This Privacy Policy and Notice (this “Privacy Policy”) describes the practices of Final Offer, LLC (“Final Offer,” “we,” or “us”) with respect to personal information we collect from our website at www.finaloffer.com or any other website that is controlled by Final Offer and its affiliates (the “Site”), any mobile application(s) we operate, the services, products, platforms, features, content we provide, or from any other interaction (such as emails, newsletters, or forms) (collectively with the Site, referred to as the “Services”). By accessing or otherwise using the Services, you consent to the terms of this Privacy Policy.
“Agents” are people and other entities we may contract or interact with that may offer or provide services to you. Agents are independent contractors who are not employed or controlled by Final Offer. This Privacy Policy does not govern your interaction with Agents outside of the Services, and you will be governed by other privacy terms, if any, of the websites or services through which you are interacting with those Agents.
Information We Collect. We collect both “non-personal” and “personal” information that varies depending on how you interact with us. “Non-personal information” refers to information that may not by itself be reasonably associated with, linked to, or used to individually identify you or someone else. For example, general, non-specific information regarding your use of the Services or derived from the information that you provide to us through the Services. “Personal information” refers to information that may be reasonably associated with, linked to, or used to individually identify you or allow you to be personally identified or contacted. For example, personal information may include information such as your name, email address, telephone number, address, either alone or in combination with other information.
Below we describe the types of information we may collect and the sources from which we may collect them.
- Information you provide. We collect personal information that you provide to us when using the Services or otherwise interacting with us. This includes the following types of personal information:
- Profile and contact information. Our Services enable you to create a profile. If you do, we may collect your name, contact information, and any further profile information you provide, such as (for example) preferences you set in your profile, photos you upload, documents you upload, or (for agents) information about your licensure or MLS affiliation. Your profile will also reflect your transaction history within our Services, including any listings you provide or manage, and any offers you make, and any actions you take regarding a specific listing (such as signing up for a tour).
- Listings. Our Services enable sellers and their agents to create and manage listings for properties. If you have a listing associated with your profile, we collect all information you submit in connection with that listing, such as details about the property, photos or videos you submit, documents or disclosures you upload, the conditions under which you are willing to accept and/or submit offers, including your Offer Window, List Price, Seller Committed Price, Seller’s Terms, Final Offer Price and Final Offer Terms, and any further information you provide in relation to a listing.
- Offers. Buyers and agents can submit or upload offers for properties. When this occurs, we collect all information submitted in connection with the offer, such as the price and the conditions the buyer is willing to offer for purchase.
- Buying power information. When using the Services, buyers and their agents can upload a pre-approval letter or proof of funds or other financial information, and enter their buying power amount which reflects the amount of money that the buyer is financially qualified to make offers up to. We collect this buying power information and share it with the buyer’s agent and the seller’s agent of the listed property for approval.
- Contracts you enter. When listing properties or submitting offers for properties, sellers, buyers, and their agents may enter certain agreements with us. We will collect these agreements and they will be associated with you (and your agent) in our Services.
- Payment data. We may collect data necessary to process your payment if you choose to make purchases, such as your payment instrument number and the security code associated with your payment instrument. All payment data is shared with, handled and stored by Stripe to process the transactions. You may find their privacy notice link(s) here: https://stripe.com/privacy.
- Information provided by others. Others may provide information to us relating to you in connection with the use of the Services.
- Information provided by buyers, sellers, and/or agents about each other. Agents may provide information about buyers, sellers and/or prospects, including contact information and related properties, listings, and/or offers to our Services. Similarly, sellers or buyers can submit information about their agents to our Services. We use information provided by buyers, sellers and/or agents about each other solely to provide the Services.
- Information about agents. If you are an agent, we may work with your brokerage or third-party partners to verify you are licensed to act on behalf of a buyer and/or seller using our Services. We also may receive information about you from the brokerage with whom you work.
