Privacy Policy

Last Revised: December 31, 2019

This website is owned and operated by LionDesk, LLC ("LionDesk", "us", or "we"). We understand that making purchases online involves a great deal of trust on your part. We take this trust very seriously, and make it our highest priority to ensure the security and confidentiality of the Personally Identifiable Information ("PII"), as defined in this Privacy Policy, that you provide us. LionDesk, LLC conducts business under various registered trade names including but not limited to LionDesk® and Realty LionTM. This LionDesk Privacy Policy (the "Privacy Policy") describes the principles and practices that apply to the PII collected from the users of our services ("you") via our website, telephone or email communications, contests, or other surveys and interactions.

This Privacy Policy applies to the website www.LionDesk.com and to any other LionDesk websites on which this Privacy Policy is posted.

Be sure to review our End User License Agreement (EULA).

I. Definitions

"Disclose" means to release, transfer, disseminate, or otherwise communicate all or any part of any record orally, in writing, or by electronic or any other means to any person or entity.

"Member" means an individual who has registered with the Website.

"Minor" means any individual under 18 years of age, or under the age of consent as defined under the laws of their jurisdiction or residence.

"Personally Identifiable Information" or "PII" means any recorded information about a specific individual whose identity may be inferred from the information. This information includes, for example, name, email and mailing address, phone number, account and billing information, and other information provided by a visitor to our website or incidental to providing the Services to you. PII does not include publicly available information from government records or de-identified or aggregated consumer information.

"Services" means, collectively, the Website, LionDesk software platform, LionDesk products, and any other service provided to you by LionDesk.

"Website" means www.LionDesk.com, as well as its subdomains and web pages, and any domestic or international-owned or managed website of LionDesk that may be accessed through it.

II. Consent

By submitting PII to us or our Website, and / or by visiting the Website or using the Services, you agree that we may collect, use, and Disclose such PII in accordance with this Privacy Policy and as permitted or required by law.

If you do not agree with these terms, do not provide any PII to LionDesk. If you choose to refuse to provide PII or if you withdraw your consent, we may not be able to provide you with Services normally offered by LionDesk.

III. Privacy of Minors

LionDesk does not sell or market products to Minors. Minors are not eligible to register with, use or purchase Services via the Website. We do not knowingly collect PII from any Minor, and will not deliberately use such information. By using the Website, you represent that you are not a Minor. If you believe we have stored PII on anyone under the age of 18, please contact us at support@liondesk.com and we will remove the Minor's PII from our servers.

If you provide PII regarding any third party, you must obtain consent prior to your disclosure of this information. By providing PII of any third party, you represent that you have all necessary authority and / or have obtained all necessary consents from such person to allow our collection of PII as set forth in this Privacy Policy.

IV. What Information We Collect

LionDesk only collects PII that you voluntarily provide to us, or that is incidental to your use of our Services. The information we collect helps us personalize and continually improve your experience with LionDesk, and assists us in providing for your real estate needs. Here are the types of information we gather:

• Information You Give Us: We receive and store any PII you enter on our Website or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future systems for you, improving our website and communicating with you. Such information may include:
  • Information you provide when you become a Member, such as your name, email address, telephone number, username, and password;
  • Service and purchase information, such as the specific LionDesk products and services you purchase;
  • Billing information, such as your payment card number, security code, and billing address;
  • Information you provide when you call or write to our Customer Service and other volunteered information.
• Automatic Information: We receive and store certain types of non-personally identifiable information whenever you interact with us. For example, like many websites, we use "cookies," and we obtain certain types of information when your Web browser accesses the website. Such information may include login information, browsing history, preferences, operating system, referring URLs, and other anonymous personalization information regarding your use of the Website. Please see "Cookies and Other Tracking Mechanisms" below for additional information.
• E-mail Communications: LionDesk may retain copies of your email correspondence with LionDesk, or if you have received and opened correspondence. When you send us an email correspondence, we collect your name, email address, and the contents of your email. We also compare our customer lists in an effort to avoid duplicative marketing.
• Information from Other Sources: We might receive information about you from other sources and add it to our account information. Such information may include when you visit sites on which we advertise, information collected on sites that we host for third parties, your social media account information if you login from the Website or interact with us on social media, and other content served by or on behalf of LionDesk on other websites.
• Your Use of the Services: If you have signed up to use the Services, we collect non-personally identifiable information regarding your use of the Services, including but not limited to the frequency with which you use the Services, your marketing strategies and targeted marketing regions, consumer response to your marketing strategies (including the number and location of consumer inquiries, listing contracts, and sales contracts), transaction history, and the number of contacts, emails, calls, and texts you have placed and received through the Service, in order to provide you with analytical data regarding your use of the Service.
• Incidental Information: LionDesk may collect information incidental to your visit of the Website or purchase of Services. Such information may include when you have visited the Website or when you registered as a Member.

