PRIVACY POLICY
This Privacy Policy describes the policies and procedures of Tosh Marks Property Group and its affiliates ("we", "our" or "us") on the collection, use and disclosure of your information on www.toshmarks.com (the "Site") and the services, features, content or Applications we offer (collectively with the Site, the "Services"). When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Privacy Policy.
WHAT DOES THIS PRIVACY POLICY COVER?
This Privacy Policy covers the treatment of personally identifiable information ("Personal Information") and other information collected in connection with your use of, or access to, the Services. This Privacy Policy also covers our treatment of any Personal Information that we collect outside the Services and are combined with such Personal Information collected in connection with your use of, or access to, the Services. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any landlords, renters, owners, buyers, and third party websites, services and applications (“Third Party Services”) that you elect to access through the Services or to individuals that we do not manage or employ. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy or that you request through your use of the Services, we cannot take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of any Third Party Services you access.
TOSH MARKS PROPERTY GROUP CLIENTS
When you are getting ready to buy or sell a home and you start working with our coordinators and agents, you become a Tosh Marks Property Group Client. As part of the home purchase, rental or sale process, you will need to provide a lot of information as is customary for a home purchase or sale transaction. This information can include, without limitation, your name, address, phone number, email address, buyer loan pre-approval documentation and seller property information. We ask you, as a buyer, for loan pre-approvals from a mortgage broker or lender to determine which homes are in your price range, and to help you make an offer more quickly when you do find a home. You, as a seller, are legally required to disclose certain information about your property to prospective buyers. Once you sign a Listing Agreement or Buyer Agreement with us, your relationship with Tosh Marks Property Group is governed by that agreement, as well as our online Terms of Use and this Privacy Policy.
WHAT INFORMATION DO WE COLLECT?
In connection with certain aspects of the Services, we may request and collect Personal Information as well as other information in connection with your use of, and access to, the Services. We collect the following types of information from our users.
Information You Provide Us:
You may choose to provide us with certain information that could include, without limitation, Personal Information, such as your name, email address, phone number, geolocation data, employment information, social security number, demographic information, rental/sale listing information, credit card or other payment information, background check information, rental/sale application information, information contained in any lease or sale contract you are negotiating or entering into, photo identification, reference letters, bank statements, income tax returns, or address of a listing you intend to rent/buy/sell, or other information we request from you that is required by law. You acknowledge that this information may be personal to you, and by providing this information to us, we may store such information and contact you to send you information about the Services or for any other reason set forth in this Privacy Policy.
Information Collected Automatically:
We also receive and store certain types of information whenever you interact with the Services. We automatically receive and record information in our server logs from your browser, including your IP address, search queries, cookie information, mobile device identification and the listings and pages you request. We also record the details of your activity on the Services. This information may be used by us to develop new services or improve the Services.
Information Collected Using Cookies:
A cookie is a small electronic file containing a string of characters that is sent to your computer when you visit a website. When you visit the website again, the cookie allows that site to recognize your computer. Cookies may store user preferences and other information. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some website features may not function properly without cookies. We use cookies to enable our servers to recognize your web browser and tell us how and when you visit the Site and otherwise use the Services through the Internet. We also use third parties such as Google to help us analyze how people are using the Sites, and those third parties are authorized to use cookies and other tracking technologies to access personal information of visitors to the Sites. This Privacy Policy covers the use of cookies by Triplemint and does not cover the use of cookies by any third parties, including advertisers or partners.
Information Collected from Third Parties:
If you choose to register on our Site or otherwise link your Tosh Marks Property Group account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services. We may receive additional information about you, such as demographic data, employment information and social media networking information from third party partners and service providers and combine it with other information that we have about you.
HOW DO WE USE YOUR INFORMATION?