- Owner and property information. We may engage third parties to provide information about listed properties associated with your account, such as (without limitation) ownership information, address verification, bedroom/bathroom counts, interior and exterior features, utilities, school-zone and property tax information, and other information about listed properties. We may also work with third parties to obtain photos, videos, or other media or information about properties, such as (without limitation) photo/video shoots that enable virtual tours.
- Data from other sources. We may obtain personal information from third-party services or organizations where you have consented with such third party to sharing your information. We also may collect personal information from publicly available sources, such as social media channels where you have consented to share such information or made information about yourself available to the public.
- Data collected automatically. When you use our Services, certain information about your device and web browser may be automatically collected in connection with providing the Services to you, such as your IP address, device type, and operating system.
- Usage information. We may collect information about how our users use and engage with our Services.
- Information collected by cookies. Our Services may use cookies, pixels or other similar technologies. These technologies may collect information about your device, your browser, and your use of and activity within the Services.
- Communications between you and us. We may collect information about you in connection with requests or inquiries you make to us, whether done by email, phone, online submission, or otherwise.
- Location data. We collect location data such as information about your device’s location, for example, a location derived from your IP address or data that indicates where you are located with less precision, such as at a city or postal code level.
- How We Use Information. We use the information described above to:
- Provide our Services to you and others, including creating and managing a user account and profile, creating and managing property listings, submitting and reviewing offers, creating, entering into contracts with Final Offer and other users, and facilitating payment for subscriptions;
- Process, evaluate, and respond to your requests and inquiries, including (without limitation) your requests to create listings or submit offers, receive notices about listings, any questions you submit, or other inquiries or requests you may make;
- Enable user to user communication to allow for communication with another user in connection with the Services;
- Create articles, posts, videos, or other content for our Services or for buyers, sellers, agents, or others;
- Operate, analyze, evaluate, and improve our Services, our technologies, and any other services; perform data analyses; develop new technologies, products, and services; learn about our users and identify trends; evaluate user engagement with our Services; and facilitate the functionality and new functionalities in our Services;
- Market to you and others regarding matters that may be in your interest, including via direct marketing, and/or by delivering targeted and interest-based marketing within our Services and elsewhere;
- Personalize the Services we offer to you or to others, including (but not limited to) by showing you content or features we think you might like;
- If you apply for a job with us: Process your application, evaluate your candidacy, and for any other purpose listed in this Privacy Policy;
- Protect the safety and integrity of our Services, troubleshoot issues, and detect and prevent errors, fraudulent activity, or other potentially wrongful, harmful, or illegal activity;
- Enforce this Privacy Policy or any other contract(s) or agreement(s) we may have with you;
- Protect the health, safety, welfare, rights, or interests of you, us, any third party, or the general public; and/or
- Comply with, make claims relating to, or enforce legal rights or obligations, legal process, our policies, government requests, or prudent security or business practices.
- For any other lawful, legitimate business purpose.
We also may use information we collect for any other purpose notified to you or to which you consent, or to perform any actions requested by you.
- How We Share Information. We may share information with third parties for any purpose described in Section 2 above (“How We Use Information”), or for any other purpose that has been notified to you or to which you have consented. This includes sharing information as follows:
- The general public. Our Services bring transparency to the home sales process. This means that listings and offers are public. When a listing is created, the listing will be available to the general public through our Services; this means information about the property (including pricing, terms, photos and details about the property) and the seller’s agent (including contact information) will be publicly accessible. Similarly, when you submit offers, either directly through the Services or to a listing agent using the Services, your offer and terms will be accessible within our Services to other buyers, the seller, and to the general public.
- Sharing between buyers/sellers and their agents. If you indicate to us that you are working with an agent, we may provide information about you to your agent, and vice versa.
- The seller’s agent. If you request or schedule a home tour, we may share your contact information, or the contact information of your agent, with the seller’s agent. If you indicate to us that you are not working with an agent when registering to make offers on a property, we may share your contact information with the seller’s agent. If you choose to get your Buying Power approved by providing an existing pre-approval letter or proof of funds from other financial institutions, we may share such information and your contact information, or the contact information of your agent, with the seller’s agent.
