Privacy Policy

At Home Bay Technologies Inc. ("Home Bay" or "we" or "us" or "our"), we appreciate your use of and contributions to our websites, our mobile and desktop applications, our other properties and/or our related services (collectively known as the "Services," or, each individually, a "Service"). Home Bay respects your privacy and is committed to protecting your personal information.

This is our privacy policy and we will comply with it, as well as applicable U.S. privacy law, when we gather and use information from users of the Services. This privacy policy is intended to help you understand what types of personal information we collect, how we collect your personal information, how we use your personal information, with whom your personal information may be shared, how we protect and how long we store your personal information, and what choices you have about how that information is collected and used.

By accessing and/or using the Services, you agree that your use of the Services and any dispute over privacy is subject to this privacy policy.  If you do not agree with this privacy policy, please discontinue the use of the Services.

What Types of Personal Information We Collect

When you use the Services, we collect a variety of information, including:

  • Information you provide. When using the Services, you may provide information about yourself, such as name, address, phone number, email and details around a potential transaction. This may occur, for example, when you register on Home Bay, claim a home, correspond with a real estate agent or other service provider via the Services, or complete other forms, such as a loan request. You may also provide information about a third party through the Services, for example, if you share a real estate listing with a recipient via email.
  • Financial Information. When you order products or services through the Services, Home Bay may collect your credit/debit card information.
  • Cookies and Web beacons. Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser. When you use the Services, we may place one or more cookies on your computer or other electronic device.  At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. However, if you choose to disable cookies, many of the free features and the Services will not operate properly.
  • Device and connection information. We collect information associated with your unique browser, device identifier, or Internet Protocol address.

How We Collect Personal Information

We collect your personal information in different ways when you access various parts of the Services, including:

  • Usage logs. When you use the Services, your computer or other electronic device communicates a variety of information to computer servers, including the existence of cookies, your Internet Protocol address, and information about your browser program. We also create a record of what information you are requesting, such as the page or subject areas you're visiting.
  • Mobile Device and Mobile Browser.  You may adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device.  Please refer to the instructions provided by your mobile service provider or mobile device manufacturer.
  • Social Networks.  If you use the social networking connection functions offered through the Services, we may access all of your social network profile information that you have made available to be shared and to use it in accordance with this privacy policy.  Please refer to the instructions governing your social network account to manage the information that is shared through your account.
  • Calls. Calls to Home Bay or to third parties through Home Bay may be recorded or monitored for quality assurance and customer service purposes.
  • Cookies and Web beacons. We may use cookies to connect your activity on the Services with other information we store about you in your account profile or your prior interactions on the Services to, for example, store your preferences. The use of cookies helps us improve the quality of the Services to you, by identifying information which is most interesting to you, tracking trends, measuring the effectiveness of advertising, or storing information you may want to retrieve on a regular basis, such as your favorite homes. Also, the pages on the Services may include Web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different Web sites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information. We may, for example, implement a pixel on the pages of the Services where you view a certain advertisement so that we can track whether you visit a Web site associated with that advertisement at a later time.
  • Third-party Cookies and Web beacons. We work with service providers to track and manage cookie information and your activities while you're using the Services and your online activities over time and across different websites. For example, third-parties may use cookies to deliver advertisements to you based on your visit to the Services. You may opt-out of cookie tracking and analysis from any of these service providers and advertising networks by opting out of collection of information, which is explained further below. We have implemented Google Analytics remarketing, which tracks and manages cookie information so that we and third-party service providers can better deliver advertisements that are relevant and useful to you on Home Bay websites and various websites across the Internet. We have also implemented Google Analytics display network impression reporting to better understand how ad impressions and ad services are related to visits to our websites. You can customize ads or opt out of these services using the Google Ads Settings.

How We Use Personal Information

In general, Home Bay uses the information collected from you to communicate with you and operate our Services. Home Bay also uses this information to respond to your requests and present you with advertising that we believe will be of interest or useful to you. Information you provide about yourself may be combined with other information we collect from your interaction with the Services or from other companies.

We may use your personal information to send you emails for a variety of reasons.  For example, if you took an action through the Services, you signed up for a regular report, or you posted your home for sale and a buyer sent you a message. We respect your desire to manage email correspondence. If you have an account with Home Bay, you can select your preferences through your account page. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

We may use your personal information to participate in behavioral advertising. This means that, for example, when you use the Services, we or third party service providers or advertisers may use cookies or other similar technologies to collect information about your use of the Services (including mobile applications) or your online activities over time and across different websites. Collected information may include the content you view, the date and time that you view this content, and the website that referred you to the Services, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. These practices help tailor advertisements that are relevant and useful to you. These tailored advertisements may appear on the Services or on other websites, applications or properties.

In addition, if you have provided your email address to us, we may use a scrambled, unreadable form (a hash) of your email address to deliver tailored advertisements to you on the Services or on other websites, including via Facebook’s Custom Audience Feature or other similar Facebook tools. We will not share your email address with Facebook. Click here to learn about how you can control the ads you see on Facebook.

