Privacy Policy

Effective Date: March 2024

1. Introduction

This Privacy Policy explains our processing practices as they apply to the Personal Data covered by the Privacy Policy. Please take a moment to read this document to learn more about how we collect, use, and otherwise handle your Personal Data, as well as the choices and rights you have regarding how we do so.

Side, Inc. is a real estate technology and services company headquartered in San Francisco, California. Our company provides a real estate brokerage platform, time-saving technology, and premier support services that empower top-producing agents to own their own companies without the burden of operating a brokerage. For more information about our products and services, please refer to our website at www.side.com.

For California residents, please review the section of the Privacy Policy that applies to California residents.

References to “Side,” “we,” “our,” or “us” in this Privacy Policy refer to Side, Inc. and the applicable Side affiliate(s) involved in our data processing activities and as connected to our services, which collectively include:

the use of www.side.com (“website”);
the use of the Side App at agent.sideinc.com (“application”);
social media messages and marketing campaigns; and
the use of our products and services.

This Privacy Policy sets out the essential details relating to your Personal Data relationships with Side as:

A website visitor (including mobile websites);
An application user;
A prospective customer;
A Side Agent;
A customer of a Side Agent; and/or
Any other individual who interacts with us or whose Personal Data we obtain (excluding employees, job applicants and contractors).

If you click on a link to a third-party website or enable a connection, the third party may be able to collect, use, or share information about you. In such cases, this Privacy Policy does not apply to those websites, applications, products, or services. We advise you to review each company’s privacy policy.

2. Side’s Roles & Responsibilities

Unless otherwise noted, Side is the controller of your Personal Data where we determine how and why to use your Personal Data. This policy does not extend to instances where Side is processing data as a processor or service provider to another controller. In the instances where a Side Agent (and/or agent affiliate) using our platform and services is the controller, please contact the specific Side Agent directly for further information on the specific privacy policies that apply.

3. Personal Data We Collect

3.1 Information You Choose to Provide to Us

WHEN

We may ask you to provide Personal Data when:

You use the Side website;
You request a demo;
You are a prospective customer;
You connect with us directly via phone calls or video conferencing platforms;
We grant you access to the Side application;
You, a Side Agent, or a transaction coordinator upload or enter Personal Data into the application;
You participate in marketing or sales promotion events;
You participate in our referral program;
You attend trade and other industry networking events;
You register or attend a webinar or other event;
You participate in programs we may offer from time to time; and/or
You participate in chats.

When participating in our referral program, you agree that you have the permission of any third parties whose contact information you choose to give us (such as their name, email address, and company).

WHAT

We collect Personal Data that may include first and last name, email address, phone number and/or company name through our webforms.

As a user of the application, we collect your name, email address, and any comments you post in the application.

In addition, we may collect data uploaded by you, your employer, a Side Agent or other users of the application that may be required to use Side services. We expect all users to follow their organization’s privacy policy and any applicable regulatory requirements when uploading, accessing and using Personal Data into our application. The data uploaded may include Personal Data like:

Employee names, email addresses and contractual agreements;
Vendor names, email addresses, contractual agreements, financial information, or other Personal Data necessary for Side services; and/or
Customer names, property addresses, email addresses, and financial information used to provide services within the Side application.

Further information, including specific obligations of Side can be found in our service agreements and/or data processing agreements.

3.2 Information We Collect Automatically

WHEN

We collect information about your visits to the website and the application when you land on any of our web pages through cookies and similar tracking technology.

For further information about the types of cookies we use, you can access our Cookie Policy at www.side.com/cookie-policy/.

WHAT

The information collected includes:

access times;
the pages you view;
the links you click on;
the search terms you enter
actions you take in connection with any of the visited pages;
your device information such as IP address, location, browser type and language;
the Uniform Resource Locator (URL) of the website that referred you to our website; and
the URL you browse away from our pages if you click on an external link.

We may also collect information when you open email messages from us or click on links within those email messages.

3.3 Information We Collect From Agents

We may receive certain information about you from our agents if you decide to utilize an agent that makes use of our services. Such information may include Personal Data, such as your name, date of birth, age, email address, mailing address, phone number, employment information, social security number, demographic information, rental listing information, financial information, credit card or other payment information, background check information, rental application information, information contained in any lease or purchase agreement you are negotiating or entering into, photo identification, reference letters, bank statements, income tax returns, or address of a listing you intend to rent, or other information an agent may request from you that is required by law or is otherwise required to facilitate a real estate transaction. By providing this information to our agents, you understand that we may store such information and contact you to send you information about a real estate transaction, the services, Side, or for any other reason set forth in this Privacy Policy.

