Privacy

Last Updated: July 16, 2024

Your privacy is important to us at Spectora, Inc. and its affiliates (collectively “Spectora,” “we,” “us,” or “our”), and we are committed to safeguarding, preserving, and respecting your privacy rights.  This online privacy Policy (the “Policy”) describes how we collect, use, disclose, and secure the personal information we gather about you through our website, https://www.spectora.com/ (the “Site”), the inspection software (the “Platform”), when you use our sites, apps, and when you otherwise interact with us (collectively, the “Services”).

Our Services are used by inspectors connection with the services they provide to their homebuyer clients. This Policy does not govern any information collected by the inspectors on their own behalf, and you should consult their privacy policies to become familiar with their data collection and usage practices.

For purposes of this Policy, personal information means data that classifies as personal information, personal data, personally identifiable information, or similar terms under applicable data privacy and security laws and regulations.  It does not include data excluded or exempted from those laws and regulations, such as aggregated, anonymized, or deidentified data.  We reserve the right to use aggregated, anonymized, or deidentified data for any purposes.  Nothing in this Policy will constitute an admission or evidence that any particular data privacy or information security law or regulation applies to Spectora generally or in any specific context.

1. You Consent to This Policy

Please read this Policy carefully.  By using the Services, you confirm your agreement with this Policy.  If you do not agree, you cannot use the Services.

This Policy applies regardless of how you access the Services and covers all technologies or devices through which the Services are made available.

We may provide you with additional privacy notices as needed. This Policy should be read in combination and harmonized with any such policies.

If you have any questions or concerns about our personal information practices, refer to the “Contact Us” section for assistance. 

2. Types of Information We Collect

We collect information you voluntarily provide directly to us, information that we collect automatically when you interact with the Services, and information collected from third parties.  We use the personal information you enter to provide the Services to you and enhance the functionality of the Platforms. The categories of personal information that we collect and the purposes for which we collect that information are described below. Additionally, we may also collect and use your information to suggest additional services or products that may be of interest to you, including those offered by third parties.

(a) We Collect Personal Information from Inspectors When They Use Our Services

When Inspectors use our services we collect Personal Information in order to provide the Services.

This information includes the customer name and contact information, the number of inspectors to be using the Services, and the years of experience.

We will use this information for advertising and marketing purposes, analytics and research, and customer service.

We may use this Personal Information for targeted advertising and we may share this information with Business Partners, Affiliates, Service Providers, and other Third Parties. Other third parties may include Analytics Providers and Third Party Advertisers.

(b) We Collect Personal Information from Homebuyers When They Use Our Services:

When you sign up for an account, sign up for a newsletter, fill out a form, or request information about Spectora products and services, we collect Personal Information to facilitate the Services.

The Personal Information we may collect and use for the purpose of administering our Services includes:

• First and Last Name
• Email Address
• Account Credentials
• Postal Address
• Phone Number
• Payment Processing Information
• Debit or Credit Card Information

We will use your Personal Information to provide the Services, including to improve operations, the Platform, and offerings, and for security purposes. We may also use it to present our Site and its contents in a suitable and effective manner for you and your device.

We may use this Personal Information for targeted advertising and we may share this information with Business Partners, Affiliates, Service Providers, and other Third Parties. Other third parties may include Analytics Providers and Third Party Advertisers.

(c) We Collect Personal Information When We Provide Customer Service:

We will collect Personal Information you provide to use when you contact Customer Service. This information may include your name, email address, a description of the issue you are having, your location, and your purchase history.

We will use your Personal Information to provide you with customer service to troubleshoot issues, and respond to requests, questions or comments.

(d) We Collect Personal Information from Marketing and Advertising Campaigns:

We may collect Personal Information you provide when you respond to marketing materials, promotions, contests, or other surveys. It is used for advertising and marketing, analytics and research, and customer service.

The Personal Information used for Marketing and Advertising includes:

• First and Last Name
• Username
• Email Address
• Products You Have Purchased
  

This information may also include any content you post that is publicly accessible. Content generated by the user is used in this way for account management, research, and customer service.

We will use this information to advertise promotions, products, or Services that we think may be of interest to you.

We may use this Personal Information for targeted advertising and we may share this information with Business Partners, Affiliates, Service Providers, and other Third Parties. Other third parties may include Analytics Providers and Third Party Advertisers.

