditions and/or to take other actions permitted by law.
(4) Disclosure as part of a sale, purchase or other transaction involving Company
If Company is acquired by, merged with or otherwise assigned in whole or in part to a third party, the information and data retained by Company may be deemed part of its assets and obtained by the third party. Except as described in this Privacy Policy, we do not otherwise sell or rent your personal information to third parties.
7. You can edit your contact information in your Renter Account and/or Landlord Account
You can review and edit the contact information that you provided in your Renter Account or Landlord Account when you log in to such account. If you have any trouble viewing or updating your information in your account, please email us at support@Brixbid.com .
As further described in the Renters Terms of Use , any account holder may terminate their Renter Account and/or Landlord Account. If your account is terminated, your user name and password will no longer work and your account information will no longer be available to you via the Website. We retain copies of your account information for record-keeping, legal and accounting purposes.
8. Children
Our Website is not designed to appeal to children and children are not permitted users of our Website. We do not knowingly receive or solicit, or attempt to receive or solicit, any information from or about children.
9. This Privacy Policy only applies to Company
This Privacy Policy only addresses Company’s privacy policies. If you grant access to your information to third parties (including other users), their privacy notices and practices will apply – not Company’s. Third parties such as Docusign and Houserie each have their own privacy policies and other terms and conditions that apply to use of their websites and services. We encourage you to evaluate the privacy and security policies of all third parties before you grant access to your information to such third parties.
Disclaimer: We are not responsible or liable for the privacy practices, acts or omissions of any third party (subject to applicable law).
10. Facebook Login
If you elect to sign up for a Renter’s Account using Facebook’s login credentials, you acknowledge and agree that you are subject to Facebook’s policies, and all other terms and conditions imposed by Facebook on you.
11. Password, Storage and Security
Your account information is protected by a password selected by you. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure. You should always sign out of your account each time you are done visiting our Website.
Your account information (name and email address) is stored for as long as you hold an account on Brixbid. If you or we terminate your account, we may continue to retain your account information for record-keeping and other legitimate purposes as appropriate.
If you bid on a Property, your address, date of birth, phone number and proof of income provided by you are associated with your account and stored by Brixbid. The address, date of birth, phone number and proof of income of your guarantor and co-lessees (as provided by your guarantor and co-lessees, if any) are associated with their accounts and stored by Brixbid. Your proof of income is deleted within a reasonable period of time (typically between 30 and 90 days) after it is submitted to our Platform. Brixbid associates your address, date of birth and phone number with your account information and retains such information while you have an account. Company complies with industry standards for data security. It strives to use the highest commercially available industry standard security procedures where reasonable and applicable.
As mentioned above, Company uses a third party credit card processor ( Authorize.net) to process credit card information. When the user inputs their credit card information where prompted by the Auction Platform, Company encrypts and transmits such information to Authorize.net. Company does not retain a copy of such information except for the last four digits and the expiration date of the credit card which Company uses for purchases on the Auction Platform or Website for 30 days. The user’s full credit card information is stored on Authorize.net’s Custom Information Manager. Information about Authorize.net’s security and compliance practices is available at the following website: http://www.authorize.net/solutions/merchantsolutions/merchantservices/security/ .
If you are the Highest Bidder or the guarantor or co-lessee of a Highest Bidder, you must provide your social security number (via the link provided to you in the Highest Bidder Notification) in order to complete the credit and background check process. As described in Section 4 above , the credit and background checks is performed by a third party service provider (SmartMove). Your social security number is stored encrypted by Company for up to 72 hours during which time it is provided to the credit, eviction and background check provider. After it is provided to the background check provider, Company encrypts and retains for up to 30 days the last four digits of your social security number. The credit and background check provided to the Landlord will not include your full social security number.
Your social security number is encrypted and only made available by Company in decrypted form when either viewed or securely (via SSL) passed to authorized 3rd party partners only when absolutely necessary for purposes of delivering services.
When Brixbid requests your sensitive personal information (e.g. credit card information, birthdate or social security number), we use SSL to transmit such information to authorized third party providers and we encrypt such information (when in transit and when stored by us). Otherwise, information communicated to us via email, phone, chat (if available) or otherwise, is encrypted when in transit but is not encrypted at rest and is not transmitted to third parties using SSL.
Company is PCI-DSS compliant, adhering to stringent industry security standards and subject to regular server vulnerability security scans.
The foregoing said, please note: No method of transmission over the Internet or otherwise, and no method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
If you have any further questions about our security measures, please email us at security@brixbid.com.
12. Your Right to Request the Deletion of Personal Information We Have Collected
Upon receiving a deletion request with respect to Brixbid Sites, Brixbid will delete the personal information we have collected about you, except for where we have a legitimate business purpose to retain such information, or situations where specific information is necessary for us to: provide you with a good or service that you requested, perform a contract we entered into with you, maintain the functionality or security of our systems, or comply with or exercise rights provided by the law.
To exercise any of the rights above, or to ask a question, please email us at privacy@brixbid.com or write us at Brixbid Inc., 43 Purchase St, Suite 2, Rye, NY 10580. All requests will be responded to within 30 days.
13. If you have any comments or questions
If you have any comments or questions about this Privacy Policy, please email us at privacy@Brixbid.com or write us at Brixbid Inc, 43 Purchase St, 2nd Floor, Rye, NY 10580
This policy was last updated the 19 day of January, 2022.