Privacy Policy – Lofty Marketplace
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Privacy Policy

Privacy Policy

Last Updated on November 3, 2016

Hi, and welcome to Lofty.com!

The website lofty.com (the “Site”) is brought to you by Auction Mobility, LLC (d/b/a Lofty) (“Lofty,” “we,” “us,” or “our”). This privacy policy provides information about our policies and procedures regarding the collection, use and disclosure of personal information received through the Site from visitors and users of the Site (the “Privacy Policy”). This Privacy Policy is incorporated into, and is part of, our Terms of Use (https://www.lofty.com/pages/terms-of-use) which govern your access to the Site and your use of the Site and/or Services (as defined in the Terms of Use) made available on or through the Site. Unless otherwise defined herein, capitalized terms shall have the meaning assigned to such terms in the Terms of Use. 

If you have comments, suggestions, questions or concerns about our Privacy Policy, please contact us at Contact@Lofty.com.

  1. Type of Information Collected

Information You Provide To Us. When you sign up as a registered user of the Site (“Registered User”), you must submit an online registration form to create a user account and provide us with some of the following personal information during the registration process: name, mailing address, phone number, email address, fax numbers, gender, age, and/or company name. Please note that you do not need to register in order to view the Site.

For Registered Users and visitors to the Site, we provide you with the opportunity to subscribe to our newsletter distribution list by providing your email in the “SUBSCRIBE TO NEWSLETTER!” field or by clicking on our “Register” page and clicking the “Sign up for Newsletter” button. You may also send us a message and/or request additional information by submitting your name, email, phone number and message on our “CONTACT LOFTY” page. If you contact us by email, we may keep a record of your contact information and correspondence, and may use your email address, and any information that you provide to us in your message, to respond to you.

Please note that Lofty reserves the right to delete information for visitors with free account status at any time.

Information We Collect About Your Interaction with the Site. We collect additional information about your interaction with the Site without identifying you as an individual (“Anonymous Information”) by using cookies or other automated technologies on the Site as further described in the section titled “Cookies" below. For example, we receive certain standard information that your browser sends to every website you visit, such as your Internet Protocol (“IP”) address, information about your browser and operating system, and details about your keyword searches. We may use Anonymous Information for any purpose in our discretion. For clarity, Anonymous Information means information that is not associated with or linked to your personal information and does not permit the identification of individual persons.

Direct marketing. We may send out marketing communications (such as a newsletter) to our customers to explain exciting developments with our business or to offer special promotions on our products and services. You can always choose to stop receiving newsletters or other communications from us by clicking the “unsubscribe” link at the bottom of a marketing message. Please understand that if you choose not to receive promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions and/or communications with us.

Notice to Registered Users. If you become a Register User, we may send you certain notifications, advertisements, promotions, and specials. We may also send you any legally required notifications and certain notifications, including but not limited to, service related notices or notices regarding a change to any of our policies. For example, we may send you a notice regarding scheduled maintenance to the Site. In order to opt-out of receiving these notices, you may need to deactivate your account. You can opt out of certain e-mail communications from us. We will not change your preferences without your consent. You cannot opt out of receiving transactional communications from Lofty related to your account.

Accessing and Making Changes to Your Personal Information. If you are a Registered User, we provide an easy way via your online account profile for you to access, correct, update or remove personal information that has previously been provided to us. You can review your personal information and make any necessary changes at any time by logging in to your Registered User account. If you are unable to edit your personal information by logging into your Registered User account, please contact us for assistance at Contact@lofty.com.

By using this Site, you consent to collection, storage, and use of the personal information you provide for any of the services that we offer, and you consent to our collection of any changes or updates that you may provide to any such information.

  1. Cookies

We may use cookies to manage user sessions and to store preferences and tracking information. Cookies may be used whether you register with us or not. “Cookies” are small text files transferred by a web server to your hard drive and thereafter stored on your computer. The types of information a cookie collects include the date and time you visited, your browsing history, your preferences, and your username. In some instances, our third-party service providers may use cookies on the Site. We cannot control or access cookies used by third-party service providers. This Privacy Policy covers only cookies used by us, and not any cookies used by third parties. You have the ability to either accept or decline the use of cookies on your computer, whether you are a Registered User with us or not. Typically, you can configure your browser to not accept cookies. However, declining the use of cookies may affect the functionality of the Site or limit your access to certain features of the Site. For example, you may have difficulty logging in or using certain interactive features of the Site.

