Privacy Policy

Privacy Policy Changes

This Privacy Policy is subject to change. We encourage you to review it frequently for any revisions or amendments. Unless otherwise stated, changes will be effective immediately upon posting. You will be deemed to have been made aware of and have accepted the changes by your continued use of our Sites or Services. If we determine that a change to this Policy will result in using your Personal Information acquired before the change in a materially new way, we will provide you notice before using your Personal Information in the new way.

Conflict Between This Policy and Laws and Regulations

When federal, state, or local laws or regulations require a higher level of protection for your Personal Information, they take precedence over this Privacy Policy. Otherwise, the specific requirements of this Policy apply.

Personal Information

We may collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”), including:

• Identifiers such as name, mailing address, service address, email address, phone number, fax number, Aptive account login credentials;
• Characteristics of protected classifications under California or federal law such as age, marital status, gender, ethnicity, country of origin;
• Other demographic information such as the number and ages of children, what language(s) you speak; whether you own or rent a property, the number of persons living at the property, household income;
• Commercial information such as bank account number, payment card information, the type(s) of service subscribed to, service dates, customer type, account balance and status, information related to the financing of properties that you own or that we service;
• Internet or other electronic network activity information such as browsing/search history, IP address, data collected by cookies and similar technologies, device specifications such as device IDs, specifications, and operating system;
• Geolocation data such as precise geolocation data (only as described below) and non-precise geographic location indicators from mobile devices, websites and service addresses;
• Audio, electronic, visual, thermal, olfactory, or similar information such as call recordings, chat transcripts, and pictures or images of your properties;
• Professional/employment information such as employer, occupation;
• Education information such as education level;
• Inferences drawn from other Personal Information that relate to your preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes; and
• Personal Information as described in Cal. Civ. Code § 1798.80(e) to the extent collected under another category of Personal Information above.

Some of the Personal Information listed above may be considered Sensitive Personal Information under relevant privacy laws. This includes your Aptive account login credentials, ethnicity, country of origin, and precise geolocation data. Each type of Sensitive Personal Information may overlap with a category of Personal Information listed above.

The types of Personal Information we collect about you may vary based on how you use our Sites or Services, and your relationship with us.

Usage Data and Sites Activity

We automatically collect information in connection with the actions you take on our Sites (“Usage Data”). For example, each time you use our Sites, we automatically collect the type of web browser you use, the type of device you use, your operating system and version, your Internet Service Provider, your IP address, the pages you view, referring and exit pages, the date and time of your visit, and the number of clicks to, from, and within our Sites, and the duration of your visits to our Sites. If we can reasonably associate this information with you, directly or indirectly, we treat it as Personal Information under the categories of Identifiers or Internet or other electronic network information, as appropriate. If we cannot reasonably associate this information with you, we treat it as anonymous Usage Data.

Communication Recordings

We may record calls and retain the content of text messages, chat transcripts, emails, and other written/electronic communications between you and us. By communicating with us, you consent to our recording and retention of communications.

De-Identified Information

We may de-identify or anonymize Personal Information so that it is no longer capable of being associated with you and therefore is no longer Personal Information. We may use and disclose de-identified or anonymized information without restriction. We will not attempt to re-identify previously de-identified or anonymized information.

From You

We may ask you to provide us with Personal Information when you communicate with us online or offline, including events, surveys, and marketing or promotional programs. You are not required to provide us your Personal Information; however, if you choose not to provide the requested information, you may not be able to use some features of the Sites or Services or we may not be able to fulfill your requested interaction. We may also capture Personal Information when you contact us by phone, email, or through other means.

Third-Party Data Sources

We may collect Personal Information from third-party data sources such as data brokers, consumer reporting agencies, marketing agencies and partners, analytics firms, other consumers, and government agencies.

Cookies and Other Automated Tools

We and third parties use cookies (small text files placed on your computer to identify your computer and browser) and other automated tools such as tracking pixels and clear gifs (collectively referred to herein as “cookies”) to track your interaction with our Sites and to improve the experience of the Sites and Services, such as saving your preferences from visit to visit to present you with a customized version of the Website. Many web browsers are initially set up to accept cookies. You may be able to reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, certain features of our Sites may not work if you delete or disable cookies.