3.4 Information We Collect From Third Parties or Publicly Available Sources

WHEN

We may combine the data we gather from your direct contacts with us with data we gather from other third parties. In addition, we may obtain other information about you from our business partners (including data brokers and advertising partners), government agencies that release public records, and other publicly available sources and combine them with the information we already have about you, including demographic information, information from social media networking and imprints, and information for fraud prevention.

WHAT

The Personal Data collected includes your name, email address, business address, job title, company name, real estate license number, and telephone number.

4. How We Use Personal Data

We use your Personal Data to:

Deliver the contracted services and allow full use of the website or the Side application functionality as purchased by our customers;
Deliver training and support to our application end users and/or carry out the transactions you have requested;
To communicate with you directly through emails, calls, chats and video conferencing;
Process payments for application subscriptions;
Send communications to you about:
- New application features and upgrades
- Our services and offerings
- Event announcements
- Product notices and changes to our terms and policies
- Particular programs in which you have chosen to participate
- Promotional offers and surveys
- Scheduling demos and managing free trials
Carry out market research to understand how to improve our products and services and their delivery;
Advertise and market our products and services, including delivering interest-based advertisements on this website and other sites or content syndication platforms and websites;
Create and manage marketing campaigns;
Generate sales leads and increase our market share;
Analyze user clicks and usage of the website and application, and make predictions about interests and preferences in order to improve the user experience and maximize usage of our services;
Manage our website and application to maintain and deliver the contracted functionality and services;
Enforce our website and application terms and/or separate contracts (if applicable) with you;
Prevent fraud and other prohibited or illegal activities;
Protect the security or integrity of the website, application, our business or our products and services; and/or
Otherwise, as disclosed to you at the point of collection or as required or permitted by law.

Please note that sometimes we may record and/or store the video conferencing call or chat in which you participate to analyze and improve our staff’s communication skills. If we do so, we will be announcing it at the beginning of the conference call or chat, and will provide a link to our Privacy Policy.

5. How We Share Personal Data

5.1 Our Application and Services

If you are a user of our application, your Personal Data may be viewed by other users with access to the application.

5.2 Service Providers

We use third parties to help us provide our services. They will have access to your information as collected through our website, application and/or other means and only as reasonably necessary to perform the contracted tasks on our behalf. We sign contractual agreements to obligate them to protect the Personal Data, only use it to deliver the contracted services to us, prohibit them from selling it and not disclose it without our knowledge and permission.

Service Provider Groups	Business Purpose	Information Collected by the Service Provider
Operational Vendors	Enable vendors to perform operational services on our behalf	We only allow or share information we have about you for disclosed purposes in the Privacy Policy, including to perform the services we have asked for or provide services that you have requested.
Advertisers and Marketers	Market our products and promotional offerings to you and to enable you to provide feedback on products or services you use	We only share information where necessary to support our core business functions and internal operations, including providing marketing assistance, administering our ratings and reviews, supporting customer surveys, and for enhanced customer service.
Strategic Business Partners	Provide you with third-party tools and services that are integrated with our systems and used to support and grow your real estate business activities, such as website services, marketing tools, CRM tools, etc.	We only allow access or share information where needed to provide services on our behalf or you have requested, and consistent with your consent and as permitted or required by law.
Suppliers	Provide you with reports and policies that are related to your real estate transaction, and provide services directly to you.	We only share information required to generate the relevant report or policy, and for customer support.

5.3 Sales, Sharing or Targeted Advertising

We may “sell” or “share” your Personal Data with third parties for the purposes of providing ancillary services, including, but not limited to, offering home warranty policies and natural hazard disclosure reports, marketing our products and services via cross-context behavioral advertising, or running our promotions. Please submit a request to opt-out of the “sale” and “sharing” of your Personal Data by utilizing the Do Not Sell or Share My Personal Data link at the bottom of our www.side.com website.

We will disclose your Personal Data to third parties only as outlined in this Privacy Policy. Except as otherwise provided herein, we do not sell, rent, barter, share or otherwise disclose Personal Data, such as names, email addresses, mailing addresses or phone numbers, so that third-party advertisers may send you their advertisements or other solicitations.

