Privacy Policy

Last Updated: May 5, 2023

Tres Holdings LLC, a Utah limited liability company, including its affiliates or related entities (“Company”, “we”, “us”, or “our”), is committed to protecting the privacy of Personal Information and data we process as a data controller or covered business in the normal course of our business and provision of our Services. This Privacy Policy & Notice (“Privacy Policy”) applies to your interaction with the Company and explains what Personal Information we process, how we process it, the parties with whom we may share Personal Information, and the purposes of our processing activities.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE OR PURCHASING OUR SERVICES OR SOLUTIONS.

ABOUT OUR BUSINESS AND SERVICES.

We deliver an online and mobile application experience through which potential home buyers may browse homes, schedule tours, and interact with brokers and agents all in one convenient location—all to make the home purchasing process more accessible to you (our “Services”). When you visit our Online Platforms or conduct business transactions directly with us to access our Services online or through written agreements with us, we are generally the controller of Personal Information we collect, and we will use and process it in accordance with this Privacy Policy.

1. INFORMATION WE COLLECT AND HOW WE COLLECT THE INFORMATION.

The information we collect depends on how you interact with us. We collect information about you when you visit or register to use our website (eshowing.com) or mobile application (collectively, our “Online Platforms”), or when you conduct business transactions with us through the Online Platforms.

1.1 Information collected when using the Online Platforms. We may collect the following “Personal Information” about you when you use our Online Platforms:

Identifiers: Your name, login credentials if you register an account on the Online Platforms, Internet Protocol (IP) address, and contact information (including phone number, e-mail address, and home address).
Characteristics and Descriptions: Content such as messages, comments, photos, videos, social media type posts, and other information or feedback submitted by you, at your election, through the Online Platforms (if any).
Internet or other Network Activity: Information about the device you use to access the Services, including operating system, web browser type, traffic logs, and mobile network information.
Device Data: Information about the language or country configuration of the device you use to access the Online Platforms.
Commercial Information (in limited scenarios): Payment card information, including credit or debit card information, that you voluntarily provide through the Online Platforms when making an order for Services.

In general, we collect this information directly from you, or automatically from you and your device, when you use the Online Platforms.

1.2 Information collected when you conduct business transactions with the Company. We may collect the following Personal Information about you when you conduct business transactions directly with the Company through the Online Platforms or through written agreements, including to purchase our Services: Identifiers and Commercial Information (including payment card information, if you voluntarily provide it to us). In general, we collect this information directly from you to sell and deliver access to our Services.

YOU ARE NOT REQUIRED TO PROVIDE PERSONAL INFORMATION TO THE COMPANY. However, if you do not provide us with Personal Information, you may not be able to use certain features of the Online Platforms (including account registration and booking of house tours) or engage in online business transactions with us to use our Services. We may also collect non-identifying or aggregated information in the form of marketing surveys, survey responses, demographic information, and information about your use of the Services and Online Platforms. Your participation in any surveys we conduct is voluntary and will be evident through the survey or other link we provide at that time.

WE GENERALLY DO NOT COLLECT INFORMATION THAT IS CONSIDERED SENSITIVE UNDER DATA PROTECTION LAWS, such as a social security number (or other government issued identification number), driver’s license number, racial or ethnic origin information, biometric data, health information, or exact geolocation data. If we receive sensitive information from you, we will generally delete it upon becoming aware of the disclosure. Please notify us, at the contact information disclosed below, if you believe any of your sensitive information has been transmitted or disclosed to us. We are not responsible for any geolocation data and tracking that might be enabled through your device preferences when accessing the Online Platforms.

2. PURPOSES FOR WHICH WE MAY USE YOUR INFORMATION.

We collect, use, and process your Personal Information and non-personal information to pursue our legitimate interests, perform contractual obligations with you, and market and deliver our Services, including to:

Operate, maintain, and provide features of the Online Platforms.
Perform our contractual obligations with our clients, including to deliver our Services or other business solutions.
Process and review orders or requests for our Services.
Contact users of the Online Platforms and customers to provide customer support after such users and customers voluntarily contact us.
Conduct surveys for our own internal or marketing purposes.
Comply with legal obligations and prevent illegal activity, fraud, or abuse.
Enforce or defend the intellectual property and other rights underlying our Services if we detect misuse of those rights.
Provide you with advertising or other marketing notices concerning offerings of our Services or related products from similar brokerage and real estate parties.
Share your information, including contact details, with the brokers or agents who will be assisting with the Services you request through the Online Platforms.
Use the information as otherwise described to you in our Terms & Conditions.

3. HOW AND WITH WHOM WE SHARE YOUR INFORMATION.

We may use aggregate information that does not identify you, such as survey responses and other statistical information, for any purpose permissible under applicable data and consumer privacy laws. We may share your Personal Information for commercial purposes with others, such as our subsidiaries or affiliates, contractors, service providers (including third party marketing partners), supporting broker and real estate agencies, and other third parties we use to support our Services so long as those parties are bound by contractual or fiduciary obligations to keep your Personal Information secure and to use it only for the purposes for which we disclose it to them (e.g., in support of our Services and your home buying experience).

We may also share Personal Information if we believe in good faith that doing so is required by law or is otherwise required to exercise or defend legal rights, take precautions against liability, protect the rights, property, or safety of any individual, protect the integrity of the Online Platforms, protect the Company or others from fraudulent or unlawful activity, or defend the Company against third party claims. In these scenarios, we will notify you of the disclosure, unless prohibited from doing so under applicable law.

