Privacy Policy

Effective July 1, 2026

POLICY STATEMENT

Rivington Holdings Inc. d/b/a Perchwell (“Perchwell,” “we”, “us”, or “our”) provides a web and mobile platform for multiple listing services, associations of realtors, real estate brokers, agents, and professionals and each of their respective clients, including an array of market intelligence, search, analytic, and collaboration software tools and solutions. This Privacy Policy describes how Perchwell collects, processes, uses, and discloses personal information that we collect through our digital or online properties or services that link to this Privacy Policy (including as applicable, our website, mobile application, social media pages, live events, and other activities described in this Privacy Policy (collectively, the “Service”)). Perchwell may provide additional or supplemental privacy policies to individuals for specific products or services that we offer at the time we collect personal information. 

NOTICE REGARDING USE OF CHAT, SESSION REPLAY, AND CALL RECORDING TECHNOLOGIES

Please note we may use chat technologies provided by third-party vendors that employ cookies and software code to operate the chat features you can use to communicate with us through the Service.  We and such third-party vendors may access and use information about webpages visited on our website, your IP address, your general geographic information (e.g., city, state), and other personal information you share through online chats for the purposes described in this Privacy Policy.  Perchwell and its third-party service providers use session replay technologies that record users’ interactions with the Service (e.g., users’ clicks, mobile app touches, mouse movement, scrolls, and keystrokes/key touches) in a manner that allows us to view and analyze visual reconstructions of those user sessions for quality assurance, research, development, and to diagnose usability issues and improve the Service. You acknowledge and agree that any telephone and/or virtual calls or other communications between you and Perchwell representatives and/or vendors may be recorded and/or monitored for training, quality assurance, or other legitimate business purposes.  

The Service may contain links to websites, mobile applications, and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites, mobile applications, or online services operated by third parties, and we are not responsible for their actions. We encourage you to read the privacy policies of the other websites, mobile applications, and online services you use.

BY ACKNOWLEDGING THIS PRIVACY POLICY AND/OR BY ACCESSING THE SERVICE, YOU CONSENT TO THE TERMS OF THIS PRIVACY POLICY, INCLUDING WITHOUT LIMITATION, THE USAGE OF DATA AS DESCRIBED HEREIN, AS WELL AS EXPRESSLY CONSENTING TO: (1) THE MONITORING AND RECORDING OF CHAT COMMUNICATIONS BY PERCHWELL AND ITS VENDORS FOR QUALITY ASSURANCE, TRAINING, AND OTHER LEGITIMATE BUSINESS PURPOSES, AS DESCRIBED ABOVE AND FURTHER HEREIN BELOW, AND (2) THE USE OF SESSION REPLAY TECHNOLOGIES THAT EMPLOY SOFTWARE CODE TO RECORD USERS’ INTERACTIONS WITH THE SERVICE IN ORDER TO DIAGNOSE USABILITY PROBLEMS AND IDENTIFY AREAS FOR IMPROVEMENT, AS DESCRIBED ABOVE AND FURTHER HEREIN BELOW. PLEASE NOTE THAT ACCESSING THE SERVICE DOES NOT CONSTITUTE YOUR CONSENT FOR USES OF PERSONAL INFORMATION FOR WHICH YOU HAVE THE RIGHT TO OPT-OUT OR OPT-IN UNDER APPLICABLE LAW.  THIS PRIVACY POLICY CAN BE VIEWED BY CLICKING THE “SETTINGS” ICON UNDERNEATH YOUR ACCOUNT INITIALS LOCATED AT THE UPPER RIGHT SIDE OF THE WEB PLATFORM AND CLICKING ON “PRIVACY POLICY.” TO HAVE A COPY OF THIS PRIVACY POLICY SENT TO YOU, PLEASE CONTACT PERCHWELL AT SUPPORT@PERCHWELL.COM, AND INCLUDE YOUR FULL NAME, EMAIL ADDRESS, YOUR MLS OR BROKERAGE AFFILIATION (IF APPLICABLE), AND THE REAL ESTATE AGENT AND BROKERAGE YOU ARE WORKING WITH (IF APPLICABLE).