BY AGREEING TO THIS PRIVACY POLICY AND USING THE SERVICES, YOU ARE CONSENTING TO THE USE OF TRACKING TECHNOLOGIES AS SET FORTH IN THIS PRIVACY POLICY.

  1. Third Party Payment Processor

We use third-party credit card processors (“Payment Processor”) to process credit card transactions for purchases made through our Site. To make this possible, your email address, billing address and phone number, and amount of your purchase are shared via secure (encrypted) means with the Payment Processor for the sole purpose of completing any transactions you initiate through our Site. Please note that your credit card information (number, expiration date, security code) is provided directly to the Payment Processor and is stored by the Payment Processor and not by us, and as such, it is important to review the Payment Processor’s privacy policy and terms of use to understand their information security practices. The Payment Processor’s privacy policy will apply to the information you provide when making purchases through our Site. You hereby acknowledge and agree that Lofty is not affiliated in any way with the Payment Processor and that we have no responsibility or liability for the services provided by the Payment Processor or for the Payment Processor’s acts or omissions. By purchasing products and services on our Site, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for the purchased products and services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider.

  1. Third-Party Advertisers

We may use third-party advertising companies to serve ads when you visit the Site. These companies may use information (not including your name, address, email address, or telephone number) about your visits to the Site and third-party sites in order to provide advertisements about goods and services of interest to you. By offering a product for sale on the Site, you acknowledge and agree that it may become public and accessible by any third party and that they may appear in search engine results and in the cache of those search engines, and that it is the sole responsibility of each of those parties to update and/or to remove those pages from their indexes and their cache. You agree and acknowledge that Lofty is not liable for the information published in search results.

  1. Other Third-Party Providers

We use third-party services for such things as our e-commerce platform and for analytics. By using the Site you agree to our use of these services including the necessary storing of your Personal Information by them. We use Shopify and your Personal Information is provided directly to them and is stored by them, and as such, it is important, and we encourage you, to review their privacy policy and terms to understand their information security practices: https://www.shopify.com/legal. We use aggregate analytic information to evaluate your use of the Site, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to your use of the Site. We use this information only to improve the Site, but do not combine it with personally identifiable information. By using the Site, you consent to the processing of Aggregate Information about your use by our analytics providers (such as Google Analytics) in the manner and for the purposes described in this Privacy Policy.

  1. How Your Information is Used and Shared

How We May Use Your Information. We may use personal information we collect from and about you on the Site (collectively, “Information”) to: (i) operate the Site and provide the Services, (ii) respond to your requests and inquiries, (iii) contact you and to communicate with you about your online purchases through our Site, (iv) notify you about important changes to the Site and/or Services, such as updates or revisions to this Privacy Policy or our Terms of Use, security announcements or other similar messages, (v) review Site usage and operations and to improve the content and functionality of the Site and our Services, (vi) provide you with information and materials about our Services or your online purchases, (vii) address problems with the Site and or Services, (viii) protect the security or integrity of our Site and/or Services, our customers, and our business, (ix) tailor the Site to your and other visitors’ needs, or (i) enforce our Terms of Use. We may retain such Information for as long as is required to fulfill our business objective, even after your account is terminated.

How We May Share Your Information. We will not sell or lease your Information to any third party. Except as otherwise expressly provided in this Privacy Policy, Lofty will only share your Information: (i) as required by law or regulation or as we believe in good faith that disclosure of such personal information is reasonably necessary to: (1) satisfy any applicable law or regulation, (2) to respond to claims and/or to comply with a judicial proceeding, court order or legal process served on us, (3) to protect and defend our rights or property, and/or the rights or property of our customers, or third parties, as permitted by law, (4) to detect, prevent or otherwise address fraud, security or technical issues, or (5) to enforce our Terms of Use; and/or (ii) with our service providers that provide certain services to maintain and operate the Site and/or Services (e.g., we may use third parties to host the Site or operate various features available on the Site, to send and manage email, to send marketing messages, or to analyze data) and those service providers will be permitted to obtain only the Information they need to deliver the service(s).