- Our service providers. We may share information with service providers and business partners who provide services to us or otherwise help us operate our business or the Services.
- Persons who facilitate the sale of properties. After an offer for a property has been accepted, we may share information about the seller, buyer, and their agent(s) with the persons involved in selling the property and/or closing the real estate transaction. These may include (without limitation) attorneys and their staff, financial institutions, and other persons involved in the sale of the property.
- As you direct. We may share information with other users or companies to whom you request that we share it. For instance, our Services may enable you to tell us to put you in contact with a listing agent; if so, we share information about you with such partners as directed.
- Compliance- and security-related transfers. We may share information in connection with complying with, making claims relating to, or enforcing legal rights or obligations, legal process, government requests, or prudent security or business practices. This may include disclosures to property recording offices, law enforcement, third-party rights owners, or others, as well as protecting the rights, property, interests, or personal safety of our clients, users, or the general public.
- Business transactions. We may share or transfer information with another business in connection with a merger, acquisition, or sale of our assets.
- Marketing Partners. We may coordinate and share your personal data with our marketing partners, including advertising networks, social networks, and marketing communication providers, in order to communicate with you about our products and services and market our products and services to you. We may also share aggregated demographic information with third parties interested in advertising on our online services to assist them in understanding the audience they would be reaching, but this information is not designed to identify any specific individual.
- Updating and Deleting Your Information. You can update the information we hold about you by logging in to your account and updating your information there. You can also request that we update the information we hold about you, or request that your data be deleted, by contacting us at concierge@finaloffer.com or by completing our web form.
- How long we keep your information. Different retention periods apply for different types of personal information. We will keep your personal information while you have an account with us or while we are providing the Services to you and to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law. Thereafter, we will keep your personal information for as long as is necessary:
- To respond to any questions, complaints or claims made by you or on your behalf;
- To show that we treated you fairly; or
- To keep records required by law.
Once retention of your personal data is no longer necessary for the purposes outlined above, we will either delete or de-identify the personal data or, if this is not possible (for example, because personal data has been stored in backup archives), then we will securely store your personal data and isolate it from further processing until deletion or deidentification is possible.
- Minors. Our Site is intended solely for use by persons 18 years of age or older. If you are under the age of 18, you may not use our Site, or contribute any information to us or our Site.
- Interest-based Advertising: Our Services may work with third parties such as advertising networks to provide you with advertisements that you see on the Site or other websites. These parties may use technology that can collect personally identifiable information about your online activities over time and across different Websites when you use our Site. To learn more about your ability to opt out of certain of these technologies and for other information, you can visit the Digital Advertising Alliance and the Network Advertising Initiative.
- Analytics. We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Website (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Website. These third parties may use cookies and other tracking technologies. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics’ data privacy and security at the following links: https://policies.google.com/technologies/partner-sites and https://support.google.com/analytics/topic/2919631
- Google Maps APIs. We use Google Maps and Places APIs (“Google APIs”) to provide certain features of the Services, including to display interactive maps to visually represent geographical information. The Google APIs will send device information and, in some instances, user content, to Google (including cached data). Google will then be able to display, through the Google APIs, information about the location. To understand and control how Google uses this data, please read Google’s Terms of Service and the Google Privacy Policy, which are incorporated herein by reference.
- Links to other Sites. Our Services may contain links to other websites or platforms. These websites operate independently from us, and their privacy practices are subject to their own privacy notices or policies, which we strongly encourage you to review to understand their procedures for collecting, using and disclosing personally identifiable information. We are not responsible for the content of the linked websites, any use of these sites, or the privacy practices of these sites.
- Do Not Track Signals. As of the Effective Date listed below, there is no commonly accepted response to Do Not Track signals initiated by browsers. Therefore, our Services are not designed to respond to such signals.