(e) We Collect Personal Information for Analytics and Research:

We collect analytics information automatically as you navigate our Services, such as through cookies, tracking pixels, tags or similar tools that collect information about your browser, device, geolocation, and interactions with the Services, Site, or emails.  It is used for advertising, marketing, research, customer service, and website security.

(f) Other Ways We May Collect, Use, or Share the Information

We may also reserve the right to collect, use, or share personal information for the following purposes:

• To Provide the Services.  We will use your personal information to provide the Services, including to improve operations, the Platform, and offerings, and for security purposes.
• To Present the Site.  We will use personal information to present our Site and its contents in a suitable and effective manner for you and your device.
• For Legal Purposes.  We reserve the right to cooperate with local, provincial, state, federal and international officials in any investigation requiring either personal information or reports about lawful or unlawful user activity on this site.  We also reserve the right to share your personal information to establish, exercise, or defend our legal and property rights, including providing information to others for the purposes of fraud prevention.  We may also share your personal information with any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.
  
  If we are ordered by a legal process or government to provide data about one or more individual users, we will notify those users of our compliance with that order, to the extent permitted by law.
• Business Partners and Affiliates.  We may collect personal information from and share personal information with our business partners and affiliates, including legal advisors and financial advisors, co-branded partners, and other third parties.  We may combine that information with other information we collect about you, but we will always use the information as described in this Policy.  We may also share information with our affiliates, subsidiaries, joint ventures or other companies under common control.
• Business Transactions or Mergers.  We reserve the right to share your personal information to third parties as part of any potential business or asset sale, merger, acquisition, investment, round of funding, or similar type of transaction.  Additionally, if we are entering into a corporate transaction with a third party, we may receive personal information in connection with the diligence.  If we close a transaction, the third party may transfer personal information, which we would use as described in this Policy.
• Bankruptcy or Insolvency.  In the event of bankruptcy, insolvency, or dissolution proceedings, we may share your personal information with third parties as part of the sale or reorganization process.
• Customer Service.  We will use your personal information to provide you with customer service to troubleshoot issues, and respond to requests, questions or comments.
• To Train Artificial Intelligence Systems. We may use de-identified information in aggregate form to train systems that use artificial intelligence or machine learning. This information may include information about the business and the home inspection to improve the Platform and Services.
• Provide Information and Opportunities.  We will use your personal information to advertise promotions, products, events, or Services that we think may be of interest to you.
• Service Providers.  We use service providers to perform various functions on our behalf, including background screening service providers.  Such service providers will be under contractual obligations to safeguard your personal information and only process it in accordance with our instructions, or as otherwise permitted by applicable laws.  We may also receive personal information from service providers.
• Text Message Opt-In Information refers to the consent you provide to receive marketing messages from us via text or similar methods. We do not sell your personal information, and we will not share it with any third parties for purposes beyond what you have explicitly agreed to. This information is never sold or shared with third parties without your explicit consent.

3. How We Use “Cookies” and Other Tracking Technologies

We may send one or more cookies to your computer or other device.  We may also use other similar technologies such as tracking pixels, tags, or similar tools when you visit our Services.  These technologies can collect data regarding your operating system, browser type, device type, screen resolution, IP address, and other technical information, as well as navigation events and session information as you interact with our Services.  This information allows us to understand how you use the Services.

(a) Cookies

Cookies are small files created by websites, including our Services, that reside on your computer’s hard drive and that store information about your use of a particular website.  When you access our Services, we use cookies and other tracking technologies to:

• • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our Services according to your individual needs;
  • Contact you to provide information or services that you request from us;
  • Advertise new content, events, and services that relate to your interests;
  • Provide more personalized content that is most relevant to your interest areas; and
  • Recognize when you return to our Services.

We set some cookies ourselves and others are set by third parties.  You can manage your cookies preference as described in the “Managing Your Cookies” section below.

(b) Types of Cookies and Their Functions

The following chart lists the different types of cookies that we and our service providers use on the Services, examples of who serves those cookies and links to the privacy notices and opt-out information of those cookie servers.  Because the specific cookies we use may vary over time, as well as differ by the specific page you are browsing, the below chart is illustrative only.