In addition to the uses set forth above, we may use information that we collect about you or that you provide to us, including any Personal Information:
to present the Services and its contents to you;
to provide you with information or services that you request from us;
to fulfill any other purpose for which you provide it;
to present you with advertising that we believe will be of interest or useful to you;
to contact you regarding the Services or your account;
to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
to notify you about changes to the Services or any services we offer or provide though the Services;
to conduct research and development for the improvement of the Services, the development of new services and offerings and in connection with our business;
to third parties that are interested in contacting you or providing offers to you that may be related to our Services or about products or services you may find of interest, and we may be compensated for such disclosure;
as required by law or ordered by a court, regulatory, or administrative agency such as to comply with a subpoena, bankruptcy proceedings, or similar legal process;
in any other way we may describe when you provide the information; or
for any other purpose with your consent.
If you do not want your information shared as described above, then you should not provide us with your information.
HOW, AND WITH WHOM, IS MY INFORMATION SHARED?
Third Party Partners and Service Providers:
We may receive additional information about you, such as demographic data, employment information, or fraud detection information, from third party partners and service providers and combine it with other information that we have about you. We work with third party partners and service providers to perform Services on our behalf, and we may share your Personal Information, such as your email address, with such partners and service providers to help us provide the Services.
Email and Phone Communications with Us and Other Users:
As part of the Services, you may occasionally receive email, phone and other communications from us, such as communications relating to promotions we are offering through the Services. You acknowledge and agree that by posting information on or through the Services, or requesting that we do so on your behalf, we and our Agents, the landlords, tenants, buyers or sellers relevant to your request for Services, and others may send you e-mail, contact you or engage in other communications that they determine in their sole discretion relate to your profile or use of the Services. You may opt-out of receiving communications from us by following the instructions included with such emails, or emailing us at unsubscribe@ToshMarks.com. Note that this opt-out only applies to messages from Tosh Marks Property Group and not third parties.
Information Shared with Our Agents:
We contract with people and other entities, including our independent contractor licensed real estate salespersons and brokers, that may offer or provide services to you ("Agents"). We may share Personal Information with our Agents in connection with their provision of services to you related to the sale, purchase, lease or financing of properties and the advertising and marketing of such properties and related services. You hereby consent to our sharing of Personal Information with our Agents.
Information Disclosed Pursuant to Business Transfers:
In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this policy.
Information We Share in Connection with the Services Performed for You:
The information you provide, including, without limitation, your profile information, search criteria, user name, email, address, and co-habitant information, may be used to facilitate and provide the services for you and transactions within the Services. This may include, without limitation, sharing your Personal Information with potential landlords, owners, co-brokers, our Agents and our third party partners and service providers, as applicable, to your request for Services; and if you are landlord or owner, we may also share your Personal Information (such as name, listing address, etc.) to potential tenants, buyers, co-brokers, our Agents and our third party partners and service providers, as applicable, in connection with the Services.
IS PERSONAL INFORMATION ABOUT ME SECURE?
You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account. We endeavor to protect account information to ensure that it is kept private; however, we cannot guarantee the security of any account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. We otherwise store all of our information, including your IP address information, using industry-standard security techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you we store, Personal Information or otherwise.
WHAT INFORMATION CAN I ACCESS?
We may allow you to access certain information about you for the purpose of viewing, and in certain situations, updating that information. This list will change as the Services change. When you update information, however, we often maintain a copy of the unrevised information in our records. You may request deletion of your account by sending an e-mail to our webmaster at hello@triplemint.com. Please note that some information may remain in our records after deletion of your account.
WHAT ABOUT INTERNATIONAL USERS?
Your information may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, We transfer Personal Information to the 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.
WHAT HAPPENS WHEN THERE ARE CHANGES TO THIS PRIVACY POLICY?
Tosh Marks Property Group reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of the Services following the posting of changes to this policy will mean you accept those changes. If we make any material changes to this Privacy Policy, we will post the updated Privacy Policy here and may notify you by email or by means of a notice on our website.
WHAT IF I HAVE QUESTIONS OR CONCERNS?
Please contact us if you have more questions. If you have any questions about this policy, please email us at info@toshmarks.com. You can also write to us at: 453 East 84th Street New York, NY 10028.
Effective Date: June 28th, 2021.