PRIVACY NOTICE

Effective date: January 1, 2020

Introduction

We at Home Buyers Warranty Corporation and our parents, affiliates, and subsidiaries (collectively referred to as “2-10 HBW”, “HBW”, “we”, “us” or “our”) respect the privacy of our users and customers (each referred to as a “user”, “your” or “you”). To demonstrate our commitment to the protection of your privacy, we have created this privacy notice (“Privacy Notice”). This Privacy Notice applies to www.2-10.com whether accessed via computer, mobile device or otherwise, and all related web pages (collectively the “Site”) as well as any services we offer (“Services”).

This Privacy Notice describes the personal information that we collect from you, or that you provide on this Site or through use of our Services, and how that information may be used or disclosed by us.

Our Site and Services are controlled, operated, and administered by 2-10 HBW from its offices within the United States. We provide the Site for informational purposes regarding our Services and there is not a guarantee that products or services may be available in your area. If you are accessing our Site from a location outside of the United States, you acknowledge and consent to the collection, storage, processing, and transfer of your personal information to our facilities in the United States and to those third parties with whom we share such information as described in this Privacy Notice. You may request additional product information through our Site by submitting a request by e-mail to email@2-10.com.

Please read this Privacy Notice carefully. By using or accessing our Site or Services, you acknowledge and agree to the terms of this Privacy Notice and the Terms of Use.

In addition to this Privacy Notice, you may receive and be covered by our Consumer Privacy Notice, as well as any other privacy disclosures that we provide to you with account opening documents.

What Kinds of Information Do We Collect About You?

We collect information as part of our business operations, to provide Services, to respond to requests and offer customer support, and to fulfill legal and contractual obligations. Through your use of the Site or Services, we may collect information that identifies you as an individual or relates to you as an individual (“Personal Information”). You voluntarily provide Personal Information directly to us, such as when you complete applications, service contracts, warranty contracts, or other forms. We also collect Personal Information as you navigate through the Site and from third parties.

Information You Provide

We may collect the following Personal Information that you voluntarily provide to us:

  • Information that you provide by filling in forms on our Site. This includes information provided at the time of submitting applications for home warranty coverage, service contracts, renewals, new home warranty enrollments, filing claims, or payments associated with any of these activities. For example, we may ask you to provide your first and last name, telephone number, e-mail address, password, physical address, and other information when registering for an account.
  • Information you provide when you report a problem with our Site or request information about our products and Services.
  • Details of transactions you carry out through our Site, including your credit card, debit card, or bank account information required to complete the transaction.
  • Records and copies of your correspondence (including home addresses, e-mail addresses and telephone numbers).
  • If you choose to interact with our Site by sharing on a social media platform, we may collect the information that you post. Please note that your comments will also be visible to the public, so you should never share Personal Information that you would like to keep private.
  • Information that you choose to provide if you apply for a job through the Site.
  • Information that you provide if you use our e-mail services. For example, we may ask you to provide your name, e-mail address, e-mail addresses for the recipients of the e-mail and a message. HBW may retain and monitor these messages.

Information Provided By Third Parties

We may receive certain Personal Information about you from third parties. For example, a user may be requested to provide Personal Information of other individuals, such as builders and broker/agents, when filling in forms on the Site or when sending e-mails using our e-mail services. If you submit any personal information about another individual to our Site, you are responsible for making sure that you have the authority to do so and to allow us to use their Personal Information in accordance with this Privacy Notice.

Information as You Navigate Our Site

We may automatically collect certain technical information through your use of the Site and Services, such as the following:

  • Usage Information: We collect certain information automatically through your use of the Site, such as which of the pages on the Site that you access, the frequency of access, and what you click on while on our Site. We may also collect information about your use of the Services, such as frequency of use.
  • Location Information: We may collect information about your actual location which may be determined from GPS and other sensors that may reveal information on nearby devices, Wi-Fi access points, and cell towers.
  • Device Information: We may collect information about the device you are using, such as hardware model, operating system, application version number, browser, and IP addresses.
  • Mobile Device Information: In addition to the Device Information listed above, when you access our Site via a browser on your mobile device, we may collect mobile network information including telephone number, the unique device identifier assigned to that device, mobile carrier, operating system, and other device attributes.

How Do We Use “Cookies” and Other Tracking Technologies?

