PRIVACY POLICY
Home Down is strongly
committed to protecting customer’s personal and financial information that is
submitted by customers to us and we endeavor to safeguard it from unauthorized
use and disclosure. This Privacy Policy (“Policy”) discloses our privacy
practices and the potential uses of the information that we gather through the
Home Down website (“Website”) and any affiliated websites or mobile
applications (collectively, the “Home Down Network”). By using the Home Down
Network, you consent to the terms of this Policy. If you do not agree to the
terms and conditions of this Policy, including the use of your personally
identifiable information in any of the ways described in this Policy, you may
not be able to use certain features of the Home Down Network, and, in some
instances, this may necessitate the revocation of your membership. Home Down
may, in its sole discretion, update this Policy at any time. It is your
responsibility to review the Policy for changes each time you use the Home Down
Network. Use of the Home Down Network following posting of a new Policy
constitutes your agreement to and acceptance of the Policy as altered.
This Policy applies to
all of the products and services offered through the Home Down Network.
Information
Collected
Home Down collects information on its
customers and users in various ways, including by voluntary submission,
participation in services provided through the Home Down Network, from third
parties with customer and user consent, and through cookie and other tracking
technology. Home Down collects the following information:
"Personal Information" refers to
information that tells us specifically who you are, such as your name, phone
number, email, postal address, and possibly information relating to certain
support or customer service issues. In many cases, we need this information to
provide to you many of the services that you may have requested.
By providing a cellular telephone number
to us, you expressly consent to, and authorize us or a third party on our
behalf to deliver autodialed or prerecorded telemarketing calls and/or text
messages to the number you provide. You are not required to consent to these
calls as a condition to purchasing any goods or services, but withholding your
consent may prevent us from providing certain services to you. This consent
encompasses all future autodialed or prerecorded telemarketing calls and text
messages from us or a third party placing these calls on our behalf. You may
revoke consent to receive text messages at any time by contacting Home Down,
including by texting STOP.
We may collect general, non-personal,
statistical information about the use of the Home Down Network, such as how
many visitors visit a specific page on the website, how long they stay on that
page, and which hyperlinks, if any, they click on. This information represents
a generic overview of our users, including their collective viewing habits, and
allows us and other third parties to modify information, promotions, offers
and/or discounts on products and services based on user traffic and behavior.
We collect this information through the use of technologies such as 'cookies'
and web beacons, which are discussed in greater detail below. We collect this
information in order to help enhance the Home Down Network to make for a better
visitor experience.
We may supplement information you provide
to us with information from other sources, such as information to validate or
update your address, payment card or other demographic and lifestyle
information. We use this information to help us maintain the accuracy of the
information we collect, to enable us to fulfill our products and services, to
target our communications so that we can inform you of products, services and
offers that may be of interest, and for internal business analysis or other
business purposes consistent with our mission.
Home Down may automatically collect
non-personally identifiable information and data through the use of cookies.
Cookies are small text files a website uses to recognize repeat users,
facilitate the user's ongoing access to the website and facilitate the use of
the website. Cookies also allow a website to track usage behavior and compile
site usage information that will allow for the improvement of content and
target advertising. Most browsers allow you to control cookies, including
whether or not to accept them and how to remove them. You may set your browsers
to notify you if you receive a cookie, or you may choose to block cookies with
your browser. However, please be aware that some features of the Home Down Network
may not function or may be slower if you refuse cookies. You may also get
cookies from our advertisers or other third parties with links on our website
as described below. We do not directly control these cookies. The use of
advertising cookies sent by third party ad servers is standard in the Internet
industry.
We may use the services of third parties
to collect and use anonymous information about your visits to and interactions
with our website through the use of technologies such as cookies to personalize
advertisements for goods and services. To learn more, or to opt-out of
receiving online display advertisements tailored to your interests by our third
party partners, visit the Digital Advertising Alliance Consumer Choice Page at
http://www.aboutads.info/choices/.
- Other Tracking Technologies
Tracking technologies may record
information such as Internet domain and host names; protocol (IP) addresses;
browser software and operating system types; clickstream patterns; the MAC
address or other technical information from your mobile device; location
information through GPS, WiFi, Bluetooth, or similar technologies; and dates
and times that the Home Down Network is accessed. An IP address is a number
that is automatically assigned to your computer whenever you are surfing the
web. Web servers, the computers that 'serve up' webpages, automatically
identify your computer by its IP address. The Home Down Network may also use
technology called "tracer tags". These may also be referred to as
"Pixels", "Clear GIFs" or "Web Beacons". This
technology allows us to understand which pages you visit on the Home Down
Network and other ways you interact with the Home Down Network, such as
purchases made through the Home Down Network. These tracer tags are used to
help us to optimize and tailor the Home Down Network for you and other users of
the Home Down Network. We may link the information we record using tracking
technologies to Personal Information we collect.