V. How We Use Personally Identifiable Information

LionDesk uses your PII for the following business purposes:

• To provide the Services and features specifically requested by you;
• To issue invoices, administer accounts, and collect and process Service payments;
• To provide tips or guidance on how to use our Website, inform you of new features on our Website, or provide other information that may be of interest to you;
• To record your preferences and to personalize the service we provide to you, tailor your experience at our Website to your interests, and make more appropriate recommendations;
• To send you e-mails, e-newsletters, personalized offers via direct messaging, or other communications about our Services, if you have subscribed to receive this information or you have not advised us that you do not wish to receive such communications;
• To manage our Website, diagnose technical problems, improve content, and allocate the resources of our systems so that your experience with our website is as efficient as possible;
• To process and track your transactions;
• To send you targeted advertisements about our and our business affiliates' products and services, and other information and materials that may be of interest to you, and to track your response to measure its effectiveness;
• To send administrative communications regarding your account or changes to the Website or terms;
• To develop, enhance, market, sell or provide LionDesk Services, or those of companies with which we have a commercial relationship, but only if you have granted us permission to do so or we are otherwise able to do so under applicable law;
• To effect a corporate transaction in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business
• To audit compliance with or to enforce our policies and contractual obligations;
• As permitted by, and to comply with, any legal or regulatory requirements or provisions; or for any other purpose to which you consent.
• LionDesk does, at times, request credit card information, Membership ID, or national identification numbers to provide our Services. Any such information is kept and maintained in accordance with Section VII below.

We do not use your PII for automated decision making.

VI. Legal Basis for Processing Your PII

We are required to disclose to you the legal grounds for which we process your PII. Your PII is processed on any of the following legal grounds:

• Consent. We process your PII when you have provided consent, such as when you request that we send you information.
• Contract. We process your PII when entering into or performing our contract obligations under a contract with you, such as when we provide you LionDesk Services.
• Legitimate interests. We process your PII when reasonably necessary to protect or further our legitimate interests, including improving our Services, better understanding how users interact with our Website, sending information about new products and services to you, and diagnosing technical problems with our Website or Services.
• Legal obligation. We process your PII to comply with an applicable legal or regulatory obligation.
• Public task. We may process your PII if it is in the interest of the public for us to do so.

VII. To Whom We Disclose Personally Identifiable Information

Information about our customers is an important part of our business, and we are not in the business of selling it to others. LionDesk will only share your PII with our authorized service providers that perform services or functions on our behalf, as required by law, or as described below.

From time to time, we may Disclose PII as follows:

• To organizations that provide services for or on behalf of LionDesk. Examples include fulfilling orders, delivering packages and brochures, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), tracking Website analytics, processing credit card payments, and providing customer service. These parties have access only to the PII needed to perform their functions;
• LionDesk may collaborate with other companies via software and systems to offer additional products and services and to deliver targeted advertising to you, and may share PII to marketers of products and services which you have authorized. This Policy does not cover the use of your PII by these other companies. We encourage you to read a company's privacy policy before requesting any of its products or services;
• To protect our Website and our rights under our Terms of Use, to protect ourselves against liability or prevent fraudulent activity, when legally required or to comply with a court order or subpoena, or where it is necessary to permit us to pursue available remedies or limit any damages that we may sustain;
• To effect a corporate transaction, in connection with the sale, merger, spin-off or other corporate reorganization of our corporation, where the information is provided to the new controlling entity in regular course of business;
• Where the information is public; or
• To our insurers and to regulatory agencies.