Our Site may use cookies and other tracking technologies (such as web beacons and pixel tags) to identify users who have previously used our Site so that the user is recognized upon returning. Cookies are small files created by websites, including our Site, that reside on your computer’s hard drive and that store information about your use of a particular website. As you navigate through the Site, we use Cookies to collect any of the types of information noted above. This is aggregated statistical data about our users’ equipment, browsing actions and patterns, and may be derived from your Personal Information. While this statistical or aggregated information does not directly identify you, it may become personally identifiable if combined with other information.

Use of cookies helps us to improve our Site and to deliver more personal service by enabling us to:

  • Estimate our audience size and usage patterns;
  • Store information about your preferences, allowing us to customize our Site according to your individual needs;
  • Deliver advertisements tailored to your interests on third-party websites;
  • Speed up your searches; and
  • Recognize you when you return to our Site.

Although most web browsers are initially setup to accept cookies, if you prefer, you may decline the placement of a cookie on your hard drive by using the appropriate features of your web browser software or delete any existing cookies. Users should understand, however, that certain function of this Site may not function properly if your web browser does not accept cookies.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org.

You can understand which third parties have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website or, if you are located in the European Union, at the Your Online Choices website.  For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies or other tracking technologies to help us analyze how users interact with the Site, compile reports on the Site’s activity, and provide other services related to Site activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a return visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.

We have implemented certain third-party technologies, including Google Remarketing and Display Advertising features to collect data about visitors to our Site in order to, among other things, deliver advertising content on sites across the Internet in a manner that is specifically directed toward the interests expressed by the visitors while on our Site. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the Site. You can opt-out of Google’s use of cookies to serve ads based on your past visits to the Site via the following link: Google Ad Settings. We do not have access to, nor control over, third parties’ use of cookies or other tracking technologies.

Does the Website Respond to “Do Not Track” Signals?

There is currently no industry agreed upon response to a Do Not Track signal. At this time, our Site and Services do not respond differently based on a user’s Do Not Track signal.

How Do We Use the Information We Collect?

We may use information we collect about you or that you provide to us in the following ways:

  • To present our Site and its contents in a suitable and effective manner for you and for your device;
  • To provide you with information, products or Services that you request from us;
  • To advertise products and Services that we think may be of interest to you;
  • To establish and manage accounts, including by collecting and processing payments and completing transactions;
  • To provide our e-mail services;
  • To provide customer support, troubleshoot issues, manage accounts, and respond to requests, questions and comments;
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us; and
  • To notify you about any additions, upgrades or changes in our Services.

Who Do We Share Information With?

We may share information we collect about you or that you provide to us in the following ways:

  • To our subsidiaries and affiliates;
  • With non-affiliated third-party contractors and service providers as necessary to process payments, process and settle claims, issue or renew and process home service contracts, issue and process builders’ new home warranties, and to fulfill other related service or warranty obligations;
  • With non-affiliated third-parties which may provide products or services that we think may be of interest to you;
  • To third-party service providers to prepare, deploy, and analyze advertising content;
  • To third parties to comply with a court order or other legal obligation, enforce or apply our Terms of Use, or to protect the rights, property or safety of 2-10 HBW, our customers, or others.
  • In connection with, or during negotiations for, an acquisition, merger, asset sale, or other similar business transfer that involves all or substantially all of our assets or functions where the information is transferred or shared as part of the business assets (provided that such party agrees to use or disclose the information consistent with this Notice or gains your consent for other uses or disclosures); and
  • With your consent or at your direction, such as when you choose to share information or publicly post content and reviews (for example, social media posts).
  • We do not sell, rent or otherwise disclose mailing lists or other information obtained through our Site to any non-affiliated companies for their marketing purposes without your express permission.

 

What Choices Do You Have About Your Personal Data?

Marketing Communications

You may opt-out of our e-mail marketing communications to you by: (1) following the unsubscribe instructions provided in such communications, (2) sending an e-mail request to be added to our do not contact list to privacyofficer@2-10.com, or (3) sending a written request, with a clear heading, to 2-10 Home Buyers Warranty, Attn: Legal Department, 13900 East Harvard Avenue, Aurora, Colorado 80014.

Accuracy of Your Personal Information

We strive to maintain the accuracy of your information. In order to help us maintain accuracy, you have the right to reasonably access your information and request changes. If you believe any of your information in our possession is inaccurate, you may request that we amend or delete the information that you believe to be erroneous. If we concur with your conclusion, we will amend or delete the information in question.