5.4 Links to Third Parties

This website may contain links to websites maintained by third parties. If you submit Personal Data to any of those sites, your information is governed by their privacy policies. We encourage you to read the privacy policy posted at those websites carefully.

5.5 Legal Disclosures

It is possible that we may need to disclose Personal Data when required by law, subpoena or other legal processes as identified in the applicable legislation.

We attempt to notify our customers about legal demands for their Personal Data when appropriate in our judgment unless prohibited by law or court order or when the request is an emergency.

5.6 Change in Control

We can also share your Personal Data as part of a sale, merger, change in control or in preparation for any of these events.

Any other entity which buys us or part of our business will have the right to continue to use your data, but only in the manner set out in this Privacy Policy unless you agree otherwise.

6. How We Secure Personal Data

We are committed to protecting the security of all of the Personal Data we collect and use.

We use a variety of physical, administrative and technical safeguards designed to help protect it from unauthorized access, use and disclosure. We have implemented best-practice standards and controls in compliance with internationally recognized security frameworks. We use encryption technologies to protect data at rest and in transit.

7. Your Rights

We provide the same suite of services to all of our customers and end users nationwide.

We offer the following rights to all individuals regardless of their location or applicable privacy regulations.

For Personal Data we hold about you, you can:

Access your Personal Data or request a copy.

You have the right to obtain information about what Personal Data we process about you or to obtain a copy of your Personal Data.

If you have provided Personal Data to us, you may contact us to obtain an outline of what information we have about you or a copy of the information.

You have the right to be notified of what Personal Data we collect about you and how we use it, disclose it and protect it.

This Privacy Policy describes what Personal Data we collect and our privacy practices. We may also have additional privacy notices and statements available to you at the point of providing information to us directly.

Change or correct your Personal Data.

You have the right to update or correct your Personal Data or ask us to do it on your behalf.

Delete or erase your Personal Data.

You have the right to request the deletion of your Personal Data at any time. We will communicate back to you within reasonable timelines the result of your request. We may not be able to delete or erase your Personal Data, but we will inform you of these reasons and any further actions available to you.

Object to the processing of your Personal Data.

You have the right to object to our processing of your Personal Data for direct marketing purposes. This means that we will stop using your Personal Data for these purposes.

Ask us to restrict the processing of your Personal Data.

You may have the right to ask us to limit the way that we use your Personal Data.

Export your Personal Data.

You have the right to request that we export to you in a machine-readable format all of the Personal Data we have about you.

If you would like to exercise any of the rights described above, please submit a request by clicking the Do Not Sell or Share My Personal Data link at the bottom of our www.side.com website or by contacting us at privacy@side.com. You also have the right to lodge a complaint with the local organizations in charge of enforcing the privacy legislation applicable in your territory.

8. How Long We Keep Your Personal Data

We retain information as long as it is necessary to provide the services to our clients, subject to any legal obligations to further retain such information.

We may also retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our Terms of Service and take other actions permitted by law.

The information we retain will be handled following this Privacy Policy.

Information connected to you that is no longer necessary and relevant to provide our services may be de-identified or aggregated with other non-personal data. This information may provide insights that are commercially valuable to Side, such as statistics of the use of the services.

9. Other Important Information

We process data within the United States and rely on legally provided mechanisms to lawfully transfer data across borders, such as contracts incorporating data protection and sharing obligations. We provide the capability for the return, transfer and/or disposal of Personal Data in a secure manner.

We will only collect and process your Personal Data where we have a lawful reason for its collection.

When you visit our website and provide us with your Personal Data, we collect and use it with your consent. As an application end user, you consent to our collection of your Personal Data when you log in for the first time.

You can review our terms of service here: www.side.com/terms-of-service/.

Where we rely on your consent to process Personal Data, you have the right to withdraw or decline your consent at any time. If you have any questions about the lawful bases upon which we collect and use your Personal Data, please contact us at privacy@side.com.

How to select your communications preferences

You may choose to receive or not receive marketing communications from us. Please click the “Unsubscribe” link in the email we sent you to stop receiving marketing communications.

You may choose which information we collect automatically from your device by controlling cookie settings on your browser or by selecting your preferences via the pop-up cookie banner on the web page. To learn more about our Cookie Policy, please visit www.side.com/cookie-policy/.

