Privacy Statement

Updated: June 2021

1. Introduction

Sell more homes together, build customer trust together

Your privacy is important to us. This privacy statement (this "Policy") describes how MoxiWorks ("MoxiWorks," "our," "we," or "us") collects, uses, stores, processes, and shares the personal information of your brokerage’s agents and staff during their use of MoxiWorks Services. We ask you to please read this Policy before using the Services. Capitalized terms used but not defined in this Policy have the definitions provided in our Terms of Use (located at https://moxiworks.com/terms-of-use.) Parts of the Terms of Use affect this Policy, so unless you have already done so, please review the Terms of Use prior to using the Services.

Depending on your brokerage’s service agreement with MoxiWorks, product and service features available to you will vary. In the event of a conflict of information between this Policy and your service agreement, your service agreement’s terms will control. Product-specific and partner-specific privacy details are available in subsequent sections of this privacy statement. Please read and familiarize yourself with the details for the products, services, and integrated partner connections that your brokerage utilizes.

A Common Goal

MoxiWorks understands that your brokerage’s trusted relationships with its employees, agents, and customers builds the foundation for sustained business success. We collect personal information only when doing so helps us achieve our joint mission of selling more homes together.

MoxiWorks Serves as Your Data Processor and Technology Enabler

Your brokerage owns and manages the personal information submitted to MoxiWorks for users you’ve provisioned to use our products – typically, your affiliated agents and office staff – as well as any contacts submitted by your agents whose personal information is or may be part of a real estate transaction. MoxiWorks processes your brokerage’s personal information under your explicit instruction. In this capacity, when you use our technology we serve as your brokerage’s service provider or data processor.

Brokerage and Agent Client Contact Data

Any personal information submitted to MoxiWorks by an individual agent or the brokerage is the property of the submitting party and not the property of MoxiWorks. Brokerage policy may dictate accountability and ownership of personal information between the brokerage and affiliated agents.

2. Information Collected by Moxiworks

Personal Information

Also known as personal data or personally identifiable information (PII), personal information is any data that would allow MoxiWorks to contact, locate, or identify an individual (such as name, email address, postal address, or phone number).

The type of personal information you provide us varies depending on how your brokerage uses MoxiWorks products and services.

Personal Information Collected About Your Brokerage Staff and Agents

Brokerage personnel and agent contact information

When your brokerage activates MoxiWorks technology, you provide us the personal information of those staff members and agents who are authorized to use our products on behalf of your brokerage.

Agent profile information

Your brokerage’s authorized agents provide us with their name, phone numbers, email addresses, licensure details and titles, and MLS association identifications (“IDs”) when creating their profile.

Payment information

When an agent or other authorized member of your brokerage uses the MoxiWorks platform to facilitate purchases (such as for Facebook Ads), we will ask for information required for processing your payment – such as card number, expiration date, CVV code, and the billing address of the card holder. MoxiWorks does not store these details but passes them through encrypted channel to our trusted partners and payment processors (Braintree and Shopify). You can learn more about each processor’s privacy policies by visiting their sites’ privacy page from the links below.

https://www.shopify.com/legal/privacy

https://www.braintreepayments.com/legal/braintree-privacy-policy

Personal Information Collected About Your Brokerage’s Clients

Client contact information

The contact details from your brokerage’s clients may be made available for use in your MoxiWorks products and services in one of three ways: lead form submission name, email, and/or phone number from a MoxiWorks website; through authorized agents’ preferred online contact store, such as Gmail or O365; through contact submissions by authorized vendors via the MoxiCloud API.

Account credentials and login details for clients

Clients also may use your brokerage’s MoxiWorks website by signing into the website using a MoxiWorks account. Credentials created by your clients are personal information that MoxiWorks manages on your behalf.

Public Information and Commercial Transaction Data from Real Estate Activity

MLS

MoxiWorks uses a combination of publicly available MLS data and MLS data access that requires active MLS membership. Publicly available information primarily applies to properties, not individuals. However, when combined with personal information related to the owner of a given property, the MLS data may become personally identifiable. MLS data requiring active membership is restricted in our products to authenticated members. Only MLS data is ingested into the MoxiCloud and integrated with various tools that you use on the platform. MoxiWorks complies with local MLS rules and configures our products and services to adhere to those rules. For example, in MLS locales that don’t allow public display of the final sold price of a listing, MoxiWorks will not provide those details to clients.

Real estate transactions

Real estate transactions are recorded through the MLS and other sources, such as county and state tax and property data. This data describes a completed transaction between buyers and sellers of real estate. Certain details of these records, such as status change, sold date, and price, may be made available to your brokerage through MoxiWorks products and services.