VIII. How we retain Personally Identifiable Information

We will retain your PII in our databases in accordance with our records management policy and applicable laws. While this information may be periodically purged, the retention period may extend beyond the end of your relationship with us. We may also need to retain certain information to prevent fraudulent activity, to protect ourselves against liability, permit us to pursue available remedies or limit any damages that we may sustain, or if we believe in good faith that a law, regulation, rule or guideline requires it.

We retain your PII for as long as is reasonably necessary.

IX. Exportation of your PII

Your PII will be stored in secured locations and on servers controlled by LionDesk, located either at our offices in the United States or at the offices of service providers located in other countries. If you are not located in the United States or in a country where our service providers maintain servers, you should be aware that your PII may be exported to, stored, and processed in the United States and other countries whose data protection laws may not be as comprehensive as those of your country of residence. If you object to the exportation of your PII, you should not provide any PII to us.

X. Your Rights to Control the Use of Your Information

As discussed above, you can always choose not to provide PII. Guest browsing is available on the www.LionDesk.com Website, even though PII might be needed to make a purchase or to take advantage of certain LionDesk Services.

LionDesk provides you with choice and control over the collection and use of your PII, as well as a means of updating, correcting, or removing any PII stored in your customer profile. You have specific rights to in relation to the use of your PII:

Right to Access

You have a right to request access to the PII we store about you. You may access your PII at any time by sending a description of the information you would like to access and proof of your identity to us. If we are not prohibited by law, we will provide access to your PII within a reasonable time.

Right to Have PII Corrected

You may correct any inaccurate PII we maintain about you by correcting the information in your Member account or contacting us.

We are not responsible for the correction of your PII retained by third-parties. You must contact the third-party in order to update your PII.

Right to Have PII Deleted

You can also request to have your PII deleted by contacting us. However, you should be aware that we may not be able to continue to provide Services to you without maintaining some PII, such as your contact and payment information. If we are not prohibited by law from doing so, we will delete your PII within a reasonable time of receiving your request.

We are not responsible for the deletion of your PII retained by third-parties. You must contact the third-party in order to delete your PII.

Right to Restrict Use

You have the right to restrict the processing of some PII if you believe we are not legally permitted to use it by contacting us.

If we require your consent for certain uses of your PII, you have the right to withdraw your consent at any time by contacting us. You may opt-out of e-mail marketing from us by clicking the unsubscribe link contained in the e-mail communication.

Right to Object

You have the right to object to our use of your PII for direct marketing purposes or legitimate interests as described in this Privacy Policy by contacting us.

For emailed newsletters and promotional messages, you may adjust your marketing preferences by sending an e-mail to support@liondesk.com that includes your full name, e-mail address, and specify that you do not want to continue receiving either postal mail, email, or both. If you choose not to receive any of the promotional marketing services that LionDesk provides, then LionDesk will not send them to you.

Right to Portability

You have the right to receive the PII we collect about you in an acceptable format and to transmit that data to another organization.

If you wish to exercise any of the above rights, contact us at the contact information provided in section XVIII of this Privacy Policy or login to your Member account. If we are not legally prohibited from taking such action, we will complete your request within a reasonable time.

XI. Cookies and Other Tracking Mechanisms

We use cookies and other tracking mechanisms to track information about your use of our Website and our Services on our Website. We may combine this information with other PII we collect from you.

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Website, while others are used to enable a faster log-in process or to allow us to track your activities at our Website. There are two types of cookies: session and persistent cookies.

• Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the website. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Website.
• Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on's settings or visiting the website of its manufacturer. Visitors to our Website who disable cookies will be able to browse certain areas of the Website, but some features may not function

Local Storage Objects. We may use Flash Local Storage Objects ("Flash LSOs") to store your Website preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose "Global Storage Settings Panel" and follow the instructions. To see the Flash LSOs currently on your computer, choose "Website Storage Settings Panel" and follow the instructions to review and, if you choose, to delete any specific Flash LSO.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer's hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.

XII. Online Tracking and Behavioral Advertising

We may use third parties such as network advertisers to display advertisements on our websites and to assist us in determining relevant advertising and placement on third party websites. Network advertisers are third parties that display advertisements based on your visits to our website as well as other websites. This enables us and these third parties to target advertisements by displaying ads for products and services in which you might be interested. Third party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third party cookies and other technologies are governed by each third party's specific privacy policy, not this one. We may provide these third-party advertisers with information about your usage of our Website and our Services, as well as aggregate or non-personally identifiable information about visitors to our Website and users of our Services.

We do not honor browser requests not to be tracked. You may, however, opt-out of many third-party ad networks, including those operated by members of the Network Advertising Initiative ("NAI") and the Digital Advertising Alliance ("DAA"). For more information regarding this practice by NAI members and DAA members, and your choices regarding having this information used by these companies, including how to opt-out of third-party ad networks operated by NAI and DAA members, please visit their respective websites: www.networkadvertising.org/optout_nonppii.asp (NAI) and www.aboutads.info/choices (DAA).

Opting out of one or more NAI member or DAA member networks (many of which will be the same) only means that those members no longer will deliver targeted content or ads to you. It does not mean you will no longer receive any targeted content or ads on our Website or other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your NAI or DAA opt-out may no longer be effective. Additional information is available on NAI's and DAA's websites accessible by the above links.

XIII. Third Party Analytics

We use automated devices and applications, such as Google Analytics, to evaluate use of our Website. We use these tools to help us improve our Website, Services, performances, and user experiences. These third party services may use cookies and other tracking technologies to perform their services.

XIV. How We Protect Your Information

The security of your PII is important to us. To protect the confidentiality of your PII, LionDesk employs industry standard physical, administrative, and technical safeguards to help protect the confidentiality and integrity of the information and to reduce the risk of loss, misuse, unauthorized access disclosure or modification of PII.

However, you should know that no transmission of data over the internet is 100% secure. Although we do our best to protect your information, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk.

You are encouraged to keep your Member account password safe and confidential in order to help prevent against any unauthorized use of your Member account.

XV. Links to Other Sites

Our Website may link to other third-party websites. This Privacy Policy only applies to the use of our Website and our collection and use of your PII. We are not responsible for the information collection practices of other organizations that link to our Website, or to which our Websites links. You are encouraged to review the Privacy Policy of other websites prior to providing any PII./p>

We do not endorse any third-party websites to which our Website links. Use caution when visiting any third-party websites.

LionDesk's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

XVI. Changes to the Privacy Policy

By providing you with this Privacy Policy, LionDesk is pledging our continued commitment to protecting the information you provide us. LionDesk regularly examines our information privacy practices to determine whether we are adhering to the disclosures about the collection, use, sharing, and protection of your PII made in this privacy statement. We may change or supplement this Privacy Policy from time to time. We may also undergo a change of ownership. Privacy Policy changes will apply to the information collected from the date we post the revised Privacy Policy to the website, as well as to existing information held by us.

If we decide to change this policy in a material way, we will obtain the necessary consents required under applicable privacy laws if we seek to collect, use or disclose PII for purposes materially different than those to which consent has been obtained, unless otherwise required or permitted by law. If any proposed change is unacceptable to you, you may request that we remove your PII from our records, as described above.