We use the following types of cookies:

• Strictly Necessary:  These cookies are essential to operate the Sites and provide you with services you have requested.
• Functional:  These cookies enable certain features or non-essential functionality on our Sites. For example, we might use these cookies to recognize you and remember your preferences or settings when you return to our Sites so we can provide you with a more personalized experience.
• Advertising Cookies:  These cookies allow us and third parties to learn more about you, including your use of our Sites and other websites, and advertise products/services that might interest you as further indicated below.
• Analytics Cookies:  These cookies help us and third parties understand how our Sites are working and who is visiting our Sites.

You can opt-out of certain types of cookies by clicking the “Cookie Preferences” link in the footer on our Sites.

If you arrive at our Sites by “clicking through” from another website, then certain information about you that you provided to that other website, such as the terms you searched that led you to our Sites, may be transmitted to us and we may use it. You should review the Privacy Policy of any website from which you reached our Sites to determine what information the operator collects and how it uses such information. We may retain information about you provided to us by other websites and will use it in accordance with this Privacy Policy. Such information may be associated with other Usage Data or Personal Information.

Interest-Based Advertising

We may work with third-party advertisers, search providers, and ad networks (“Advertisers”) to learn more about you and show you ads or other content that we believe would be relevant to you. Advertisers may collect and use information about your use of our Sites or Services as well as other websites and services. These companies may use cookies and other online tracking technologies to collect and use your information. We and/or Advertisers may also append other data to the data collected by Advertisers to create an interest profile of individual users. Our Privacy Policy does not cover any use by an Advertiser of information that they may collect from you. Advertisements may be shown via our Sites or on third-party websites.

If you do not want to receive interest-based advertising, you can also visit the Digital Advertising Alliance (DAA) Consumer Choice Page or the Network Advertising Initiative Consumer Opt-Out Page. These websites allow you to opt-out of participating interest-based advertising networks. Opt-outs are device and browser specific; therefore, you will need to set your opt-out preferences for each device and browser. Deleting browser cookies can remove your opt-out preferences; however, these organizations may offer browser extensions that help preserve the opt-out preferences you set. Please note that opt-outs only apply to interest-based advertising. You may still receive other types of online advertising.

Information from Advertisements

If you arrive at our Sites via an advertisement (e.g., banner ad), we may collect information regarding the advertisement with which you interacted and your interactions (e.g., item clicked, date and time).

Social Media Features

The Sites may include social media features, such as Facebook, YouTube, Pinterest, LinkedIn, Instagram, and Twitter widgets. These features may collect information about your IP address and the pages you visit on our Sites as well as other Personal Information. A cookie may be set to ensure that a feature properly functions. Your interactions with features are governed by the privacy policies of the companies that provide them and you should review the relevant privacy policies before interacting with these features.

Generally

We may use Personal Information, including Sensitive Personal Information, for business purposes, such as:

• Account creation, fulfillment, servicing and customer support:  to create customer accounts, allow customers to create online accounts and profiles, provide goods or services, keep customers informed about the status of their services, respond to questions and address customers concerns, deliver updates, upgrades and product improvement information;
• Marketing, market research, and analytics:  to send communications and offers for our or third parties’ products and services, including offers based on consumers’ interests, personal and business characteristics and location, perform analytics for market and consumer research, trend analysis, financial analysis, and anonymization of Personal Information;
• Collection and credit reporting:  to collect on outstanding balances, update credit reporting agencies;
• Surveys, promotional events, contests:  to administer surveys, polls, sweepstakes, contests, loyalty programs and other promotional events and contests;
• Other company communications:  to provide consumers with information that may be of interest such as company newsletters, announcements, reminders and service bulletins;
• Website use and analytics:  to provide you with access to and use of our Sites and Services, analyze consumers’ use of our websites, including the use of third-party web analytics services, which may utilize automated technologies to collect data (such as email and IP addresses);
• Eligibility and pricing:  to determine if consumers are eligible for certain products, services or offers and the pricing related to such offers;
• Product research:  to conduct research and analysis for maintaining, protecting, and developing services, increase and maintain the safety of our products and services, and prevent misuse;
• Business operations:  to evaluate, develop, and improve business operations, products and services offered, perform business administration and other normal business activities;
• Artificial intelligence:  to train, develop, and utilize artificial intelligence and machine learning systems that support or enable other business purposes listed herein;
• Compliance:  to comply with applicable legal requirements, industry standards, contractual obligations, our policies, and take actions that we deem necessary to preserve and enforce our rights and the rights of others;
• Information security and fraud prevention:  to operate information security and anti-fraud programs; and
• Other purposes:  as otherwise described to you at the point of collection, with your consent, or as otherwise required by applicable laws.

We do not use Personal Information to engage in profiling or automated decision-making that results in legal or similarly significant effects upon consumers.