We may also use your location information to provide you with helpful information based on where you are. If you tell Home Bay where you are (e.g., by allowing your mobile device to send Home Bay your location), Home Bay may use that information to provide you with location-based information and advertising. If you wish to deactivate this feature, you can disable location services on your mobile device.

Home Bay's third-party ad servers, ad network providers, and third-party advertisers (the "Home Bay Ad Providers") may provide you with advertisements that you may see on the Services or on other affiliated websites. To improve the relevancy and help measure the effectiveness of such advertisements, the Home Bay Ad Providers may use cookies, Web beacons, clear .gifs or similar technologies. These are used to record users' activity, such as the pages visited, and to learn what types of information are of most interest to the users.

To ensure that consumer inquiries are handled promptly, courteously, and accurately, some of the phone calls between you and us or any of our affiliates, agents, assigns and service providers, may be monitored and recorded by us and any of our affiliates, agents, assigns and service providers, to enhance service to you. By using the Services you consent to this monitoring and recording.

If a mobile number is provided, we may text you information about Home Bay. Home Bay does not charge to send or receive text messages as part of our services. However, messages and data rates may apply. Please consult with your wireless carrier for applicable text messaging fees. The manner in which these calls or text messages are made to you may include, but is not limited to, the use of prerecorded/artificial voice messages and/or automatic telephone dialing system. Home Bay may send emails to you at any email address you provide us or use other electronic means of communication to the extent permitted by law.

With Whom Personal Information May Be Shared

Your privacy is important and we are committed to protecting information that identifies you personally, where you have chosen to keep it private ("Personal Information"). We will only share Personal Information that you provide outside the public areas of the Services in the following circumstances:

  • Consent. When you consent or direct Home Bay to share the Personal Information. For example, if you choose to contact a real estate agent, lender or real estate related vendor through the Services, your name and email address will appear to the recipient of the message.
  • Other Service Providers. Certain registration functionality is provided by JanRain, and use is subject to JanRain’s Privacy Statement, located at http://janrain.com/janrain-privacy-statement/.
  • Service providers to Home Bay. When Home Bay hires a service provider, including its subsidiaries, to help operate the Services or our business, Home Bay may give access to Personal Information only as necessary to perform the service for Home Bay, and subject to the terms of this privacy policy.
  • Partners with whom we conduct business.  Home Bay may give business partners access to Personal Information only as necessary to offer products and services with those business partners, and subject to the terms of this privacy policy
  • Legal obligation or protection from harm. When Home Bay has a good faith belief that access, use, preservation or disclosure of the Personal Information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Home Bay, its users, or the public against harm.
  • Merger or sale. If and when Home Bay is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding. Personal Information may be transferred along with the business.

When you provide public information without identifying yourself, we will protect your personal identity as described above. If your account profile does not identify you personally, Home Bay won't reveal your identity to third parties except in accordance with this policy. You should keep in mind that the information that you choose to provide in a public area of the Services (such as your profile page or the discussion forums) will not be protected by this privacy policy because you have made an active choice to make that information public.  We are not responsible for any Personal Information you choose to submit in any public area of the Services.

When we deliver ads based on data about your use of the Services, we keep your identity anonymous. We won't identify you personally to third parties, except in accordance with this privacy policy. Of course, if you choose to respond to an advertised offer with your name and contact information, you will no longer be anonymous to the advertiser.  Further, while we do not share your Personal Information with third parties unless permitted above, Home Bay may share aggregate anonymous information with third-parties. This information does not personally identify individuals, but instead provides a helpful understanding of the groups of people who prefer certain types of information and services.

How We Protect Personal Information

Personal Information will be processed and stored by Home Bay in databases hosted in the United States. Home Bay has taken reasonable steps to protect the information users share with us, including, but not limited to, setup of processes, equipment and software to avoid unauthorized access or disclosure of this information. Home Bay uses industry-standard encryption technology to secure personal information. However, no transmission of information via the Internet can be entirely secure, so please always use caution when submitting Personal Information.

How Long We Retain Personal Information

We will retain your Personal Information for as long as you have an active account, as needed to provide you with the Services, to comply with our legal, financial reporting, or compliance obligations, and to enforce this privacy policy.

Your Personal Information Protection Rights and Choices

You have the following rights in relation to our processing of your personal information.  Please note that these rights are not absolute, and we may refuse requests where exceptions apply.

You have the right to:

  • To obtain access to, and copies of, the personal information that we hold about you;
  • To require us to correct the personal information we hold about you if it is incorrect;
  • To require us to delete or restrict your personal information in certain circumstances ((e.g., if Home Bay is using your personal information on the basis of your consent and has no other legal basis to use such, you may request your personal information be deleted when you withdraw your consent);
  • To require us to restrict our information processing activities in certain circumstances;
  • Select whether we share your personal information with third parties by or change your selection by e-mailing us at help@homebay.com and placing “share” or “do-not-share” in the subject line (please include your full name);
  • To object to any of our particular processing activities of your personal information;
  • To receive from us the personal information we hold about you, in a reasonable format specified by you, including for the purpose of you transmitting that personal information to another data controller;
  • Where our processing is based on your consent, you may withdraw that consent, without affecting the lawfulness of our processing based on consent before its withdrawal;
  • If you are not satisfied with how we are processing your personal information, you can make a complaint to a data protection supervisory authority in the US or EU, as applicable, including the data protection regulator in the EU country where you are located; and
  • To request that we restrict the processing of your personal information pending our investigation and/or verification of your claim, if you believe your personal information is inaccurate, no longer necessary for our business purposes, or if you object to our processing of your personal information.