Do
Not Track (DNT) is a privacy preference that users can set in some web
browsers, allowing users to opt out of tracking by websites and online
services. At the present time, the World Wide Web Consortium (W3C) has not yet
established universal standards for recognizable DNT signals and therefore,
Home Down and its website do not recognize DNT.
Use
of Information
Home Down uses the information it collects
in many ways, including:
- for internal review;
- to improve the Home Down Network;
- to optimize third-party offers of
products and/or services;
- to notify you about updates to the
Home Down Network;
- to let you know about products,
services, and promotions that you may be interested in;
- for our marketing purposes and the
marketing of discounts offered through the Home Down Network by service
contractors;
- to fulfill and provide products and
services, including personalized or enhanced services, requested by you;
- internal business analysis or other
business purposes consistent with our mission; and
- to carry out other purposes that are
disclosed to you and to which you consent.
Disclosures
and Transfers of Information
We disclose Personal Information to third
parties only when one or more of the following conditions is true:
- We have your
permission to make the disclosure;
- The
disclosure is necessary for the purpose for which the personal information
was obtained;
- The
disclosure is to financial service providers in order to fulfill and carry
out the purchase and provision of goods and services requested by you;
- The
disclosure is permitted by relevant law;
- The Personal
Information to be disclosed is otherwise publicly available in accordance
with applicable law;
- The
disclosure is reasonably related to the sale or other disposition of all
or part of our business or assets;
- The
disclosure is for our own marketing purposes (including, without
limitation, for Home Down to market services to you on third-party social
media platforms such as Facebook), or, with your authorization, for the
marketing purposes of third parties;
- The
disclosure is combined with information collected from other companies and
used to improve and personalize services, content, and advertising from us
or third parties;
- The party to
whom the disclosure is made controls, is controlled by, or is under common
control with Home Down;
- The
disclosure is in our sole discretion necessary for the establishment or
maintenance of legal claims or legal compliance, to satisfy any law,
regulation, subpoena or government request, or in connection with
litigation;
- The
disclosure is in our sole discretion about users who we believe are
engaged in illegal activities or are otherwise in violation of our Home Down
Terms and Conditions, even without a subpoena, warrant or court order; or
- The
disclosure is to outside businesses to perform certain services for us,
such as maintaining the Home Down Network, mailing lists, processing
orders and delivering products and services, sending postal mail,
processing claims for lost or stolen certificates, providing marketing
assistance, confirming your identity for review integrity, and data
analysis ("Administrative Service Providers"), including
Administrative Service Providers outside the country or jurisdiction in
which you reside.
Prior to sharing of your Personal
Information with others, agreements are made between Home Down and such outside
parties to whom we are transferring data to provide for the allowable use and
security of the transferred information in accordance with this Privacy Policy
and applicable law. If Home Down becomes aware that any such outside party is
improperly using or disclosing Personal Information, it will notify that
outside party and request that it take reasonable steps to cease such use or
disclosure.
We may provide certain Personal
Information as a service to others for their marketing purposes. If you
properly notify us that you no longer want us to share your Personal
Information, we will cease sharing your Personal Information. However, except
as otherwise stated in this Privacy Policy, we do not directly control the
third parties to which we share such Personal Information and you will need to
further notify such third parties directly if you would like them to cease use
of your Personal Information.
We may also disclose aggregate visitor
data in order to describe the use of the Home Down Network to our existing or
potential business partners or other third parties, or in response to a
government request. We may also share aggregated demographic and preference
data with third parties to enable the provision of targeted information,
promotions, offers and/or discounts on products and services.
Data Security, Integrity, and Access
The Personal Information you provide and
we collect is stored within databases that we control directly or through our
Administrative Service Providers. As we deem appropriate and as required by the
applicable law, we use security measures appropriate for the sensitivity of the
Personal Information and consistent with industry standards, including
physical, organizational and technological protections, such as firewalls, to
protect your Personal Information. We also use industry standard encryption
technology to protect credit card and password information. However, since no
security system is impenetrable, we cannot guarantee the security of our databases,
nor can we guarantee that information you supply will not be intercepted while
being transmitted to us over the Internet.
Personal Information may only be accessed
by persons within our organization, our third-party service providers who
require such access to provide you with the services indicated above, or any
other party that you have provided us with authorization to share such
information with.
We retain Personal Information that we
collect only as long as reasonably necessary to fulfill the purposes for which
it was collected or to otherwise meet any legal requirements.