Reviews and Testimonials

If you provide a review or testimonial, we may post it publicly on our Sites or in other advertising material. By providing a testimonial, you give us permission to use it in any manner and for any purpose, including in marketing and advertising communications.

Service Providers

We may provide your Personal Information to other businesses (“service providers”) to provide services to us or on our behalf. Categories of service providers we use include:

• Fulfillment and account servicing vendors, which help us provide products, services and information to you, service your account or benefits, and perform payment processing services;
• Payment processors, which help us to accept and process the payments for our products/services to you;
• Marketing and communications vendors, which help us market our products/services to you, conduct promotions, surveys and other outreach campaigns;
• Research and development vendors, which help us develop and improve our products and services;
• Data and business analytics vendors, which help us collect, analyze and improve the accuracy of our data (including Personal Information);
• IT and network administration vendors, which provide services such as data storage and management, website hosting, and data security;
• Professional service firms, which provide accounting, legal and other professional services; and
• General service providers, which help us with day-to-day business operations such as office support services, courier services, facilities management, and document destruction.

Each Service Provider is expected to use reasonable security measures appropriate to the nature of the information involved to protect your Personal Information from unauthorized access, use, or disclosure. Service providers are prohibited from using Personal Information that we provide to them other than as specified by us.

Third-Party Selling and Sharing

We may sell or share (for targeted or cross-context behavioral advertising purposes) your Personal Information with other companies who do not provide services to us (“third parties”), including affiliates, retailers, companies that provide other home services, other sellers of consumer goods or services, and advertising, social media, and analytics companies. Third parties may use your Personal Information for their everyday business purposes, including marketing, customer service, fulfillment, and related purposes.

We do not sell consent we obtain for text message communications to any third party for their use in marketing their own products or services.

OTHER THIRD-PARTY DISCLOSURES

We may occasionally disclose your Personal Information to third parties, for purposes such as:

• To comply with the law;
• To respond to legal requests (including court orders, investigative demands and subpoenas) if, in our discretion, we believe it is necessary or appropriate;
• To prevent or stop any illegal, unethical, or legally actionable activity;
• To protect the safety, property, or rights of ourselves, consumers, or any other third party;
• If we are merged, acquired, or sold, or in the event of a divestiture, restructuring, reorganization, or transfer of some or all of our assets and the disclosure is necessary to complete the transaction;
• To businesses controlling, controlled by, or under common control with us; and
• For additional purposes with your consent where such consent is required by law.

SUMMARY OF PRIVACY PRACTICES OVER THE PAST 12 MONTHS

This chart summarizes our privacy practices over the past 12 months, by category of Personal Information, as contemplated under certain privacy laws. Please note that we may not use or disclose each data element within a given category of Personal Information for the same purposes.

Links

The Sites may contain links to third party websites including social media platforms. Please be aware that if you access these links, you will be leaving our site. We encourage users to read the privacy policies of those sites, as we are not responsible for their content, links, or privacy procedures.

We recognize the importance of safeguarding the confidentiality of Personal Information from loss, misuse, or alteration. Accordingly, we employ commercially reasonable administrative, technical, and physical safeguards to protect Personal Information from unauthorized access, disclosure, and use. Even with these safeguards, no data transmission over the Internet or other network can be guaranteed 100% secure. As a result, while we strive to protect information transmitted on or through our Sites or Services, you do so at your own risk.

Children’s Privacy

The Sites and Services are not intended for children under the age of 18 and we do not knowingly collect, sell, share, or disclose Personal Information from children under the age of 18. If we become aware that we have inadvertently received Personal Information from a child under the age of 18, we will delete such information from our records.

We may collect in connection with an employee, job applicant, or contractor relationship:

• Identifiers such as name and address, social security number, driver’s license number, alien registration number, passport number;
• Characteristics of protected classifications under California or federal law such as age, marital status, gender, disability;
• Internet or other electronic network information browsing/search history, data collected by cookies;
• Geolocation information from mobile applications and vehicles or vehicle equipment, including precise geolocation;
• Audio, electronic, visual, thermal, olfactory, or similar information such as call recordings, chat transcripts, information collected in phone screenings and interviews;
• Educational information such as educational institutions attended, degrees received, college transcripts;
• Professional/employment information such as resumes, CVs, positions held, tenure, references, skill assessments;
• Medical information such as drug test results, doctors’ notes, leave of absence forms, workers compensation forms;
• Banking, financial and insurance information such as checking account and routing numbers for direct deposits, 401(k) account information, loans, mortgage documents and garnishment information, insurance policies and coverages;
• Beneficiary/Dependent information such as the names, social security numbers and gender of your beneficiaries/dependents;
• Inferences drawn from the above categories of Personal Information that relate to your characteristics, behavior, attitudes, intelligence, abilities and aptitudes, including criminal background information and driving history; and
• Personal Information as described in Cal. Civ. Code § 1798.80(e) to the extent collected under another category of Personal Information above.