 

We do not use analytical tools in a manner that discloses to third parties that a specific person viewed specific video materials.

(c) Cookie Retention Period

Some cookies operate from the time you visit the Services until the end of that particular browsing session.  These cookies, which are called “session cookies,” expire and are automatically deleted when you close your Internet browser.

Some cookies will stay on your device between browsing sessions and will not expire or automatically delete when you close your Internet browser.  These cookies are called “persistent cookies” and the length of time they will remain on your device will vary from cookie to cookie.  Persistent cookies are used for a number of purposes, such as storing your preferences so that they are available for your next visit and to keep a more accurate account of how often you visit the Services, how your use of the Services may change over time, and the effectiveness of advertising efforts.

(d) Managing Your Cookies

It may be possible to block cookies by changing your Internet browser settings to refuse all or some cookies.  If you choose to block all cookies (including essential cookies), you may not be able to access all or parts of the Services.

You can find out more about cookies and how to manage them by visiting https://ico.org.uk/for-the-public/online/cookies/.

(e) Site Response to "Do Not Track" Signals

At this time, our Site does not respond differently based on a user’s Do Not Track signal. 

4. Your Privacy Rights

Under certain privacy laws, some state residents are entitled to various privacy rights. Although they may not all apply to Spectora, the states with privacy laws that will be in effect in 2024 include California, Colorado, Connecticut, Montana, Oregon, Texas, and Utah.

Spectora values its customers’ privacy, and it therefore affords these rights to all users regardless of their state of residency. The chart below explains these rights.  To exercise any of the following rights listed in the chart below, please email us using the information set forth in the “Contact Us” section below. 

 

Sensitive Information

We will process Sensitive Data in accordance with any applicable privacy laws.  In some instances, that means we will not collect Sensitive Data without first obtaining your consent or providing you with the right to opt out. 

(f) Exercising Your Rights

If you wish to exercise one of the above rights, please contact us at privacy@spectora.com.

If necessary, we may request additional information reasonably necessary to authenticate you and your request.

In certain circumstances, you may make a request on behalf of another such as if you are an authorized agent or the parent or guardian of a child on behalf of whom you wish to exercise their rights.

We will respond to these consumer requests, if applicable, within 45 days of receipt of the request and without undue delay.  If we need to extend this period, we will notify you of the delay and explain the reasonably necessary justifications for our delay.

We will provide responses to your requests free of charge unless certain exclusions apply, depending on the state in which you reside.

(g) Appealing a Rights Request Decision

If you are a resident of Colorado, Connecticut, or Virginia, and we deny or fail to take action on your request to exercise your applicable consumer privacy rights, you may appeal our decision.  To do this, you may email us at privacy@spectora.com. In the email appeal, please specify the right(s) you requested to exercise and the date you made such a request.

We will inform you in writing within 45 days of any action taken or not taken in response to the appeal.  We will also provide a written explanation of the reasons for our decisions regarding your request(s).

5. Nevada Users' Rights

Under Nevada law, certain Nevada consumers may opt out of the sale of certain personally identifiable information for monetary consideration.

If you are a Nevada resident who has purchased or leased goods or services from us, you may (A) submit a request to opt out of any sales, and/or (B) request changes to your “covered information” by emailing us at privacy@spectora.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request.

6. Advertising and Marketing Choices

We respect your rights in how your personal information is used and shared. We may communicate with you via email, telephone, postal mail, and/or your mobile device about our products and services. If at any time you would like to unsubscribe from receiving future marketing emails, you can email us at privacy@spectora.com, or follow the instructions at the bottom of each applicable email, and we will promptly remove you from those marketing correspondences that you choose to no longer receive.  Please note, however, that we may still need to contact you regarding other matters.

6. European User Rights

This section of our Privacy Policy is applicable to persons located in the European Union (“EU”), an European Economic Area member state (“EEA”), United Kingdom (“UK”), or Switzerland as well as to persons whose personal information is processed in or transferred from the EU, EEA, UK, or Switzerland.  You are entitled under the EU General Data Protection Regulation and UK General Data Protection Regulation (collectively, the “GDPR”), to the information in this section of our Privacy Policy.

Your Rights

You are entitled by law to access, correct, amend, or delete personal information about you that we hold.  A summary listing these rights appears below.  Please note that these rights are not absolute and certain exemptions may apply to specific requests that you may submit to us.