Even if you opt-out of receiving marketing communications, we may still communicate with you regarding security and privacy issues, servicing your account, fulfilling your requests, or administering any promotion or any program in which you may have elected to participate.

10. For Individuals Based in California

Under the California Privacy Rights Act (‘CPRA’) – which amended and expanded on CCPA, consumers may be able to exercise the following rights in relation to the Personal Data about them that we have collected (subject to certain limitations at law):

The right to access/know any or all of the information relating to your Personal Data that we have collected, processed or disclosed in the preceding 12 months (upon verification of your identity). For details on the categories of Personal Data we have collected and/or shared, refer to section “3.0 Personal Data We Collect” and “5.0 How We Share Personal Data” in the notice. Side will provide a copy of the consumer’s Personal Data in a portable and, to the extent technically feasible, readily usable format that allows the consumer to transmit the data to another controller without hindrance.
The right to request the deletion of Personal Data we have collected from you.
The right to opt-out of Personal Data sales to third parties now or in the future.
The right to opt-in to Personal Data sales to third parties for consumers under the age of 16. However, we do not sell Personal Data of minor consumers.
The right to opt-out of sharing of Personal Data to third parties now or in the future. To view the information we have shared in the preceding 12 months, refer to section “5.0 How We Share Personal Data” in the notice.
The right to request rectification/correction of inaccurate Personal Data, considering the nature and purposes of the processing of the information.
The right to limit use and disclosure of sensitive Personal Data to that which is necessary to perform the services or provide the goods reasonably expected by an average consumer.

Please note that if exercising these rights limits our ability to process Personal Data (such as a deletion request), we may no longer be able to provide you with our products and services or engage with you in the same manner. Additionally, Side has established processes (including reviewing business processes, systems and resources on a periodic basis) to ensure consumers who exercise any of the above rights under California privacy law are not discriminated against.

11. How to Exercise Your Consumer Rights

To exercise any of your right mentioned above, please submit a request by clicking the Do Not Sell or Share My Personal Data link at the bottom of our www.side.com website or contacting us at privacy@side.com.

We will need to verify your identity before processing your request.

In order to verify your identity, we will generally require sufficient information from you so that we can match it to the information we maintain about you in our systems. Sometimes we may need additional Personal Data from you to be able to identify you. We will notify you.

We may decline a request where we cannot verify your identity or locate your information in our systems or as permitted by law. In this case, we may request that you provide additional information reasonably necessary to authenticate you and your request.

You may choose to designate an authorized agent to make a request under the CCPA on your behalf. No information will be disclosed until the authorized agent’s authority has been reviewed and verified. Once an authorized agent has submitted a request, we may require additional information (i.e., written authorization from you) to confirm the authorized agent’s authority.

If you are an employee/former employee of a Side customer that uses our application and services, please direct your requests and/or questions directly to your employer or former employer.

If you are a third party (auditor, business associate, etc.), who was given access to the Side application by a Side customer, please direct your requests and/or questions directly to the Side customer that gave you access.

If Side does not take action on your Consumer Rights Request within the 45 days, or in the event of an extension, within the maximum 90-day response period, we will inform you in writing of the reasons for not taking action, as well as provide an explanation of any rights you have to appeal the decision. For opt-out or limit use and disclosure requests submitted under the CCPA, Side will respond as soon as feasibly possible, with up to a maximum of 15 days.

12. Minors Under Age 16

Our application and services are intended for business use, and we do not expect them to be of any interest to minors. We do not intentionally collect any Personal Data of consumers below the age of 16. If you believe that a child under 16 may have provided us their Personal Data, please contact us at privacy@side.com.

13. Changes to Privacy Policy

This privacy policy is effective as of March 2024 (and amended thereafter) and will remain in effect except with respect to any of its provisions that are changed in the future, in which case the changes will become effective on the date they are posted on the website or application, or if we otherwise notify you of the changes. We reserve the right to change this privacy policy at any time. Changes, modifications, additions, or deletions will be effective immediately on their posting. You should check this policy periodically as its terms may change from time to time. Your continued use of the website and application after we post any such modifications will constitute your acknowledgment of the modified policy and your agreement to abide and be bound by the modified policy.

14. Contact Information

You may contact us to exercise any of your rights or ask for more information about your Personal Data and our privacy practices by contacting us at privacy@side.com or by submitting a request utilizing the Do Not Sell or Share My Personal Data link at the bottom of our www.side.com website.