As with any other business, it is possible that in the future we could merge with or be acquired by another company. If such an acquisition occurs, the successor company would have access to the Information, but would continue to be bound by this Privacy Policy unless and until it is amended.

  1. Protecting Your Personal Information

We have implemented reasonable technical and organizational measures designed to deter unauthorized access to and use, destruction of, modification of, or disclosure of personally identifiable information we collect via the Site. Regardless of the precautions taken by us or by you, no data transmitted over the Internet or any other public network can be guaranteed to be 100% secure. We cannot ensure or warrant the security of any information you transmit to us and you provide all personally identifiable information via the Site at your own risk. You acknowledge and agree that we assume no liability regarding the theft, loss, alteration or misuse of personal or other information or content, including, without limitation, such information that has been provided to third parties or other users, or with regards to the failure of a third party to abide by the agreement between us and such third party. You agree that you are responsible for maintaining the confidentiality of your username and password, and all uses of your account, whether or not you have authorized such use.

  1. Links to Other Sites

Our Site may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit. Please be aware that the terms of our Privacy Policy do not apply to these third-party websites.

  1. Notification of Changes

We reserve the right to change this Privacy Policy from time to time, and at our sole discretion. We may send you a notice regarding material changes this Privacy Policy or the Site. You should make note of the “Last Updated” date on the Privacy Policy. With this information, you should be able to identify if it has been updated.

  1. Disputes

Any disputes regarding your privacy are subject to the Terms of Use, including but not limited to any provisions related to indemnification, limitations on damages, and choice of law.

  1. Children Under 18

This Site is not intended for, or designed to attract, children under the age of 18 and as such, we do not intentionally gather information from individuals who are under the age of 18. Upon notification that a child under 18 has provided us with personally identifiable information, we will delete the child’s personally identifiable information from our records and terminate any accounts registered to such minor child.

  1. California Users/Visitors.

California Civil Code Section 1798.83 permits users who are California residents and who have provided us with "personal information" (as that term is defined in Section 1798.83) to request certain information about the disclosure of that information to third parties for their direct marketing purposes. If you are a California resident, you may contact us by writing to: Lofty.com, 192 South St., Suite 600, Boston, MA 02111.

  1. Canadian Users/Visitors

Canadian citizens, except under circumstances defined by law, are entitled to access their own personal information collected by Lofty by writing to: Lofty.com, 192 South St., Suite 600, Boston, MA 02111. We may ask you to pay an administrative fee for accessing or copying your personal information, but will inform you of the anticipated charges and confirm that you want us to proceed before processing your request. If you believe that the personal information about you that we have collected is incomplete or inaccurate, we will correct the information upon verification of the omission or error and of the identity of the person requesting the change. If you wish to request additional information about our information management, or would like us to access, correct or have us investigate any matters in relation to your personal information, please contact us.

  1. Notice to Visitors Outside of the United States

You should be aware that the United States and other countries have not harmonized their privacy regulations. Because Lofty and its servers are located in the United States and our services are directed towards the United States market, our Privacy Policy has been prepared to comply with applicable United States regulations. By accessing and/or using the Site and/or Services and providing personal information to us via the Site, you consent to the processing of your personal information as described in this Privacy Policy and you agree to the level of privacy protection set out in this Privacy Policy. Please note that Lofty reserves the right to block users located in certain countries from using the Site in its sole discretion.

  1. Changes to This Privacy Policy

Each time you use the Site, the current version of this Privacy Policy will apply. When you use the Site, you should check the date of this Privacy Policy (which appears at the top of this Privacy Policy) and review any changes since the last version. You can always refuse to accept any changes to our privacy policy by terminating your use of the Site and/or Services. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you. Continuation of your use of the Site and/or Services shall be considered acceptance of the changes in the Privacy Policy.

  1. How to Contact Us

If you have questions about this Privacy Policy, please contact Lofty by one of the following options:

By e-mail: Contact@Lofty.com

By mail: Lofty.com, c/o Auction Mobility, 192 South St., Suite 600, Boston, MA 02111

By Our Website: http://www.lofty.com/pages/contact/ with “Privacy Policy” in the subject line.

 

©COPYRIGHT 2016 AUCTION MOBILITY, LLC (D/B/A LOFTY), ALL RIGHTS RESERVED.