To exercise these rights, please contact us using the information below in the “Contact Us” section.  For your protection, we may need to verify your identity before responding to your request.  In the event that we refuse a request, we will provide you a reason as to why.

Asking us to access your personal information

You have the right to obtain from us confirmation as to whether or not we are processing personal information about you, and if so, the right to be provided with the information contained in this Policy.  You also have the right to ask us for copies of your personal information.  When making a request, please provide an accurate description of the personal information to which you want access. Where requests are repetitive or manifestly unfounded or excessive, we may charge a reasonable fee based on administrative cost.

Asking us to rectify your personal information

You have the right to ask us to rectify information you think is inaccurate.  You also have the right to ask us to complete information you think is incomplete.

Asking us to delete your personal information

You have the right to ask us to erase your personal information if:

• We no longer need it for the purposes for which we collected it;
• We have been using it with no valid legal basis;
• We are obligated to erase it to comply with a legal obligation to which we are subject;
• We need your consent to use the information and you withdraw consent; or
• You object to us processing your personal information where our legal basis for doing so is our legitimate interests and there are no overriding legitimate grounds for the processing.

However, this right is not absolute.  Even if you make a request for deletion, we may need to retain certain information for legal or administrative purposes, such as record keeping, maintenance of opt-out requirements, defending or making legal claims, or detecting fraudulent activities.  We will retain information in accordance with the “How Long Your Personal Information Is Kept” section below.

If you do exercise a valid right to have your personal information deleted, please keep in mind that deletion by third parties to whom the information has been provided might not be immediate and that the deleted information may persist in backup copies for a reasonable period (but will not be available to others)

Asking us to restrict our use of your personal information

You have the right to ask us to place a restriction on our use of your personal information if one of the following applies to you:

• You contest the accuracy of the information that we hold about you, while we verify its accuracy;
• We have used your information unlawfully, but you request us to restrict its use instead of erasing it;
• We no longer need the information for the purpose for which we collected it, but you need it to deal with a legal claim; or
• You have objected to us using your information, while we check whether our legitimate grounds override your right to object.
  

The right to transfer your personal information to another service provider

You have the right to ask that we transfer the personal information you gave us from one organization to another, or give it to you (i.e., data portability).  This applies to personal information we are processing to service a contract with you and to personal information we are processing based on your consent.

The right to withdraw consent

If we obtain your written consent to collect and process your personal information, you can subsequently withdraw such consent as to any further processing of such information.

The right to lodge a complaint with a supervisory authority

If you believe your rights under the GDPR have been violated, the GDPR gives you the right to file a complaint with your supervisory authority. A list of supervisory authorities is available here:  EEA and EU Data Protection Authorities (DPAs); Swiss Federal Data Protection and Information Commissioner (FDPIC); UK Information Commissioner’s Office (ICO).

Rights related to automated decision-making

To the extent that we engage in decision-making based solely on automated processing, including profiling, which produces legal effects concerning you or which significantly affects you, you have the right not to be subject to such decision-making.

Right to object to processing

You have the right to object to the processing of your personal information that is based on legitimate interests or your consent (rather than when the reason for using it is to perform an obligation due to you under a contract with us).  If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or we can demonstrate the processing is for the establishment, exercise, or defense of legal claims.  You can object to the processing of your personal information by contacting us using the information in the “Contact Us” section below.

Legal Basis for Processing Your Personal Information

We collect your personal information to provide our products and services to you; otherwise, we may not be able to process the transactions you request.  We will only process your personal information when we have a lawful basis for doing so.  If you are in a country in the EU, EEA, UK, or Switzerland, you are entitled to an explanation of the legal basis we rely on to process your personal information.  The legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it, which is discussed below. 