- U.S. State Privacy Rights. If you are a resident of certain U.S. States, you may have some or all of the following rights. Specifically, these states include Nevada, Virginia, Colorado, Connecticut, Utah, and Iowa. These rights are based on verifiable residency status, and we reserve the right to honor your request to exercise these rights based on your residency. You may have the right to request the following: (1) that we disclose and provide a copy of what Personal Information we collect, use, disclose, and sell; (2) that we delete your Personal Information, subject to certain exceptions; (3) that we correct inaccurate or incomplete Personal Information; (4) opt-out of the sale of Personal Information; (5) opt-out of targeted advertising; (6) opt out of profiling in furtherance of decisions that produce legal or similarly significant effects about you, and (7) not receive discriminatory treatment by us for exercising these rights.
- Additional Notice to Californian Residents. The following disclosures only apply to residents of the State of California.
- California Categories of Personal Information. In the preceding 12 months, we have collected the following categories and specific types of consumer personal information for the information, sources and purposes described in the “Information we Collect” and “How we use Information” sections of this Privacy Notice:
- Identifiers. Including name, profile, and contact information, unique personal identifier, online identifier, IP address; information related to your feedback, inquiries, and communications, and government identification number (including Social Security number, passport number, and driver’s license number as applicable).
- Personal Information. Including name, profile and contact information, security and authentication Information, and payment information.
- Protected Classification Characteristics. Including age, date of birth, gender, and sex.
- Commercial Information. Including name, profile and contact information relating to your purchases or use of the Services, information relating to your transactions, history, preferences, interests, and feedback.
- Internet/Network Information. Including information about how you access and use the services, browsing history, and search history.
- Geolocation Data. Including general geographic location or more precise location with your consent or when permitted by law.
- Sensory Information. Including, where permitted by law, recordings of phone calls between us and individuals, and image and video recordings of properties.
- Profession/Employment Information. Including the business or organization you represent, your title with that business or organization, and information relating to your role with the business or organization.
- Sensitive Information. Including Social Security number, driver’s license number, passport number, credit/debit card number plus expiration date and security code (CVV), financial account number and routing number, username and password, and precise geolocation.
- Other Personal Data. Including any information you provide us in connection with signing up for newsletters, email communications, and surveys, personal data you permit us to see when interacting with us through social media, and personal data you provide us in relation to a question, request, inquiry, survey, contest, or promotion.
- Inferences. Including our predictions about interests and preferences and related Service Profile Information.
We collect this information from the following sources: directly from you, from our business partners and affiliates, from your browser or device when you visit our mobile app(s) or use our Services, or from third parties that you permit to share information with us. Please see “Information we Collect” and “How we use Information” sections of this Privacy Notice for more information about the sources of personal data we collect the business purposes for which we use such information.
- Rights Under the CCPA/CPRA. You have the right under the California Consumer Privacy Act of 2018 (CCPA), as amended by the California Privacy Rights Act of 2020 (CPRA), and certain other privacy and data protection laws, as applicable, to exercise free of charge:
- Disclosure of Personal Information We Collect About You. You have the right to know, and request disclosure of:
- The categories of personal information we have collected about you, including sensitive personal information;
- The categories of sources from which the personal information is collected;
- Our business or commercial purpose for collecting, selling, or sharing personal information;
- The categories of third parties to whom we disclose personal information, if any; and
- The specific pieces of personal information we have collected about you.
Please note that we are not required to:
- Retain any personal information about you that was collected for a single one-time transaction if, in the ordinary course of business, that information about you is not retained;
- Reidentify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered personal information; or
- Provide the personal information to you more than twice in a 12-month period.
- Disclosure of Personal Information Sold, Shared, or Disclosed for a Business Purpose. In connection with any personal information we may sell, share, or disclose to a third party for a business purpose, you have the right to know:
- The categories of personal information about you that we sold or shared and the categories of third parties to whom the personal information was sold or shared; and
- The categories of personal information that we disclosed about you for a business purpose and the categories of persons to whom the personal information was disclosed for a business purpose.