Automatically Collected Information When You Use Our Products and Services

PC and Device Information

Like most other web-based applications and websites you visit, MoxiWorks collects system data from the computers or network-enabled devices you use to access our products and services. Examples of system data we capture include, but are not limited to IP address, browser type and language, device type, referring/exit pages and URLs, other browser history, platform type, cookie information, etc.

Cookies & Web Beacons

A cookie is a small text file that is stored on a computer or smartphone for record-keeping purposes. Our third-party analytics providers use cookies to record information about your activities while using the Service and to “remember” you when you return to the Service. Some cookies remain on your computer or device until you delete them. Others, like session ID cookies, expire when you close your browser. You may set your browser or device setting to attempt to reject cookies and you may still use the Service, however, certain features of the Service may not be available if your browser or device does not accept cookies. See subsection (f) below for more information on how the Service may respond to your browser or device settings. We do not control the use of cookies by third parties. See also subsection (e) below.

Web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) are tiny graphics with a unique identifier that are used to track the online movements of web or mobile app users. Unlike cookies, which are stored on a computer’s hard drive or your smartphone, web beacons are small graphics that are about the size of the period at the end of the sentence that are embedded invisibly on, for example, web pages or in HTML-based emails. Our third-party analytics providers may place web beacons on the Services that track what other websites you visit (both before and after visiting the Services). Our third-party analytics providers use information obtained from web beacons to help us improve our business and the Service. We do not control the use of web beacons by third parties.

Third-Party Analytics

We use analytics tools and other third-party technologies, such as Google Analytics and DoubleClick Cookies, to collect information about Service usage and users of the Service. These tools and technologies may use cookies and pixels to collect usage information from users that visit the Service, including information about the pages where users enter and exit the Service, what pages users view on the Service, time spent on each page, browser version, operating system, internet protocol address, and geolocation information. These technologies allow the third-party analytics companies to recognize a user when a user visits the Service and when the user visits other websites. The third -party analytics companies share the information they collect from the Service and from other websites with us and other website operators, including but not limited to age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items. Many of these companies collect and use information under their own privacy policies. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. For more information regarding Google’s collection methods and use of information, see the Google privacy policy by visiting the following link: https://policies.google.com/privacy?hl=en. If you would like to opt out of Google Analytics tracking, please visit the following link:https://tools.google.com/dlpage/gaoptout.

3. How MoxiWorks uses your information

Unless otherwise required by law, MoxiWorks will retain your personal information only as long as necessary for the uses described in this section. We do not undertake retention obligations through this privacy statement. We may dispose of information in our discretion without notice, subject to applicable law.

To provide products and services that work in harmony

MoxiWorks products and services combine various sources of data (personal information, public information, data feeds from partners, and more) into the overall user experience. Doing so enables workflows that present the right combination of data to the right user for the right scenario.

To improve our products and services

MoxiWorks uses the data it collects to improve our current offerings and build new offerings. By monitoring how brokerages and agents use our products and features, we can more efficiently fix usability issues and bugs. Combining this information with various feedback cycles, we can build features that flex with industry changes and overall customer demand.

To personalize your user experiences and the experiences of your clients

MoxiWorks uses the data it collects, both personal and non-personal information, to personalize your experience while using our products and services. This extends to client data that is uploaded into the MoxiCloud by your agents, which means your agents can create more impactful content and work with their clients in a much more personal and engaging way.

To operate and manage your experience while using our products and services

MoxiWorks uses the data it collects to monitor system availability, measure performance, ensure service levels are met, and provide you with customer support.

To communicate with you

We use collected personal information to contact you. You may opt-out of any promotional communication sent from MoxiWorks at any time. However, you may not opt-out of service-oriented communication (such as an email response to a support inquiry that you sent us or a service availability notification).

To promote security and compliance for our products and services, your brokerage, and the public

We use the information we’ve collected to verify accounts and activity across our products and services, detect and prevent spam and malicious content, and investigate suspicious events on our network and platform. We also use it to enforce contractual terms and conditions, assist law enforcement with legal inquiries, and comply with regulatory requirements. Additional information about how we use the information we collect is provided further in this privacy statement in Section 7 (“Other Important Privacy Information”).

4. How and When MoxiWorks Shares Your Information

Affiliated Entities and Service Providers

We may disclose your information, including personal information, to any affiliated entity or organization and/or service provider that provides support for MoxiWorks products or Services (such as analytics service providers) to help us operate the Service, improve our business or the Service, and to provide services to us. Use of information by affiliated entities and service providers will be subject to this Policy or an agreement at least as restrictive as this Policy. We will not share your personal information for marketing purposes with third parties for purposes unrelated to the Service without your explicit consent.

Business Partners

When MoxiWorks works with other businesses to offer products and services (such as a gift giving business or lead generation business), we may share information, including personal information, with those business partners only as needed to provide those products and services and subject to this Policy or an agreement at least as restrictive as this Policy.