In accordance with applicable privacy laws, the following information summarizes the categories of personal information we may have collected in the past twelve (12) months, the sources from which it may have been collected, the legitimate business purposes for which it may have been collected, and the categories of third parties with whom it may have been disclosed.

PERSONAL INFORMATION COLLECTED

• Profile data, such as the username and password that you may set to establish an online account on the Service, date of birth, redemption code, biographical details, photograph or picture, or links to your profiles on social networks.
• Contact data, such as first and last name, salutation, email address, billing and mailing addresses, professional title and company name, and phone number.
• Demographic data, such as city, state, country of residence, postal code, and age.
• Relationship data, such as familial or other relationship to third parties whose personal information you may provide to us.
• Communications data based on our exchanges with you, including when you contact us through the Service (including through chat).
• Search data, such as your preferences for receiving our listings and other search communications and details about your engagement with them.
• User-generated content data, such as listing descriptions, and other content or information that you generate, transmit, or otherwise make available on the Service, as well as associated metadata. Metadata includes information on how, when, where, and by whom a piece of content was collected and how that content has been formatted or edited. Metadata also includes information that users can add or can have added to their content, such as keywords, geographical or location information, and other similar data.
• Pre-Approval of Mortgage data.
• Real estate broker or agent license data, as well as identification and membership information from real estate professional organizations and institutions, such as the National Association of REALTORs, or state or local associations.
• Precise Geolocation Data, when you authorize the Service or mobile application to access your device’s location.
• Inferences drawn from personal information.
• Other data not specifically listed here, which we will use as described in this Privacy Policy or as otherwise disclosed at the time of collection. 

SOURCES FROM WHICH PERSONAL INFORMATION IS COLLECTED

• You, as the user of the Service.
• Third-Party Data Sources, we may combine personal information we receive from you with personal information we obtain from third-party sources, such as:
  
  • Public sources, such as government agencies, public records, social media platforms, and other publicly available sources of data and information.
  • Private sources, such as data providers, social media platforms, and data licensors, including real estate and other data vendors.
  • Event partners, such as event co-sponsors.
  • Real Estate sources, such as multiple listing services, brokerages, brokers, real estate agents, and other real estate professionals.
  • Third-party services, such as social media services, that you use to log into, or otherwise link to, your Service account. This data may include your username, profile picture, and other information associated with your account on that third-party service that is made available to us based on your account settings on that service.
• Automatic Data Collection. We, our service providers, and our business partners may automatically log information about you, your computer or mobile device, and your interaction over time with the Service, our communications, and other online services, such as:
  
  • Device data, such as your computer or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WIFI, LTE, 3G), and general location information such as city, state, or geographic area.
  • Online Activity data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to the Service, navigation paths between pages or screens, information about your activity on a page or screen, access times and duration of access, and whether you have opened our emails or clicked links within them.
  • Precise Geolocation/Location data when you authorize (our mobile application/the Service) to access your device’s location.
  • Communication Interaction data, such as your interactions with our email, chat, text, or other communications (e.g., whether you open and/or forward emails) – we may do this through use of pixel tags (which are also known as clear GIFs), which may be embedded invisibly in our emails.
• Cookies and Similar Technologies. Some of our automatic data collection is facilitated by cookies and similar technologies as set forth below.  Please see our Cookies Notice for additional Information:
  
  • Cookies are small text files that websites store on user devices and that allow web servers to record users’ web browsing activities and remember their submissions, preferences, and login status as they navigate a site. Cookies used on our sites include both “session cookies” that are deleted when a session ends, “persistent cookies” that remain longer, “first party” cookies that we place, and “third party” cookies that our third-party business partners and service providers place.
  • Local storage technologies, like HTML5, provide cookie-equivalent functionality but can store larger amounts of data on your device outside of your browser in connection with specific applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
  • Session-replay technologies, that employ software code to record users’ interactions with the Service in a manner that allows us to watch video replays of those user sessions. The replays include users’ clicks, mobile app touches, mouse movements, scrolls and keystrokes/key touches during those sessions. These replays help us diagnose usability problems and identify areas for improvement. 