Some of the Personal Information listed above may be considered Sensitive Personal Information under relevant privacy laws. This includes your social security number, driver’s license number, alien registration number, passport number, race, citizenship, medical information, and precise geolocation information. Each type of Sensitive Personal Information may overlap with a category of Personal Information listed above.

We collect this Personal Information directly from you in most cases. In some circumstances, third parties may provide your Personal Information to us, such as former employers, medical professionals, and/or insurers, or in connection with a background, employment, or reference check, subject to your consent where required by law. If you are a dependent, emergency contact, or beneficiary of a job applicant, employee, or contractor, we often collect this Personal Information from such person. We may also collect Personal Information from our review of your use of our (i) systems such as email, project management software, and communication platforms, (ii) authorized devices such as computers, tablets, telephones, and (iii) issued equipment and vehicles.

We may use this information to evaluate candidates for initial and continued employment; conduct background checks and drug screening; communicate with you; provide training and mentoring; provide benefits, services, and accommodations; maintain company security; facilitate company policies; comply with legal and contractual obligations; and otherwise operate our business. We use Sensitive Personal Information solely for employment-related purposes and to comply with applicable laws and regulations.

We may disclose Personal Information for employment-related purpose to:

• Employees, contractors, or designated agents who require such information to assist us with administering our relationship with you.
• Service providers who require such information to assist us with administering our relationship with you, including service providers who provide services to us or you or on our behalf. Service providers may include, but are not limited to, professional employment organizations, background check providers, and data storage or hosting providers. These service providers may be located outside of your home jurisdiction. We do not permit our service providers to use your Personal Information for their own purposes. We only permit them to use your Personal Information for specified purposes in accordance with our instructions.
• Third parties where required by law, to protect our rights and property and the rights of property of any related companies, during emergency situations or where necessary to protect the health or safety of persons, or if a business transfer or change in ownership occurs and the disclosure is necessary to complete the transaction.

In the past twelve months, we may have disclosed each category of Personal Information to the service provider and third parties listed above.

We do not sell or share (for cross-context behavioral advertising) Personal Information to Third Parties collected in the employer or contractor engagement context.

If you are a consumer who resides in California, Colorado, Delaware, Iowa, Nebraska, New Jersey, Oregon, Texas, Utah, or Virginia, or a job applicant or an employee who resides in California, you may have additional rights to access and control your Personal Information. Exemptions may apply. Consumer privacy rights include:

RIGHT TO OPT-OUT FROM THE SALE OR SHARING OF PERSONAL INFORMATION

You have the right to direct us not to sell or share (for targeted or cross-context behavioral advertising purposes) your Personal Information to third parties. We will process verified requests within 15 days, subject to any applicable exceptions and extensions permitted by law.

RIGHT TO KNOW

You have the right to request twice per 12-month period that we provide you (i) the categories or specific pieces of Personal Information we collected about you; (ii) the categories of sources from which your Personal Information was collected; (iii) the business or commercial purpose(s) for which we collected your Personal Information; and (iv) the categories of third parties with whom we sold, shared, or disclosed your Personal Information, including the categories of Personal Information sold, share, or disclosed to each and the purposes for doing so. Oregon residents will also receive either a list of the names of all third parties to whom we sold, shared, or disclosed either Personal Information or a list of the names of all third parties to whom we sold, shared, or disclosed Personal Information generally. We will not provide specific pieces of Personal Information unless you expressly request them.

To protect your Personal Information, you must provide the required information and/or documentation to verify your identity. We will process verified requests within 45 days, subject to any applicable exceptions and extensions permitted by law.

We are not permitted to provide access to specific pieces of Personal Information if the Personal Information is sensitive or creates a high risk of potential harm from disclosure to an unauthorized person such as financial information, social security numbers, and driver’s license numbers. If we withhold specific sensitive Personal Information, we will inform you of the type of information withheld. For example, if we withhold a social security number, we will inform you that we have a social security number on file.