Legal Requirements

In some cases, we may disclose your information, including personal information: (i) as required by any applicable law, rule, or regulation; (ii) if we believe disclosure is needed to protect our rights, property, or safety; (iii) to government regulators or law enforcement authorities in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Service; and (iv) to respond to a physical threat to you or another person.

Insolvency and Business Transitions

If we should ever file for bankruptcy or engage in a business transition such as an acquisition by or merger with another company, or if we sell or reorganize all or part of our business or assets, we may disclose your information, including, but not limited to, personally identifiable information, to prospective or actual purchasers or transaction participants in connection with these transactions.

Disclaimer

We cannot ensure that your personal information will never be disclosed in ways not otherwise described in this Policy. For example, a third party may unlawfully intercept or access transmissions or private communications, or other users of the Service may abuse or misuse your personally identifiable information. No transmission of data over the internet can be 100% secure.

5. Product Specific Privacy Information

MoxiWorks collects product usage data on all our products and services. We use this information to understand common user behavior and patterns, allowing us to continually improve workflows and our available feature set.

For product-specific privacy details, please review the following:

MoxiCloud – MoxiCloud is your brokerage’s platform for hosting and integrating its MoxiWorks products and services. Your brokerage’s office location, branding assets, listings, agent and employee profiles, partner integrations, and provisioned MoxiWorks products are managed through the MoxiCloud.

MoxiEngage MoxiEngage is your brokerage’s Customer Relationship Management (CRM) system. It captures the contact information of clients and prospects to facilitate promotional communication and streamline common CRM tasks. MoxiEngage supports your brokerage’s marketing activity with data points that help you better understand your client relationships. Email delivery and open analytics data, a client’s unsubscribe status for future campaigns, as well as public records data is presented via MoxiEngage.

MoxiPresent MoxiPresent is your brokerage’s customizable presentation builder. It personalizes presentations using client contact data, agent data, and team data, and integrates it with listing data from MLSs. Email delivery and open analytics are also integrated and provided for presentations created through MoxiPresent.

MoxiImpress - MoxiImpress is a suite of marketing tools that your brokerage uses to promote listings and impress clients. Agents using MoxiImpress create ads and post them on Facebook and other social networks and can track impressions and click-throughs of prospective clients. Automated marketing solutions delivered for your brokerage’s listings create branded content across print, digital, and social channels when the listing’s status changes.

MoxiTalent MoxiTalent is your brokerage’s recruiting tool. Agent contact and performance data is provided to enable your brokerage’s recruiters to rank prospects and track related staffing tasks you face during the hiring cycle.

MoxiWebsites – MoxiWebsites allows your brokerage to customize page content and optimize how clients and prospects learn about your agents, listings, and other relevant details important to them. Prospective clients who submit personal information through your website are added to MoxiEngage so they can be managed effectively through all phases of the client lifecycle. Your brokerage’s privacy policy should be added to the footer of your website, as your privacy policy and statement are not inherited from MoxiWorks.

MoxiHub - MoxiHub is your brokerage’s back-office solution that provides internal intranet solutions for agents and staff.

MoxiPromote - Allows your brokerage to leverage social media and internet advertising management tools for real estate organizations and their agents. Contact data submitted by prospective clients is used by MoxiWorks solely for communication and not for the purpose of audience creation. Listing and Roster data allows MoxiWorks to simplify advertising and search engine optimization (SSO) processes through automation.

MoxiBalance - back-office system designed for enterprise real estate brokerages and organizations seeking to manage the movement of money in clear, reportable, and convenient ways. Reporting gives brokers and agents visibility into transaction funds, earnest monies, commission splits, and other deductions.

ActivePipe - A platform that allows you to create, send emails, gather engagement, and behavioral intelligence (data) based on interaction between your list(s) and your emails. Artificial Intelligence (AI) is used to improve your marketing platform through use of your provided data.

For more details, please review ActivePipe’s Privacy Policy here.

6. Partner Specific Privacy Information

MoxiWorks products and services are provided through technology built by MoxiWorks, but also enhanced through different business partnerships with companies who help us achieve our mission. Partner services are integrated into and perform various functions for our platform - which in turn provides a more robust, one-stop-shop for your brokerage.

Partner integrations on the MoxiWorks platform span various services and offerings and may be fully integrated and cobranded with our products or are simply linked to from within our products to a given partner’s service or website. Although our privacy statement does not extend to the privacy practices of our certified partners or affiliated service providers, you can find the privacy statement for each by finding a specific partner (https://moxiworks.com/how-it-works/integrated-tools-services) and selecting the “privacy” links from their sites.