• Consent.  We may process your personal information based on your consent such as when you purchase a service or ask us to send you certain kinds of marketing communications.  You have the right to withdraw your consent at any time without affecting the lawfulness of the processing based on consent before its withdrawal.
  • Children’s Consent. We do not knowingly process data of EU, EEA, UK, or Switzerland residents under the age of 16 without reasonably verified parental consent
• Our Legitimate Interests.  We may process your personal information if doing so is necessary for our legitimate interests relating to our business purposes arising from your relationship with us, and your rights as an individual do not override those legitimate interests.  For example, our legitimate interests include but are not limited to when we process your personal information to carry out fraud prevention activities and activities to increase network and information security, identify usage trends, determine the effectiveness of promotional campaigns, expand our business activities and improve our services and the content and functionality of our Services.  Our legitimate interests also include providing you with the products and services you request, view, engage with, or purchase and communicating with you regarding your account or transactions with us.
• To Perform a Contract.  We may process your personal information to administer and fulfill contractual obligations to you.  We will also collect and process your personal information as necessary for the performance of a contract to which you are a party.
• To Enable Us to Comply With a Legal Obligation.  We may process your personal information to comply with legal obligations to which we are subject.  This may include any requirement to produce audited accounts, any legal obligation to share information with law enforcement agencies, public or governmental authorities, and to comply with legal process.
• Necessary for the Exercise or Defense of Legal Claims.  If you bring a claim against us or we bring a claim against you, we may process your personal information in relation to that claim.

Depending on the situation, we may be the controller or the processor for personal information collected from residents of the EU, EEA, UK or Switzerland.  If you have any questions about or need further information concerning the legal basis on which we collect and use your personal information for any specific processing activity, please contact us using the “Contact Us” section below.

Cross-Border Transfers of Personal Information

Our Services are operated in the United States.  Personal information about you provide while in the EU, an EEA member state, the UK, or Switzerland may be transferred to the United States.  The United States does not have an adequacy decision or adequacy regulation.  The GDPR permits such transfers when necessary for the performance of a contract between you and us, if we obtain your explicit consent to such transfer, or if it is in our legitimate interest to transfer the personal information.  The laws in the United States may not be as protective as the GDPR or the laws of other jurisdictions where you may be located.  If we transfer personal information from the EU, EEA, UK, or Switzerland, or another country with cross-border transfer obligations, we will provide an appropriate safeguard, such as using standard contractual clauses.

7. How Long Your Personal Information Is Kept

We will retain your personal information until the personal information is no longer necessary to accomplish the purpose for which it was provided.  We may retain your personal information for longer periods for specific purposes to the extent that we are obliged to do so in accordance with applicable laws and regulations, to protect you, other people, and us from fraud, abuse, an unauthorized access, as necessary to protect our legal rights, or for certain business requirements.

We will delete your personal information when it is no longer necessary for the purpose for which it was collected, or upon your request, subject to exceptions as discussed in this Policy or under applicable law, contract, or regulation.

You can access and update certain personal information we hold about you at any time by logging into your account via the Services.

8. Our Commitment to Data Security

The security of your personal information is important to us.  We take various reasonable organizational, administrative, and technical measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction.  If required by law to do so, we will notify you and/or the relevant supervisory authority in the event of a data breach.

However, we cannot and do not guarantee complete security, as it does not exist on the Internet.

9. Where Your Personal Information Is Held

We process personal information on third party servers in the United States of America, and may do so in other countries.  If you use our Services or otherwise provide us with information from outside of the United States, you expressly consent to the transfer of your data to the United States, the processing of your data in the United States, and the storage of your data in the United States.

10. Third Party Links

Our Services may contain links to third-party websites.  When we provide links, we do so only as a convenience and we are not responsible for any content of any third-party website or any links contained within.  It is important to note that this Policy only applies to our Services.  We are not responsible and assume no responsibility for any personal information collected, stored, or used by any third party as a result of you visiting third-party websites.  We also advise that you carefully read the privacy notice of any third-party websites you choose to visit.

11. Children’s Privacy

Our Services are not intended for children under 16 years of age, and we do not knowingly collect personal information from children under 16.  In the event that we learn that we have collected personal information from a child under age 16 without verification or parental consent, we will immediately delete that information.  If you believe that we might have any information from or about a child under 16, please contact us using the information provided in the “Contact Us” section below.

12. Policy Changes

This Policy may change from time to time.  If we need to change this Policy at some point in the future, we will post any changes on this page.  If we make a significant or material change to this Policy we will notify you.  You should check these terms when you use the Site.  Your continued use of the Services constitutes acceptance of the most current version of this Policy.

13. Contact Us

If you have any questions about this Privacy Policy, please contact us by email at privacy@spectora.com.