You have the right to opt-out of the sale of your personal information or sharing of your personal information for targeted behavioral advertising. If you exercise your right to opt-out of the sale or sharing of your personal information, we will refrain from selling or sharing your personal information, unless you subsequently provide express authorization for the sale or sharing of your personal information. To opt-out of the sale or sharing of your personal information, please email us at concierge@finaloffer.com.
- Right to Limit Use of Sensitive Personal Information. You have the right to limit the use and disclosure of your sensitive personal information to the use which is necessary to:
- Perform the Services reasonably expected by an average consumer who requests those Services;
- To perform the following services: (1) Helping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposes; (2) Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business, if the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business; (3) Performing services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business; and (4) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business; and as authorized by further regulations.
- You have a right to know if your sensitive personal information may be used, or disclosed to a service provider or contractor, for additional, specified purposes.
To limit the use of your sensitive personal information, please email us at concierge@finaloffer.com.
Notice to Canadian Residents. If you live in Canada, in addition to the other rights you may have hereunder, you may have the right to (1) request access to, review and to correct inaccuracies or omissions in your Personal Information; (2) to withdraw consent for collection, use or disclosure of, or to request deletion of, your Personal Information (provided that, if you do so, we may no longer be able to provide services to you that rely on such Personal Information); (3) to ask questions about our policies and practices, and to lodge complaints about our compliance with them with us or with regulatory authorities; and (4) for Quebec residents, to request an electronic copy of the Personal Information you have provided to us in a structured and commonly used technological format.
We may process, store, and transfer your Personal Information in and to a foreign country, such as the United States, which has different privacy laws that may or may not be as comprehensive as Canadian law. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your Personal Information through the laws of the foreign country. We may use service providers in other jurisdictions as described in this Privacy Notice. You are welcome to contact us to obtain further information about our policies regarding service providers outside of Canada.
By submitting your Personal Information or engaging with the Site and/or Services, you consent to this transfer, storage, and/or processing.
It is important that the Personal Information we hold about you is accurate and current. Please keep us informed if your Personal Information changes. By law you have the right to request access to and to correct the Personal Information that we hold about you. You also have the right to request that we provide you with a copy of your Personal Information in a structured and commonly used format.
If you want to review, verify, or correct your Personal Information or withdraw your consent to the collection, use, and transfer of your Personal Information please email us at concierge@finaloffer.com.
We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We have designated a person in charge of the protection of Personal Information. You may contact them at concierge@finaloffer.com.
- Notice to Non-US or Canada Residents. This Site and Services are intended for use solely in the United States (including its territories and commonwealths) and Canada by U.S. and Canadian residents. We make no claims that the Site and Services are appropriate for use outside of the United States or Canada. Final Offer does not knowingly collect or solicit Personal Information from residents of the European Union, United Kingdom, Switzerland, or any other jurisdiction other than the U.S. and Canada. If you believe that we may have any Personal Information from or about a non-U.S. or Canada resident, please email us at concierge@finaloffer.com. No information should be submitted to Final Offer by any resident from outside of the U.S. or Canada.
- Changes to this Privacy Policy. We may modify this Privacy Policy from time to time, and will post any revisions within our Site. We will indicate at the bottom of the Privacy Policy the Effective Date of the most recent update. By using our Site following an update, you accept and agree to this Privacy Policy in its updated form.
- Contact Us: If you have any questions about this Privacy Policy, if you would like to exercise any of your rights as described in this Privacy Policy, or otherwise, please contact us at concierge@finaloffer.com.
If you choose to contact us directly by email, you will need to provide us with:
- Enough information to identify you;
- Proof of your identity and address; and
- A description of what right you want to exercise and the information to which your request relates.
We are not obligated to make a data access or data portability disclosure if we cannot verify that the person making the request is the person about whom we collected information, or is someone authorized to act on such person’s behalf.
Any personal information we collect from you to verify your identity in connection with your request will be used solely for the purposes of verification.
Effective Date: March 20, 2025