Your information may be transferred to,
and maintained on, computers located outside of your state, province/territory,
or country where the privacy laws may not be as protective as those where you
live. If you are located outside the United States and choose to provide
information to us, please be aware that we transfer Personal Information to the
United States and process and store it there. As a result, this information may
be subject to access requests from governments, courts, law enforcement
officials and national security authorities in the United States according to
its laws. Subject to the applicable laws, we will use reasonable efforts to
ensure that appropriate protections are in place to maintain protections on the
Personal Information. By submitting your Personal Information, you consent to
having your personal data transferred to, processed, and stored in the United
States. Home Down may assign you a user ID and a password as part of your
participation and access to the Home Down Network. Your user ID and password
may only be used by you and the members of your household. You may not share
your user ID and password with anyone else, and you are solely responsible for
maintaining and protecting the confidentiality of your user ID and password.
You are fully responsible for all activities that occur under your user ID and
password. You can access and update your login information on your "Manage
My Accounts" webpage.
Credit Card Information
We may share credit card information with
trusted third parties in order to bill you for our services. We use third
parties for secure credit card transaction processing, and we send billing
information to those third parties to process your orders and payments or to
validate your credit card information on file. Credit card information is
encrypted during transmission and whenever stored within our systems or with
our vendors. In addition to utilizing encryption that meets the US Government’s
FIPS 140-2 Certification, we take care to store only the amount of information
required to bill you for services.
Our credit card processing vendors use
security measures to protect your information both during the transaction and
after it’s complete. Credit card processing vendors are certified as compliant
with multiple industry-standard compliance frameworks including the Payment
Card Industry (PCI) Service Provider Level 1, the SSAE-16 audit standard.
Third
Party Websites and Links
Please note that you may have cookies
placed on your computer by third party websites that refer you to our website.
Although we do not share your Personal Information with these third-party
websites unless you have authorized us to do so, they may be able to link
certain non-personally identifiable information we transfer to them with
Personal Information they previously collected from you. Please review the
privacy policies of each website you visit to better understand their privacy
practices. In addition, Home Down would like to inform you that anytime you
click on links (including advertising banners), which take you to third party
websites, you will be subject to the third parties' privacy policies. While we
support the protection of our customer's privacy on the Internet, Home Down
expressly disclaims any and all liability for the actions of third parties,
including but without limitation to actions relating to the use and/or
disclosure of Personal Information by third parties.
The Home Down Network may contain links to
other sites operated by third parties. Home Down does not control such other
sites and is not responsible for their content, their privacy policies, or
their use of Personal Information. Home Down’s inclusion of such links does
not, by itself, imply any endorsement of the content on such sites or of their
owners or operators except as disclosed on the Home Down Network. Any
information submitted by you directly to these third parties is subject to that
third party's privacy policy.
Children's
Privacy
Home Down does not intend the Home Down
Network to be used by individuals under the age of majority within the
jurisdiction within which they reside without the supervision of a parent or
guardian of majority age. Home Down relies upon such parents or guardians to
determine if the Home Down Network is appropriate for the viewing, access, or
participation by such individuals under the age of majority. If an individual
under the age of majority uses the Home Down Network, such individual may only
use the Home Down Network under the supervision of a parent or guardian of
majority age.
We do not seek or knowingly collect any
Personal Information about children under 13 years of age. If we become aware
that we have unknowingly collected Personal Information from a child under the
age of 13, we will make commercially reasonable efforts to delete such
information from our database.
If you are the parent or guardian of a
minor child who has provided us with Personal Information, you may contact us
using the information below to request it be deleted.
Governing
Law; Visitors Residing Outside the United States
This Privacy Policy and the privacy
practices of Home Down will be subject exclusively to the laws of the states in
which Home Down provides its services.
Your
California Privacy Rights
This privacy policy describes how we may
share your information for marketing purposes. It applies to all Home Down
customers, including California residents:
- We share
information with others as more fully set forth above in Disclosures
and Transfers of Information.
- We share your
information with other parts of our business and with our service
providers. See above: Disclosures and Transfers of Information.
You may contact us with any questions, or
to request a list of third parties to whom we may disclose information for
marketing purposes and the categories of information we may disclose. See
below: How to Contact us.
How
To Contact us
All
requests, questions, concerns, or complaints about your Personal Information or
this Privacy Policy, please contact our Privacy Officer by mail or email at the
following:
Attn: Privacy Officer
Home Down
7280 NW 87th Terrace
Suite 210
Kansas City, MO 64152
E-mail:
privacyofficer@HomeDown.com
We
welcome your questions and comments.