XVII. Disputes

If you have questions or concerns regarding LionDesk privacy practices, you should first contact the Chief Privacy Officer. LionDesk will investigate and attempt to resolve complaints regarding violations of its published Privacy Policy directly with the complainant. In the event that the complaint cannot be resolved internally, the dispute shall be resolved in accordance with the applicable provisions of our Terms of Use.

XVIII. Terms of Use

Your use of the Website or Services is also governed by our Terms of Use. You should read it carefully.

XIX. Your California Privacy Rights

Certain laws require that we make additional disclosures regarding our collection and use of the PII of California residents. Please see our California Privacy Rights Statement for those disclosures.

XX. Nevada Residents' Privacy Rights

Pursuant to NRS § 603A et al, Nevada residents can submit a verified written request to LionDesk to opt-out of the sale of any of the residents' PII. LionDesk does not currently sell any PII in its possession, including the PII of Nevada residents.

XXI. Contact Information

If you have any questions or concerns about anything in this Privacy Policy, you may contact our Chief Privacy Officer via our Customer Service department as indicated below. We will attempt to respond to your questions or concerns promptly after we receive them.

Email: support@liondesk.com

Address:
LionDesk, Inc.
Attn: Chief Privacy Officer/Data Protection Officer
1530 Faraday Avenue, Suite 200
Carlsbad, CA 92008

XXII. Anti-Spam Texting Policy

SMS Spam, Mobile Spam, Text Messaging Spam... LionDesk is determined to keep it off of your mobile phone.

Our Policy. The LionDesk text messaging system allows only verified opt-in subscriptions. It ensures that all subscribers can opt-out quickly, easily, and permanently from unwanted SMS communications. This is done replying via your phone with the word 'STOP, REMOVE, OPT OUT or CANCEL'.

Our Definition of Spam. We consider any unsolicited, unexpected, or unwanted text message as Spam. We do NOT allow use of 3rd party lists, whether consent has been gathered or not. We believe that any type of communication sent to a subscriber about an unrelated subject, that the subscriber did not request, to be Spam.

LionDesk Anti-Spam Policy. LionDesk follows an ANTI-SPAM policy for all of its communications protocols. This means that we do not condone UNSOLICITED TEXT MESSAGES; NOTIFICATIONS; ALERTS; OR ANY MESSAGES THAT YOU MAY RECEIVE FROM SOMEONE WHO SHOULD NOT HAVE YOUR MOBILE NUMBER. Please let us know about any abuse, including the sender ID, your Mobile Number (to be removed); the date and time you received it and the contents of the message. To report any abuse or violations of inappropriate use of our service, please contact us with your comments/complaints. Your report will be registered and the Client will be investigated for violations of our Anti-Spam Policy. The identity of any individual reporting abuse will be kept confidential.

Anti-Spam Policy Enforcement. On our terms and conditions agreement, our Clients specifically agree NOT to use LionDesk to send unsolicited Text Messages or Spam. Upon incorporating a list Clients agree on the Opt-In only policy to their list. All Text Messages sent using LionDesk can be tracked and so removed from the sender list. We support OPT-OUT / REMOVE / UNSUBSCRIBE, Clients have the ability to remove mobile numbers. LionDesk maintains an OPT-OUT list that restricts our Clients from adding a mobile number to their list that has been previously Opted-Out, and a Global Block List. If we suspect a violation of our Anti-Spam policy, we will contact the Client and discuss the Client options, which may range from a warning, to termination of service for that Client. To the best of our knowledge, our system adheres to ALL state and national laws regarding sending unsolicited bulk / group text messages.

SPAM and ABUSE REPORT: OPT-OUT / REMOVE / UNSUBSCRIBE. If you wish to remove yourself from any list, please email us (at support@liondesk.com) with an "OPT-OUT", "UNSUBSCRIBE", "STOP" or "REMOVE" in the subject line. You also may reply to the text Message received by using any of the aforementioned keywords.

Please let us know about any abuse, including your Mobile Number, the date and time you received it and the contents of the message. You will be removed from that list and the Client will be restricted from adding your mobile number to their list in the future. Email us: support@liondesk.com.