4. STORAGE OF PERSONAL INFORMATION.

To support our Services and business, the Company may collect, store, and process your Personal Information on our premises, data platforms, and private cloud storage solutions in the United States. The transfer or disclosure of your Personal Information to our U.S. systems, and storage in those systems, is necessary to enable the Company and our service providers to give essential support to the Online Platforms and your Service requests.

5. YOUR RIGHTS CONCERNING YOUR PERSONAL INFORMATION.

5.1 General Consumer Rights. Pursuant to applicable data protection and consumer privacy laws, you may contact us to exercise certain rights concerning your Personal Information, including the right to: (i) request that we disclose the categories and specific pieces of Personal Information we have collected and disclosed about you; (ii) confirm and know whether we have processed or sold your Personal Information; (iii) request information about the Company’s disclosure of Personal Information to our affiliates and service providers (including for their marketing purposes); (iv) opt-out of the Company sharing your Personal Information with third parties and our service providers; (v) request that we provide a copy of your Personal Information to you (data portability); (vi) request that we update your Personal Information or correct any inaccuracies you have detected through your use of the Online Platforms; (vii) opt-out of any direct or indirect profiling or targeted advertising we may engage in based on your use of the Online Platforms; or (viii) request that we otherwise delete your Personal Information. You also have the right to lodge a complaint with a supervisory authority if you believe we have breached the terms of this Privacy Policy with respect to your Personal Information. Depending on where you are located, some of these rights may not apply or may be subject to limitations. For example, we may limit the number of requests you make or charge reasonable fees as legally permitted. YOU WILL NOT FACE DISCRIMINATION FOR EXERCISING YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION.

5.2 Exercising your rights. You or your authorized representative may contact us (at the contact information below) to exercise these rights set out above. Your request must provide sufficient information that allows us to reasonably verify you are the person about whom the request is made and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

5.3 Opt-out instructions. If you wish to opt-out of certain features of the Online Platforms or our Services (including your registered account or future notices), please contact us at the information set out below and we will provide instructions.

6. DATA RETENTION PERIOD.

We retain Personal Information for a reasonable period to fulfill the purposes for which we collected it (as outlined in this Privacy Policy), including to defend our rights under our Services and agreements with you. If we no longer reasonably need Personal Information for such purposes, we will, at our election and in accordance with applicable data protection laws, delete it from our records, anonymize the Personal Information, or archive the Personal Information in a manner consistent with industry standards for protection and retention of Personal Information, unless applicable law or legal considerations necessitate a different retention period (as the case may be).

7. SECURITY MEASURES.

We use industry standard technical and organizational measures to protect Personal Information against loss, misuse, and unauthorized access, use, or alteration. However, we cannot guarantee the complete security of these measures, so please exercise caution when submitting Personal Information online.

8. COOKIES AND TRACKING TECHNOLOGY.

As you may already know, cookies are small text files placed on your computer or device when you visit a website or mobile application. In addition, mobile applications (like our Online Platforms) may use automatic information collection technologies when you download, access, or use the mobile application (together with cookies, “Tracking Technologies”). Tracking Technologies retain information about your activity on a website or application and provide that information to the owner. We may, in our discretion, use essential Tracking Technologies to manage performance and optimize our technology to ensure the Online Platforms, including account and Service features, operate as designed. When you visit the Online Platforms or access mobile applications therein, we may place session and persistent cookies to facilitate your use of the Online Platforms by recognizing you when you return or delivering content according to your account preferences. Information we collect through Tracking Technologies may be linked to your Personal Information we have previously collected. You can disable cookies and other Tracking Technologies on your device at any time by adjusting your browser preferences or settings. If you do so, you may be unable to access certain parts of the Online Platforms.

WE RECOMMEND YOU REVIEW YOUR DEVICE SETTINGS TO CONFIRM IF TRACKING TECHNOLOGIES, INCLUDING GEOLOCATION TRACKING, HAVE BEEN PROPERLY DISABLED OR CONFIGURED TO YOUR PREFERENCE.

9. CHILDREN’S PRIVACY.

Our Online Platforms are not intended for persons under 16 years of age. If you are under the age of 16, please do not provide any Personal Information to the Company through the Online Platforms or register an account on the Online Platforms. We do not knowingly collect Personal Information from anyone under the age of 16, and if you believe we might have any information from or about a person under 16, please contact us immediately at the information set out below.

10. THIRD-PARTY LINKS.

Occasionally, third-party links, products, or services might appear to you as you use our Online Platforms or register your account. These third-party sites have separate and independent privacy policies, notices of collection, and terms of use. We do not assume responsibility or liability for the content and activities of these linked sites, and we encourage you to directly review the policies and privacy practices on those sites.

11. UPDATES TO OUR PRIVACY POLICY.

We may update or change this Privacy Policy from time to time based on changes in law or internal review of our policies and procedures. When we perform an update, we will amend the “last updated” date above and notify you if such changes materially affect your rights or our obligations under this Privacy Policy.

12. HOW YOU CAN CONTACT US.

If you have questions, comments, or complaints about this Privacy Policy or our practices under applicable data protection and consumer privacy laws, you may contact us at the contact information below. We will respond as soon as possible, but no later than the period required by applicable law.

Tres Holdings LLC

Attention: eshowing admin

Email: admin@eshowing.com