If you wish to exercise any of the rights described above, or submit a complaint on how we have handled your personal information, please contact us by e-mail at help@homebay.com or by telephone at (888) 544-4239.

You also have choices regarding the collection, use, and sharing of your personal information:

  • You may manage your registration information at any time by visiting and logging into our website using your account log in information;
  • You may opt-out of receiving e-mails or newsletters and other offers by clicking on the unsubscribe link at the bottom of any of our e-mails or newsletters; and
  • You may be able to configure your browser to reject cookies, but doing so will limit the functionality and negatively impact your experience using the Services.
  • If you do not want Home Bay and its marketing services providers to follow your usage of our Services via cookies and Web beacons, you can opt out of Cookies/Web beacons from: comScore, Google Analytics, Omniture and Yahoo! Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns. Please note that, if you opt out and later delete your cookies, use a different browser, or use a different computer or other electronic device, you will need to renew your opt-out choices.

California Residents Privacy Rights

Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask certain businesses to respond to requests about the business practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. We require you to expressly opt-in to any disclosure of your personal information to third parties for the third parties' direct marketing purposes, which is stricter than required under California law.  If you are a California resident and would like a copy of this Privacy Policy, please submit a written request to the address below.

Visiting Our Websites or Using the Services from outside the United States

If you are visiting our websites or using the Services from outside the United States, please be aware that your personal information will typically be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The information protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your personal information is protected.  If you are located outside United States and choose to provide information to us, please note that we transfer the information, including personal information, to United States and process it there.  Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Users of Our Websites or the Services from the European Union (“EU”)

If your personal information is subject to the General Data Protection Regulation (“GDPR”), in the course of providing our websites or the Services to you, we may transfer your personal information outside of the EU, principally to Home Bay’s servers in the United States; this means that your personal information will not have the automatic protection of European information protection laws (including the GDPR) which apply in the EU.  In these circumstances, in order to ensure that your personal information continues to have adequate protection when it is transferred outside the EU, your personal information will only be transferred on one of the following bases:

  1. Where the transfer is subject to one or more of the appropriate safeguards for international transfers prescribed by applicable law (for example, standard information protection clauses adopted by the European Commission);
  2. A European Commission decision provides that the country or territory to which the transfer is made ensures an adequate level of protection; or
  3. There exists another situation where the transfer is permitted under applicable law (for example, where we have your explicit consent).

You can obtain more details of the protection given to your personal information when it is transferred outside the EU by contacting us using the details set out below.

Children Under the Age of 13

Home Bay will not knowingly collect personally identifiable information from any person under the age of 13. The Services are not designed to attract the attention of persons under the age of 13.  If Home Bay learns that personal information of children under 13 years of age has been collected on or through the Services, Home Bay will take the appropriate steps to delete such personal information. If you are the parent or legal guardian of a child under 13 years of age who has used the Services, please contact us by email at help@homebay.com to have your child’s transactions terminated and personal information deleted.

Third-Party Websites

Throughout the Services, we may link to the websites of other companies and/or individuals. Further, certain functionalities on Home Bay may involve the distribution of your listing information to third-party websites. These third-party websites may collect Personal Information about users on those websites, and Home Bay's privacy policy does not extend to these external websites and third parties. Please refer directly to these third parties and websites regarding their privacy policies.

Use of these technologies by Home Bay Ad Providers is subject to their own privacy policies and is not covered by our privacy policy. For more information regarding the choices you have about these technologies (such as opting-out), click here to learn about Home Bay Ad Providers participating in the Network Advertising Initiative, and click here to learn about the Home Bay Ad Providers participating in the Digital Advertising Alliance. Home Bay has or may develop relationships with the following services: Advertising.com, Atlas, DoubleClick, Google, Intercept, Right Media and BlueKai The Network Advertising Initiative and Digital Advertising Alliance offer some centralized opt-out tools; otherwise you must visit each provider's website individually and opt out.

Contacting Home Bay

If you have any questions about this privacy policy or the privacy practices of Home Bay, or to instruct us regarding your choices regarding your personal information, you may contact us using any of the following ways:

By email:

help@homebay.com

By mail:

Attention: Privacy Officer

3611 Valley Centre Drive, Suite 175

San Diego, CA 92130

By telephone:

(888) 544-4239

We will attend to your questions, concerns, or instructions promptly.

Changes to our Privacy Policy

Please note that this policy may be amended from time to time. You should check back for the most current version before relying on any of the provisions in this privacy policy. By using the Services, you agree to the terms of this Privacy Policy.

— Updated May 14, 2020