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 (the “Site”), any mobile application(s) we operate (the “App”), or from any other interaction (such as emails, newsletters, or forms) where we display or link to this Privacy Policy (collectively referred to as the “Services”). By accessing or otherwise using our Services, you consent to the terms of this Privacy Policy.
- Information We Collect: We collect personal information that varies depending on how you interact with us. Below we describe the types of personal 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 our 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. 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 their agents can submit offers for properties. When this occurs, we collect all information submitted in connection with the offer, such as the Offer Price and the conditions the buyer is willing to offer for purchase.
- Buying Power. When registering to make an offer on a property, buyer’s and their agents can upload a pre-approval letter or proof of funds, 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 listing agent of the listed property for approval.
- Contracts you enter. When listing properties or submitting offers for properties, sellers, buyers, and their agents will enter certain agreements with us. We will collect these agreements and they will be associated with you (and your agent) in our Services.
- Information provided by others. Others may provide information to us relating to you in connection with your use of our Services.
- Information provided by buyers, sellers, and/or agents about each other. If you are a seller or buyer who indicates you are working with an agent, your agent may provide information about you, your properties, your listings, and/or your offers to our Services. Similarly, if you are an agent, the sellers or buyers you work with can submit information about you to our Services; we use that information to contact you and as otherwise described in this Privacy Policy.
- 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 help us verify that you are the record owner of the property you are listing. Third parties also may provide information about listed properties associated with your account, such as (without limitation) 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.
- Buying Power information. If you are a buyer who is registering to make offers on a listed property, the listing agent will approve your Buying Power, which reflects the maximum amount up to which you may make offers on that specific listing.
- Payment information. Our Services may facilitate your ability to interact with partners who will enable you to make earnest money, escrow, or other payments. If you make such payments, we may receive information about such payments from third parties such as (without limitation) the payments provider or financial institution where payment is deposited.
- Data from other sources. We may obtain personal information from further third-party organizations. We also may collect personal information from publicly available sources, such as social media channels where you have 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.
- How We Use Information: We use the information described above to:
- Provide our Services to you and others, and to operate, evaluate and improve our business;
- Process, evaluate, and respond to your requests and inquiries, including (without limitation) your requests to create listings or submit offers, any questions you submit, or other inquiries or requests you may make;
- Create articles, posts, videos, or other content for our Services or for buyers, sellers, agents, or others;
- 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; 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.
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 you create a listing, 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 listing agent (including contact information) will be publicly accessible. Similarly, when you submit offers, your offer 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 listing agent. If you request or schedule a home tour, we may share your contact information, or the contact information of your agent, with the listing 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 listing 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 your contact information, or the contact information of your agent, with the listing 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 partners who can pre-approve you to make offers; if so, we share information about you with such partners.
- 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.
- 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 compliance@finaloffer.com or by completing our web form.
- 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 Sites 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.
- 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.
- 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 or otherwise, please contact us at concierge@finaloffer.com.
Effective Date: October 12, 2023