Please write to our Privacy Officer at the address listed below to request correction or deletion of inaccurate information, or to ask any other questions about this Privacy Notice.

2-10 Home Buyers Warranty
Attn: Legal Department
13900 East Harvard Avenue
Aurora, Colorado 80014
E-mail: privacyofficer@2-10.com

 

California Privacy Rights

If you are a California user, you have certain rights with respect to the collection, use, transfer, and processing of your Personal Information, as defined by the California Consumer Privacy Act (“CCPA”). We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others. To exercise any of the rights below, please contact us via the contact information below. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information.

 

Collection of Personal Information

In the previous 12 months, we have collected the following categories of Personal Information:

Category

 

Examples

 

Collected in the Past 12 Months

 

A. Identifiers.

 

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

 

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

 

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some Personal Information included in this category may overlap with other categories.

 

YES

C. Protected classification characteristics under California or federal law.

 

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

 

YES

D. Commercial information.

 

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

 

YES

 

E. Biometric information.

 

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

 

NO

 

F. Internet or other similar network activity.

 

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

 

YES

 

G. Geolocation data.

 

Physical location or movements.

 

YES

 

H. Sensory data.

 

Audio, electronic, visual, thermal, olfactory, or similar information.

 

YES

 

I. Professional or employment-related information.

 

Current or past job history or performance evaluations.

 

YES

 

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

 

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

 

NO

 

K. Inferences drawn of the consumer.

 

Inferences drawn from Personal Information identified above to create a profile about a consumer reflecting a consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

YES

 

The above examples are illustrative examples from the CCPA and do not reflect the specific pieces of information we collect.

Personal Information does not include certain statutory exceptions, including, but not limited to, information covered by the Gramm-Leach-Bliley Act.

 

Sources From Which Personal Information Is Collected

We collect information in categories A (identifiers), B (personal information), C (protected classifications), H (audio data) and I (employment) directly from you. Certain information in category I (employment) are generated by us when you become an employee. Certain information in categories A (identifiers), B (personal information), and C (protected classifications) may be received from third parties.  We collect your information in category D (commercial) by keeping a log of your transactions. We collect information in categories F (internet), G (geolocation) and K (inferences) from your transactions with the Site.

 

Business or Commercial Purposes for Which Personal Information Is Collected

Your Personal Information is used for the following purposes:

  • Respond to your requests for services or products
  • Provide you with customer support and respond to your communications
  • Send you transactional or administrative communications, as well as certain Service-related announcements
  • Personalize your experience on our Site
  • Send you information relating to other programs, services, or products that we believe may be of interest to you
  • Run Site analytics to evaluate performance
  • Recognize you when you return to our Site
  • Carry out our obligations and enforce our rights arising from any contracts entered into between you and us
  • Fulfill our responsibilities as an employer

Third Parties With Whom Personal Information is Shared

 2-10 HBW shares your Personal Information with analytics and service providers, benefits providers, transaction processors, advertising providers, and law enforcement (if necessary).

In the preceding 12 months, we have disclosed the following Personal Information about consumers for business purposes:

  • We share content posted on our social media platforms (e.g., if a consumer “comments” on a story) with other consumers.
  • We allow certain companies to use cookies, web beacons, or other online tracking devices to enhance online experiences and customize advertising. For more information, please see the “How Do We Use ‘Cookies’ and Other Tracking Technologies” section.
  • We share information to our subsidiaries and affiliates in connection with providing the Services to you.
  • We share information with non-affiliated third parties that may provide products or services that we think may be of interest to you.

In the preceding 12 months, we have/have not sold Personal Information about minors.

In the preceding 12 months, we have sold the following Personal Information about consumers:

  • Information in categories A (identifiers), B (personal information), and D (commercial) to non-affiliated third parties that may provide products or services that we think may be of interest to you.

 

Individual Rights

Right to Know About Personal Information Collected, Disclosed, or Sold

You have the right to request that 2-10 HBW disclose the Personal Information it collects, uses, and discloses about you to third parties. There are two types of Rights to Know requests that you can make:

 

  1. Right to Know (Abbreviated Request): If you make a Right to Know (Abbreviated Request), you will receive the following information about you:
    1. Categories of Personal Information collected;
    2. Categories of sources from which Personal Information is collected;
    3. Business purpose for collecting or selling; and
    4. Categories of third parties with whom sold.
  2. Right to Know (Specific Pieces of Information Request): If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you:
    1. Specific pieces of Personal Information collected about you.