RIGHT TO DELETE

You have the right to request that we delete any Personal Information we have collected about you. Please understand that we are not required to honor a deletion request if a legal exemption applies such as if we need the information to complete a requested or reasonably anticipated transaction, prevent security incidents or fraud, enable internal uses that are reasonably aligned with your expectations, or comply with legal obligations. To prevent unauthorized individuals from making deletion requests, you must provide required information and/or documentation to verify your identity. We will process verified requests within 45 days, subject to any applicable exceptions and extensions permitted by law. We will retain a record of your deletion request for at least two years as required by law.

RIGHT TO CORRECT

You have the right to request that we correct inaccurate Personal Information we maintain about you. After you request to correct inaccurate Personal Information, we will provide instructions for you to provide us with optional documentation to support your request and we will consider it. We may decline to correct your Personal Information if a legal exemption applies such as if we determine that your request is fraudulent or abusive or if we determine, based on the totality of the circumstances, that your correction is more likely inaccurate than accurate. We may decide to delete your allegedly inaccurate Personal Information instead of correcting it. We will process verified requests within 45 days, subject to any applicable exceptions and extensions permitted by law.

If you only wish to update your contact information or other Personal Information rather than disputing its accuracy, please make the changes directly in your account or contact us at [email protected]

RIGHT TO LIMIT USE OF SENSITIVE PERSONAL INFORMATION

If you are a California resident, you have the right to request that we limit the use of your Sensitive Personal Information as defined under California law to only exempt purposes such as to provide the goods and services reasonably expected by the average consumer who requests such goods and services, to prevent fraud, and to verify or maintain the quality or safety of goods or services we provide.

If you are a Connecticut, Colorado, Delaware, Iowa, Nebraska,  New Jersey, Oregon, Texas, Utah, or Virginia resident and you make a request to limit the use of your Sensitive Personal Information as defined under your applicable state’s law, we will treat that request as a revocation of your consent for us to collect and process your Sensitive Personal Information and will delete your Sensitive Personal Information subject to any exemptions available under applicable law.

RIGHT TO APPEAL

You have the right to appeal our decision to deny, in full or in part, one or more of your privacy requests. We will process appeal requests within 45 days of receipt, subject to any applicable exemptions and extensions permitted by law. If we deny your appeal, we will provide you with a written explanation of the reasons for our decision. If you are not satisfied with our explanation for the denial of your appeal, you may have an additional right under certain laws to contact your state Attorney General to submit a complaint about the appeal results. In such case, we will provide you with instructions for doing so.

SUBMITTING A PRIVACY REQUEST

If you are a resident of a state that provides privacy rights and would like to exercise a privacy right, you may submit a request by calling us at 855-457-1367 or submitting your request through our online privacy request form. Please be specific in your request and provide at least your name, phone number, and property address. After you submit your request, we may contact you to obtain additional information necessary to verify your identity. For example, we may require you to verify certain information in our files or submit a signed declaration under penalty of perjury verifying your identity. We will not be able to process certain requests without verifying your identity, so please respond promptly to our request.

To opt-out of third-party data collections from our Sites that qualify as sales or relate to targeted advertising, you may select cookie preferences using the link in the footer on our Sites. Our Sites also recognize and process Global Privacy Control (GPC) signals. If we can reasonably associate a GPC signal with an identifiable consumer, we treat it as a request to opt-out of the sale or sharing of that consumer’s Personal Information as if the consumer made the request using one of the methods above. If we cannot reasonably associate a GPC signal with an identifiable consumer, we treat it as a request to opt-out of the sale or sharing of that user’s Personal Information collected while the signal is present. While the signal is present, we will also disable any third-party cookies or other third-party tracking tools present on the Sites.

AUTHORIZED AGENT

If you are an authorized agent submitting a request for another consumer, you must provide a copy of a lawful power of attorney or written signed authorization from the consumer (along with proof of your identity). After submitting the request, you will receive an email. You can respond to this email to provide the required documentation. We may contact you and/or the consumer on whose behalf you claim to act to verify your authorization.

NON-DISCRIMINATION NOTICE

We will not discriminate against any consumer for exercising their privacy rights under law or this Privacy Policy.

CALIFORNIA “DO NOT TRACK” DISCLOSURE

Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Currently, our Sites and Services do not respond to “do not track” signals.

If you have any questions about our Sites, Services, or this Privacy Policy, please call us at 855-457-1367, or send us a letter to the following address:

Aptive Environmental, LLC Attn: Legal Department 5132 N. 300 West, Suite 150 Provo, UT 84604