LEGITIMATE BUSINESS PURPOSES FOR COLLECTION

• Service Delivery and Operations. We may use your personal information to:
  
  • Provide, operate, and improve the Service and our business.
  • Personalize the Service, including remembering the devices from which you have previously logged in and remembering your selections and preferences as you navigate the Service.
  • Establish and maintain your user profile on the Service.
  • Facilitate your invitations to authorized third parties who you want to invite to join the Service.
  • Facilitate social features of the Service, such as by identifying and suggesting connections with other users of the Service and providing chat or messaging functionality.
  • Enable security features of the Service, such as by sending you security codes via email or SMS, and remembering devices from which you have previously logged in.
  • Communicate with you about the Service, including by sending Service-related announcements, updates, security alerts, and support and administrative messages.
  • Communicate with you about events in which you participate.
  • Provide support for the Service, and respond to your requests, questions, and feedback.
• Research and Development. We may use your personal information for research and development purposes, including to analyze and improve the Service and our business and to develop new products and services. As part of these activities, we may create aggregated, de-identified, and/or anonymized data from personal information we collect. We make personal information into de-identified or anonymized data by removing information that makes the data personally identifiable to you. We may use this aggregated, de-identified, or otherwise anonymized data and share it with third parties for our lawful business purposes, including to analyze and improve the Service and promote our business.  

• Marketing. We, our service providers, and our third-party partners may collect and use your personal information for:
  
  • Direct marketing. We may send you direct marketing communications (such as real estate listings and searches) and may personalize these messages based on your needs and interests. You may opt-out of our marketing communications as described in the Opt-Out of Communications section below.
  • Interest-based Advertising / Cross-Context Behavior Advertising. Our third-party advertising partners may use cookies and similar technologies to collect information about your interaction (including the data described in the Automatic Data Collection section above) with the Service, our communications, and other online services over time, and use that information to serve online ads that they think will interest you. This activity may constitute “sharing” of personal information and/or “targeted advertising” under applicable law, and you have the right to opt out of such activity.  See “Your Data Rights” and “How to Exercise Your Data Rights” for information on exercising your opt-out rights. 
• Service Improvement and Analytics. We may use your personal information to develop and train our algorithms, analyze your usage of the Service, improve the Service, improve the rest of our business, to gain insights using machine learning, help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails, and to develop new products and services.  Examples of such uses include:

• Technical Operation. To allow the technical operation of the Service, such as by remembering your selections and preferences as you navigate the site, and whether you are logged in when you visit password protected areas of the Service.
• Functionality. To enhance the performance and functionality of our services.
• Analytics. To help us understand user activity on the Service, including which pages are most and least visited and how visitors move around the Service, as well as user interactions with our emails. 
• Profiling.  We may use personal information to create profiles reflecting your real estate preferences and interests in order to personalize the Service and deliver relevant content and features.  Where such profiling produces decisions that have legal or similarly significant effects on you, you have the right to opt out of such processing under applicable law.  See “Your Data Rights” for more information.

• Compliance and Protection. We may use your personal information to:
  
  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas, investigations, or requests from government authorities.
  • Protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims).
  • Audit our internal processes for compliance with legal and contractual requirements or our internal policies.
  • Enforce the terms and conditions that govern the Service.
  • Prevent, identify, investigate, and deter fraudulent, harmful, unauthorized, unethical, or illegal activity, including cyberattacks and identity theft.  