 

This information will be provided to you free of charge, unless 2-10 HBW determines that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period.

There are certain exceptions to a consumer’s right to Know, including exceptions relating to employment information. 2-10 HBW will state in its response if an exception applies.

 

Right of Deletion

You have the right to request that 2-10 HBW and our service providers delete any Personal Information about yourself which 2-10 HBW has collected from you upon receipt of a verifiable request. This right is subject to certain exceptions, including exceptions relating to employment information. 2-10 HBW will state in its response if an exception applies.

 

Right to Opt-Out of the Sale of Personal Information

You have the right to opt-out of the sale of your Personal Information by a business subject to certain laws and regulations.

2-10 HBW does not and will not sell your Personal Information.  In the event that 2-10 HBW intends to sell any Personal Information, it will update this Privacy Policy before selling such Personal Information.

 

Right to Non-Discrimination

You have the right not to receive discriminatory treatment for exercising the privacy rights conferred by California law. 2-10 HBW will not discriminate against you because you exercised any of your privacy rights, including, but not limited to, by: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level of quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

 

Submitting Requests

You can submit your request by calling us toll free at 855-210-4294 or via e-mail at privacyofficer@2-10.com.

 

Verifying Requests

 If you have an online account with 2-10 HBW, we will verify your identity through existing authentication practices.  However, making a verifiable request does not require you to create an account with us.  2-10 HBW must verify that the person requesting information or deletion is the California consumer about whom the request relates in order to process the request. To verify a California consumer’s identity, we may request up to three pieces of Personal Information about you when you make a request to compare against our records. We may also request that you sign a declaration under the penalty of perjury from the consumer whose Personal Information is the subject of the request.

We will only use Personal Information provided in your request to verify your identity and will delete any information you provide after processing the request. 2-10 HBW reserves the right to take additional steps as necessary to verify the identity of California consumers where we have reason to believe a request is fraudulent.

 

Authorized Agents

You may choose a person registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”). If you choose to use an Authorized Agent, 2-10 HBW requires that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with 2-10 HBW. Failure to do so may result in 2-10 HBW denying your request.

 

Contact for More Information

If you have any questions or concerns regarding your California Privacy Rights under this Privacy Notice, you may write to us at our postal address:

 

2-10 Home Buyers Warranty
Attn: Legal Department
13900 East Harvard Avenue
Aurora, Colorado 80014
E-mail: privacyofficer@2-10.com

 

Last Updated: January 1, 2020

 

How Do We Safeguard Your Information?

The security and protection of personal information is important to us, and we take administrative, technical and physical safeguards to protect the information from unauthorized access, misuse, accidental loss, or alteration.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee complete security of your personal information transmitted to our Site. Any transmission of such information is at your own risk.

Data Retention

In order to have accurate records of whom we received direct communications from or whom we sent communications to, we may indefinitely store the information you provide us through the Site.

Third-Party Web Sites

Our Site may include content from third parties or the Site may provide links to other websites that are not maintained or controlled by us.  This does not imply endorsement of the linked site or service by us. Such third-party websites may include social media platform features, such as the “share” button for Facebook, LinkedIn, and Twitter. These third parties may use cookies or other tracking technologies to collect information about you when you use our Site. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites and other online services.

We are not responsible for the privacy practices or the content of other web sites, and we encourage you to review the privacy policies of any third-party websites you visit through any links on our Site.

Children’s Privacy

Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, please do not register on this Site, make any purchases through the Site or send any information about yourself to us, including your name, address, telephone number or e-mail address. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will immediately delete that information. If you believe that we might have any information from or about a child under 13, please contact our Privacy Officer by e-mail at privacyofficer@2-10.com.

Changes to This Privacy Notice

We may add to, delete or change the terms of this Privacy Notice from time to time by posting a notice of the change or an amended Privacy Notice at the Site.  Your continued use of the Site is deemed to be acceptance of such changes.

How to Contact Us

Please contact us at privacyofficer@2-10.com with any questions or concerns you may have about your privacy and our data protection practices.

Arbitration

By using the Site, you agree to submit any disputes arising from, related to, and/or concerning this Privacy Notice, including but not limited to disputes arising from or concerning the scope of this arbitration agreement, interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this Privacy Notice or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association (“Rules”), by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding the Rules, however, such proceeding shall be governed by the laws of the state of Colorado. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages in any arbitration initiated under this section, except as may be required by statute.  This arbitration agreement is self-executing.