FLX Operating, LLC
Privacy Policy

Effective Date: May 14, 2018

Welcome to the felixhomes.com website (“Website”), which is owned and operated by FLX Operating, LLC (together with its related, affiliated, subsidiary, and/or parent companies, “FELIX”). This Website has been created to provide information about FELIX and the services it offers to you (“You” or “Your”). FELIX values Your privacy and protection of Your sensitive personal information. This Privacy Policy (“Privacy Policy”) outlines what information FELIX collects from You through the Website and how that information is used. Subject to the limited exceptions set forth herein, FELIX will only keep information that You submit through the Website for its own internal use.

REVISIONS TO THE POLICY

By viewing, accessing, or using the Website, You agree to this Privacy Policy and accept all terms and conditions without modification. Any offer by You to modify the terms of this Privacy Policy is expressly rejected. FELIX reserves the right to revise, change, amend, alter, modify or update (collectively, “Update”) this Privacy Policy and its other policies and agreements at any time and in any manner without notice to You. You are responsible for periodically checking for any Updates of this Privacy Policy by re-visiting the Website and using the “refresh” button on the Your browser. Any Updates supersede any prior versions immediately upon posting on the Website.

IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, OR ANY UPDATES HERETO, YOUR SOLE REMEDY IS TO NOT USE THE WEBSITE AND ANY SERVICES OFFERED BY FELIX.

INFORMATION COLLECTED

FELIX collects personally identifiable information (“Personal Information”) from You when You voluntarily provide such information, such as when You contact FELIX and/or submit an Inquiry (as defined below) including, without limitation, Your email address and/or other financial information regarding Your home, register with the Website and/or register for any of the services offered by FELIX. By voluntarily providing FELIX with Personal Information, You are consenting to FELIX’s use of it in accordance with this Privacy Policy.

FELIX will retain the Personal Information as long as Your account is active or as needed to provide You with any services requested by You. FELIX will retain and use Your information as necessary to comply with FELIX’s legal obligations, resolve disputes, and enforce FELIX’s agreements.

In addition, the Website may collect data that cannot be traced back to a specific individual (“Anonymous Information”). For example, FELIX may be able to keep track of your geographic location including, without limitation, through the use of Google Maps and other web mapping services (which are governed by Google’s privacy policy and other website agreements that You are solely responsible for reviewing). By way of another example, FELIX may be able to keep count of how many users have viewed the Website and specific content therein, keywords utilized to find the Website, or keywords utilized to search within the Website, but this information does not necessarily include information regarding users’ names, street addresses, telephone numbers or email addresses. In that regard, just by virtue of accessing, viewing, or using the Website, Anonymous Information will be collected by FELIX.

In addition and without limitation, the Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics may utilize “cookies” to help analyze how Users use the Website. The information generated by the cookie about the Your use of the Website (including, without limitation, the Your IP address) may be transmitted and stored by Google on its servers. Google may use this information for various reasons, as identified in more detail on Google’s terms of service. You shall review Google’s terms of service for more information in this regard.

In addition, the Website may use browser cookies to collect Anonymous Information. The Website may also incorporate web beacons or similar tracking technologies to allow FELIX to track how the Website is used. Such technologies are used to collect Anonymous Information, e.g. the name of Your internet service provider, the IP address of Your computer, Your browser software and operating system, the identity of any linked-form or linked-to website, and other similar information.

FELIX may combine Your Anonymous Information with Your Personal Information and/or similar information collected from other users to help improve the Website and FELIX’s products and services.

This Privacy Policy shall not apply to any unsolicited information You provide to FELIX including, without limitation, information posted to any public areas of the Website such as the blogs (“Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and FELIX shall be free to reproduce, use, disclose and distribute such Unsolicited Information to others without limitation or attribution.

INQUIRY

You may submit inquiries, feedback, comments, or other content (collectively, an “Inquiry”) to FELIX through the Website. You acknowledge and agree that by sending an Inquiry, Your personal information and/or any other information You supply, may be visible to third parties. You shall not share any information in Your Inquiry that You are not prepared to be public or to otherwise share with such other third parties. In that regard, You specifically acknowledge that FELIX has not implemented any security protocols in connection with maintaining the confidentiality of any information included in an Inquiry. In that regard, Your disclosure of same is at Your own risk. Moreover, Your Inquiry may be available for review by FELIX and/or other vendors, suppliers, contractors, and employees of FELIX. Moreover, FELIX may, from time to time, use third-party email servers to send and track receipt of the Inquiries, and analyze the pattern of inquiry activities via these third-party tracking systems.

All submissions of content, including without limitation, an Inquiry sent to FELIX, are accepted solely in accordance with and governed by, the Website’s Terms of Use and other Website policies.