CATEGORIES OF THIRD PARTIES WITH WHOM PERSONAL INFORMATION IS DISCLOSED

• Service Providers, such as third parties that provide services on our behalf or help us operate the Service or our business, such as hosting, information technology, customer support, email delivery, consumer research, and website analytics.
• Real Estate Entities and Individuals, such as multiple listing services, associations of realtors, real estate brokerages, brokers and agents, and other real estate professionals, institutions, organizations, and entities.
• Third-Party Companies. Third-party companies may collect information for the interest-based advertising purposes described above.
• Third Parties Designated by you, your Multiple Listing Service, your Association of Realtors, or Real Estate Broker, Agent, Professional, or other Applicable Organization/Entity (“Designated Third Parties”). We may share your personal information with third parties where you have instructed us or provided your consent to do so, or with third parties where the applicable multiple listing service, association of realtors, or real estate broker, agent, professional or other applicable organization/entity has been designated. For example, we may share your personal information with third-party vendors with whom the multiple listing service or your real estate agent is collaborating to offer you or your real estate brokerage additional services.  We will share personal information that is needed for these other companies to provide the services that have been requested.
• Business Partners. Third parties with whom we jointly offer products or services, or whose products or services may be of interest to you.
• Linked Third-Party Services. If you log into the Service with, or otherwise link your Service account to, a social media or other third-party service, we may share your personal information with that third-party service. The third party’s use of the shared information will be governed by its privacy policy and the settings associated with your account with the third-party service.
• Professional Advisors. Professional advisors, such as lawyers, auditors, investors, bankers, and insurers, where necessary in the course of the professional services that they render to us.
• Government Authorities and Others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the Compliance and Protection purposes described above.
• Corporate Transferees. We may disclose personal information in the context of actual or prospective business transactions (e.g., investments in Perchwell, financing of Perchwell, public stock offerings, or the sale, transfer, or merger of all or part of our business, assets, or shares). We may also disclose your personal information to an acquirer, successor, or assignee of Perchwell as part of any merger, acquisition, sale of assets, or similar transaction, and/or in the event of an insolvency, bankruptcy, or receivership in which personal information is transferred to one or more third parties as one of our business assets.
• Other Users and the Public. Your profile and other user-generated content data (except for messages) are/may be visible to other users of the Service and the public. For example, other users of the Service or the public may have access to your information if you chose to make your profile or other personal information available to them through the Service, such as when you provide comments, reviews, survey responses, or share other content.  This information can be seen, collected, and used by others, including being cached, copied, screen captured, or stored elsewhere by others (e.g., search engines), and we are not responsible for any such use of this information.

*We do not knowingly collect personal information from third-party sources about individuals who have opted out of the sale or sharing of their personal information with us, unless otherwise required by applicable law or permitted under applicable privacy regulations.

SENSITIVE PERSONAL INFORMATION

Certain categories of personal information that we collect are classified as “Sensitive Personal Information” under applicable law. These categories include: 

• Precise geolocation data.
• Account login credentials (username and password in combination).
• Pre-approval of mortgage data.
• Any other information that qualifies as sensitive personal information under applicable law.

We use Sensitive Personal Information only for the following limited purposes:

• To perform the services reasonably expected by the users when they provided the information.
• To detect, prevent, and investigate security incidents.
• To verify or maintain the quality or safety of our services.
• For short-term, transient use (including non-personalized advertising).
• To comply with legal obligations.
• For other purposes expressly permitted under applicable law.

We do not use or disclose Sensitive Personal Information for purposes of inferring characteristics about users beyond those listed above, unless we provide users with the right to limit such use and disclose that right in this Privacy Policy.

WE HAVE NOT SOLD PERSONAL INFORMATION

Perchwell does not sell personal information for monetary consideration, and has not done so in the preceding twelve (12) months.  We have shared and may continue to share Personal Information with third-party advertising and analytics partners for cross-context behavioral advertising purposes, from which you may opt out as described in “How to Exercise Your Data Rights”.

OUR ROLE AS A SERVICE PROVIDER

In some cases, Perchwell processes personal information on behalf of third-party businesses (“Controllers”), such as multiple listing services, associations of realtors, real estate brokerages, and other real estate organizations, acting in the capacity of a service provider or processor under applicable privacy law. When Perchwell acts as a service provider, we process personal information solely as directed by the applicable Controller and pursuant to a written agreement that restricts our use of such information to the purposes specified by the Controller. If you are an individual whose personal information is processed by Perchwell on behalf of a Controller and you wish to exercise your privacy rights, we recommend contacting the applicable Controller directly, as they are responsible for responding to individual rights requests for data they control. Perchwell will, to the extent required by applicable law, assist Controllers in responding to such requests upon their direction. For questions about whether your data is processed by Perchwell as a controller or as a service provider, please contact us at support@perchwell.com.