PUBLICATION
AND DISTRIBUTION OF CONTENT
Home Down does not guarantee the accuracy,
integrity, quality or appropriateness of any information transmitted to or
through the Home Down Network. You acknowledge that Home Down simply acts as a
passive conduit and an interactive computer service provider for the
publication and distribution of content posted by member specialists. You
understand that the information posted on the Home Down Network is the sole
responsibility of the person from whom such information originated. You
understand that Home Down does not control and is not responsible for
information made available through the Home Down Network, and that by using the
Home Down Network, you may be exposed to information that is inaccurate, misleading,
or offensive. You agree that you must evaluate and make your own judgment, and
bear all risks associated with, the use of any information on the Home Down
Network.
SERVICE PROVIDERS
All of the specialist
information displayed on the Home Down Network has been provided by such specialists,
and Home Down does not undertake any steps to verify such information. Home Down
is not responsible or liable for any content, contractor content, promotions,
data, advertising, products, goods or services available or unavailable from,
or through, any specialist. Home Down does not endorse, examine the
credentials of or perform background checks on any specialists (or their
employees) listed on the Home Down Network or whom you may book using the Home
Down Network. Home Down makes no guarantees, warranties or representations
regarding the skill or undertakings of any specialist or the outcome or quality
of the job that he or she may perform for you if you elect to retain their
services. You agree that should you use or rely on any content, contractor
content, promotions, data, advertisement, products, goods or services,
available or unavailable from, or through any specialist, Home Down is not
responsible or liable, indirectly or directly, for any damage or loss caused or
alleged to be caused by or in connection with such use or reliance. Your
dealings with, or participation in promotions of any specialist, and any other
terms, conditions, representations or warranties associated with such dealings,
are between you and such specialist exclusively and do not involve Home Down.
You should make whatever investigation or other research that you deem
necessary or appropriate before hiring or engaging a specialist. It is upon
you to evaluate the specialists, their qualifications and services.
Specialists are not employees or agent of Home Down, and Home Down is not an
agent of any specialist.
You agree that Home Down
is not responsible for the accessibility or unavailability of any specialist or
for your interactions and dealings with any specialist, waive the right to
bring or assert any claim against Home Down relating to any interactions or
dealings with any specialist, and release Home Down from any and all liability
for or relating to any interactions or dealings with any specialist.
LIMITATION OF LIABILITY
HOME DOWN IS NOT AND WILL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
COMPENSATORY, ECONOMIC, NON-ECONOMIC, CONSEQUENTIAL OR EXEMPLARY DAMAGES
RESULTING FROM (1) THE USE OR INABILITY TO USE THE HOME DOWN NETWORK; (2) THE
COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE
OF THE HOME DOWN NETWORK; (3) DISCLOSURE OF, UNAUTHORIZED ACCES TO OR
ALTERATION OF YOUR INFORMATION OR CONTENT; (4) CONTENT YOU SUBMIT, RECEIVE,
ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE HOME DOWN NETWORK; (5) ANY
OTHER MATTER RELATING TO THE HOME DOWN NETWORK; (6) ANY BREACH OF THESE TERMS
AND CONDITIONS BY HOME DOWN OR THE FAILURE OF HOME DOWN TO PROVIDE THE SERVICES
OR (7) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SPECIALIST (OR ANY
OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE
FULLEST EXTENT PERMITTED BY LAW.
ANY SERVICES ARRANGED
THROUGH THE HOME DOWN NETWORK ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. HOME DOWN ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OF
SERVICES ARRANGED THROUGHT THE HOME DOWN NETWORK. HOME DOWN EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULARE PURPOSE OR ANY WARRANTY THAT (A) THE SPECIALIST SERVICES WILL MEET
YOUR REQUIREMENTS, (B) THE SPECIALIST SERVICES WILL BE UNINTERRRUPTED, TIMELY,
SECURE OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SPECIALIST SERVICES WILL BE ACCURATE OR RELIABLE, (D) ANY CONTENT OR
INFORMATION YOU PROVIDE OR HOME DOWN COLLECTS WILL NOT BE DISCLOSED OR € ANY
ERRORS IN ANY SPECIALST SERVICES WILL BE CORRECTED. YOU USE THE HOME DOWN
NETWORK AT YOUR OWN RISK.
MODIFICATION OF TERMS AND
CONDITIONS
Home Down reserves the
right to modify and/or restate within its sole discretion these Terms and
Conditions whenever it so chooses. Such modification and/or restatement shall
be effective immediately upon posting on the Website. Home Down will note the
date of the last update on the first page of each version of the Terms and
Conditions. You are responsible for regularly reviewing the Terms and
Conditions. Your continued use of the Home Down Network after such
modification will be deemed to be your acceptance of all modifications to the
Terms and Conditions. If you are dissatisfied with any modification and/or
restatement, your sole recourse is to discontinue use of the Home Down Network.