THIRD PARTY ADVERTISERS AND LINKS TO THIRD PARTY WEBSITES

The Website may include advertisements and listings from third-party companies, which may include links to third-party websites. The advertisements placed by these companies are not affiliated, owned, maintained, or updated by FELIX. If You visit the websites of these third parties, You do so at Your own risk. In addition and without limitation, such third-party websites may use cookies and/or request and collect Your personal information. FELIX does not know of the policies of these independent third parties and is not responsible for the information collected or how the information is used by any third parties. FELIX also cannot confirm or in any way guarantee the accuracy of the information provided by those third parties on their websites. FELIX strongly recommends that You read and review the privacy and other policies of any other third-party websites that You may view.

INFORMATION SHARING

FELIX uses the Personal Information You provide in a manner that is consistent with this Privacy Policy. If You provide Personal Information for a certain reason, FELIX may use the Personal Information in connection with the reason for which it is provided. By way of example, if You provide Personal Information in order to obtain services from FELIX, FELIX will use the Personal Information to determine if You qualify for such services and to provide such services to You.

Except as otherwise provided in this Privacy Policy and/or any other agreement binding on You, FELIX will not intentionally distribute, rent or sell any information collected from You to third parties without your permission. FELIX may share any information collected from You, as set forth herein, amongst its parent companies, subsidiaries, affiliates, and other related entities and related websites. FELIX may be required by law enforcement or judicial authorities to provide Your Personal Information to the appropriate governmental authorities. If FELIX receives a request from law enforcement or judicial authorities or is otherwise required by law to reveal Your Personal Information, it reserves the right to provide the requested information.

FELIX may use Your Personal Information and Anonymous Information to help us improve the content and functionality of the Website and/or any services offered by FELIX, to better understand FELIX’s users, and to improve any services offered by FELIX. FELIX may also contact You in the future to tell You about services and/or products that FELIX believes will be of interest to You. If FELIX does so, each marketing communication FELIX sends You will contain instructions permitting You to “opt-out” of receiving future marketing communications. In addition, if at any time, You wish not to receive any future marketing communications or You wish to have Your name deleted from FELIX’s mailing lists, please contact FELIX at: contact@felixhomes.com. If FELIX intends on using any Personal Information in any manner that is not consistent with this Privacy Policy, You will be informed of such anticipated use prior to or at the time at which the Personal Information is collected.

SECURITY PROCEDURES

FELIX undertakes reasonable efforts to operate secure data networks which are protected by industry-standard firewall and password protection systems. FELIX undertakes reasonable efforts to review its security and privacy policies on a periodic basis and it may adjust and change the systems as necessary. Notwithstanding the above, and although FELIX is ever diligent in its security pursuits, it cannot guarantee the success of its efforts. FELIX undertakes no duty to provide notice to You of a security breach unless otherwise required to do so by law. FELIX hereby disclaims any and all liability for any breach of security that may or may not result in the sharing or dissemination of information collected from and/or provided by You. FELIX shall not be liable for damages of any kind including, without limitation, special, exemplary, punitive, indirect, direct, incidental, or consequential (including but not limited to lost profits or lost savings) and whether based in contract, tort, negligence, strict liability or otherwise, which arises out of or is in any way connected with FELIX’s collection of Your information, or the unintentional dissemination thereof.

SPECIAL CASES

It is FELIX’s policy to not use or share Your Personal Information in ways that have not been outlined or described herein without first allowing You a chance to opt-out or otherwise disallow such unrelated uses. However, FELIX may disclose Personal Information about You or information relating to Your use of the Website for any reason if, in its sole discretion, it determines that it is reasonable to do so including, without limitation:

A. To comply with laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information;

B. To reveal information that is needed to identify, contact, or bring legal action against a user who may be violating the terms of use or any other policies of the Website and/or other agreements with FELIX;

C. To operate the Website properly;

D. To protect the Website and its users; and/or

E. To fully cooperate with law enforcement authorities, private-party litigants and others seeking information about its users to the extent required by applicable law.

PROTECTION OF CHILDREN

FELIX does not knowingly collect or use any personal information from children (minors younger than 18) through the Website. If You are a parent and believe FELIX may have inadvertently collected such information from User’s child, please notify FELIX immediately by sending an email to contact@felixhomes.com.

ADDITIONAL INFORMATION

If You have any questions about this Privacy Policy, please feel free to contact FELIX via email at contact@felixhomes.com.

FELIX TRANSFERS OF INFORMATION

Information about You including, without limitation, the Anonymous Information and/or Personal Information, may be disclosed in association with certain business dealings such as any debt financing, acquisition or merger, sale of assets, and in the event of a bankruptcy, assignment for benefit of creditors or receivership in which particular information could be sold or transferred to other parties as an asset. By accessing, viewing, and/or using the Website and/or any of the services offered by FELIX, You consents to the Website’s use of Your information as outlined in this Privacy Policy.