SERVICE PROVIDERS

We contractually require all Service Providers to process personal information only for the specific purpose(s) for which it was shared and to provide at least the same level of privacy protection as required by applicable law.

WHERE WE STORE AND TRANSFER YOUR PERSONAL INFORMATION

Your personal information is stored in the United States. If you are not already located in the United States, your personal information is transferred to the United States. Where Perchwell uses third-party service providers, the exact locations where they process personal information may sometimes be beyond our control.

We require all third-party service providers that process personal information on our behalf to maintain appropriate technical and organizational safeguards and to comply with applicable data privacy laws.  When transferring personal information to third-party processors located outside the United States (if any), we take steps to ensure an adequate level of protection for such information.

PERSONAL INFORMATION RETENTION

We will retain your personal information for a limited period no longer than is reasonably necessary to achieve the purposes of the personal information processing, as described in this Privacy Policy, and in accordance with our legal, contractual obligations, legitimate interest, and internal policies and procedures regarding personal information retention.  

When personal information is no longer required for the purposes set forth above, we will delete, de-identify, or aggregate your personal information.   You may request to have your personal information deleted at any time as described in “How to Exercise Your Data Rights” and by contacting support@perchwell.com. Note that we may retain certain personal information as required by applicable law.

HOW WE PROTECT YOUR INFORMATION

We employ a number of commercially reasonable technical, organizational, and physical safeguards designed to protect the personal information we collect and are constantly evaluating and upgrading security measures implemented to ensure secure and safe personal information processing. However, security risk is inherent in all internet and information technologies, and there is no way to guarantee that any safeguards or security measures will be sufficient to prevent a security incident.  

YOUR DATA RIGHTS

Generally, you have the right to file or lodge a complaint with the relevant supervisory authority and to not be discriminated against for exercising your rights. In addition, based on where you reside, you may be subject to one or more of the following rights regarding your personal information.  We will respond to verifiable consumer requests within forty-five (45) days of receipt, which may be extended by an additional forty-five (45) days where reasonably necessary with notice to you.  We will not charge a fee for processing your request unless the request is manifestly unfounded or excessive.  We will not discriminate against you for exercising any of the rights described below.

• Right to Know/Be Informed as to the personal information or categories of personal information we have about you.
• Right to Access a copy of the personal information we have about you.
• Right to Correct/Rectify inaccurate personal information we have about you.
• Right to Deletion/Erasure of personal information about you, subject to certain exceptions permitted by applicable law (e.g., to detect security incidents, comply with legal obligations).
• Right to Opt-Out of/Object to Certain Processing, such as certain types of marketing profiling or profiling in furtherance of decisions that produce legal or similarly significant effects.
• Right to Opt-Out of Sale or Sharing of your personal information for cross-context behavioral or targeted advertising.  To exercise this right, click “Privacy Rights Request” or use the Global Privacy Control (GPC) signal in your browser, which we will honor as a valid opt-out signal under applicable law.
• Right to Limit Use of Sensitive Personal Information to purposes reasonably necessary to perform the requested services or as otherwise permitted by law.  To exercise this right, contact us at support@perchwell.com.
• Right to Restrict Processing, if you meet certain limited applicable circumstances.
• Right to Withdraw Consent at any time, free of charge.  Any such withdrawal only applies prospectively and will not impact prior processing conducted in accordance with your prior freely given consent.
• Right to Appeal a refusal to take action on a request within a reasonable period of time after you receive the initial decision by contacting us at support@perchwell.com within forty-five (45) days of receiving our decision.  We will timely respond to your appeal in accordance with applicable law and will provide a written explanation of any action taken or not taken.  If your appeal is denied, you may submit a complaint to the applicable state agency.
• Right to Receive a Portable Copy of certain personal information provided to us, in a structured, commonly used, machine-readable format, to the extent technically feasible.