Integrated partner services are primarily user-initiated actions that your brokerage authorizes. This means that we only send the partner company the data required to fulfill the business objective for the activity you need done, acting only on directions you provide us.

7. Other Important Privacy Information

Accessing or Updating Your Personal Information

Most agents and staff can access, change, or update your personal information by logging into your account. Some agent and staff information are provided from your brokerage’s other roster management services and are transferred to MoxiWorks through secure feeds. You can also email privacy@moxiworks.com if you have any questions or concerns regarding information that MoxiWorks has collected about you.

If your account is terminated for any reason, your information will no longer be accessible through your account or associated with your account. However, activity that occurred prior to deletion may still continue to be stored on our systems or the systems of our service providers indefinitely.

Securing Your Personal Information

We exercise reasonable care in facilitating the transmission of information between your device or computer and the third-party servers that operate and store information for the Service. The personally identifiable information we collect is stored in operating environments that are not available to the public. While we have mechanisms in place to safeguard your personally identifiable information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

Children’s Privacy

The Service is Not For or Directed Towards Children. The Service is not intended for anyone under the age of 18. We do not intend to and will not knowingly collect any personally identifiable information from children under the age of 13. Children under the age of 13 are prohibited from using the Service. If we learn that we have collected information from a child under the age of 13, we will remove that information immediately and delete it from our servers. If you believe information from a child under the age of 13 has been provided to the Service, please notify us at privacy@moxiworks.com.

California Minors. While the Service is not intended for anyone under the age of 18, if you are a California resident under age 18 and you believe your information has become publicly available through the Service and you are unable to remove it, you may request removal by contacting us at privacy@moxiworks.com. When requesting removal, you must be specific about the information you want removed and provide us with enough information to find the data in our systems.

California Consumer Privacy Act (CCPA)

If you are a California resident, we process your personal information in accordance with the California Consumer Privacy Act (“CCPA”).

Sale of personal information. Under the CCPA, you have the right to request that (i) we disclose what personal information about you has been collected, used, disclosed, and sold, and (ii) we delete your personal information. You or an authorized agent acting on your behalf may submit a request for either a disclosure (i) or a deletion (ii). Authorized agents or delegates should provide the MoxiWorks support team with the name of the requestor who they are acting on behalf of, their brokerage name, and their MLS ID in order to authenticate the requestors information.

Your rights. MoxiWorks does not sell your personal information. Because of this we do not offer an option to opt-out of the sale of personal information.

Exercising your rights. You can exercise your rights and submit CCPA disclosure or deletion requests by (i) submitting a web form at https://moxiprivacy.zendesk.com/hc/en-us/requests/new or by (ii) contacting support through our dedicated toll-free line at (888) 447-0733. Exercising these CCPA rights will not result in discriminatory treatment from MoxiWorks, such as degrading your service quality or charging a higher fee for our products and services. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make such a request for access or data portability twice within a twelve-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an Account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to ninety (90) days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the twelve (12) month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We have collected the following categories of personal information from users in the last twelve (12) months. We obtain these categories of personal information with the methods described in Section 2 (Information Collected by MoxiWorks) and as described herein.

Processing your personal information under CCPA. The following section describes the personal information MoxiWorks collects, the collection source, the purpose or business rationale for processing it, and the categories of third-party recipients with whom the personal information is shared. For a description of the data included in each category, please see Section 2 (Information Collected by MoxiWorks).

Category	Examples	Are Any of These Collected?
A. Identifiers.	A real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.	YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).	A name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.	YES
C. Protected classification characteristics under California or federal law.	Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).	YES
D. Commercial information.	Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.	YES
E. Biometric information.	Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.	NO
F. Internet or other similar network activity.	Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.	YES
G. Geolocation data.	Physical location or movements.	YES
H. Sensory data.	Audio, electronic, visual, thermal, olfactory, or similar information.	Yes
I. Professional or employment-related information.	Current or past job history or performance evaluations.	YES
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information.	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES

Personal information under the CCPA does not include:

Publicly available information from government records.

De-identified or aggregated consumer information.

Additionally, the following types of personal information are excluded from the CCPA’s scope:

Certain health or medical information otherwise covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and

Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category F: Internet or other similar network activity.

Category H: Sensory data.

We disclosed users’ personal information for a business purpose to the following categories of third parties as further discussed in Section 4:

Service providers.

Affiliated companies.

Analytics providers.

Identifiers

Brokerage personnel and agent contact data collected through use of our products and services, including those provided by integrated MoxiWorks co-branded partners or affiliated business service providers.

Processing purposes

Performing services on behalf of your business; Auditing compliance for marketing functions; Detecting security incidents; Debugging to identify errors that impact functionality; Short-term transient use (ads/customizing ads); Undertaking internal research for development of new products, services, functions.