HOW TO EXERCISE YOUR DATA RIGHTS

To exercise any of the rights described above, you may submit a request by clicking “Privacy Rights Request” or email us at support@perchwell.com with the subject line “Privacy Rights Request”.  We will take reasonable steps to verify your identity before processing a request to access, correct, or delete personal information.  For requests submitted by authorized agents on your behalf, we will require written authorization or a power of attorney and may require you to verify your identity directly with us.

• Remove or Anonymize your Content. You may request that the content that you posted to the Service be removed or anonymized such that your personal information will not be publicly identifiable on the Service by contacting us. We may decline to process your request as consistent with law. Please note that even if we process your request, it does not ensure complete or comprehensive removal of the content or information posted on the Service.  
• Delete your Content or Close your Account. You can choose to delete certain content through your account. If you wish to request to close your account, please contact support@perchwell.com.
• Opt-Out of Communications. You may opt-out of marketing-related emails or text messages by contacting us. Please note that if you choose to opt-out of marketing-related emails, you may continue to receive service-related and other non-marketing emails. 
• Cookies. For information about cookies employed by the Service and how to control them, see our Cookies Notice. Most browsers let you remove or reject cookies. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. Please note that if you set your browser to disable cookies, the Service may not work properly. You can also configure your device to prevent images from loading to prevent web beacons from functioning.
• Blocking Images/Clear Gifs. Most browsers and devices allow you to configure your device to prevent images from loading. To do this, follow the instructions in your particular browser or device settings.
• Mobile Location Data. You can disable our access to your device’s precise geolocation in your mobile device settings.
• Advertising Choices. You may be able to limit use of your information for interest-based advertising through the following settings/options/tools:
  
  • Browser settings. Changing your internet web browser settings to block third-party cookies.
  • Privacy browsers/plug-ins. Using privacy browsers and/or ad-blocking browser plug-ins that let you block tracking technologies.
  • Platform settings. Google and Facebook offer opt-out features that let you opt-out of use of your information for interest-based advertising. 
  • Ad industry tools. Opting out of interest-based ads from companies that participate in the industry opt-out programs.
  • Mobile settings. Using your mobile device settings to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

SERVICE IS NOT INTENDED FOR USE BY CHILDREN

The Service is not intended for use by anyone under 18 years of age. If you are a parent or guardian of a child from whom you believe we have collected personal information in a manner prohibited by law, please contact us. If we learn that we have unknowingly collected personal information through the Service from a child without the consent of the child’s parent or guardian as required by law, we will comply with applicable legal requirements to delete the information.

We do not knowingly sell or share the personal information of minors under 16 years of age or allow such sale or sharing.  Because Perchwell does not sell personal information, no affirmative opt-in by a minor is applicable.  If you believe we have collected personal information from a minor without required consent, please contact us as support@perchwell.com.  

HOW TO CONTACT US

For privacy-related questions, concerns, or to exercise your data rights, please contact our Privacy Team at:

• Email: support@perchwell.com
• Mail: Perchwell, Attn: Legal Department, 73 Spring Street, Third Floor, Ste. A, NY, NY 10012

GOVERNING LAW

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of New York, except to the extent that federal law or the mandatory provisions of applicable state privacy laws governs your privacy rights and our obligations with respect thereto. Any disputes arising in connection with Perchwell or the Service will be adjudicated in accordance with Perchwell’s End User License Agreement and Terms of Use, except that nothing herein shall be construed to limit your rights to file a complaint with or seek relief from a state privacy enforcement authority as required in per applicable state law.

CHANGES TO THIS PRIVACY POLICY

We will review and update this Privacy Policy (as needed) at least annually to ensure it remains accurate and compliant with applicable law.  We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the Service or other appropriate means. Any modifications to this Privacy Policy will be effective upon our posting the modified version (or as otherwise indicated at the time of posting). In all cases, your use of the Service after the effective date of any modified Privacy Policy indicates your acknowledging that the modified Privacy Policy applies to your interactions with the Service and our business.

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