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PRIVACY POLICY

At BuildCHX, LLC (“BuildCHX”), we believe it is important to protect and respect the privacy of the customers of our mobile application (the “Mobile App”).  We are committed to ensuring your privacy as a guest and a customer as set forth below, and we understand your concern about how your Personal Information is collected, used, and shared.

This Privacy Policy describes our policies and practices in the areas of:  Notice, Disclosure of Collected Information, Security, and Enforcement.  We urge you to read this Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment.

1.  Notice

a.  General.  BuildCHX will generally not collect information that personally identifies you.  However, should you choose to contact us with questions, we will collect your name, email, and other technical information (described below) that allows us to contact you (“Personal Information”).  We use your Personal Information for the following primary purposes:
i. To answer questions you may have about the Mobile App.ii. To communicate with you regarding service related matters.

iii. To troubleshoot technical issues on the Mobile App.

b. Collected Information.  BuildCHX may collect information from you in several ways including the following:
i.  Making Contact.  If you choose to make contact with our customer service department, then we will collect information such as your name, e-mail address, and possible information about your mobile device.  We use this information to assess your technical needs.

ii. Creating a Project Profile.  You will have the ability to create a project profile on which you can communicate with your architect, designer, landscape architect, or others associated with your home project. The information you input into the Mobile App is then collected and stored on our secure servers.

iii. Log Files.  As is true of most websites and mobile applications, we gather certain information automatically and store it in log files.  This address may include Internet Protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating system, date/time stamp, and movements around the site or Mobile App.  We do not link this automatically-collected data to personally identifiable  information.

c. Site Usage.  BuildCHX may monitor your activities, preferences, and transactional data (such as your IP address) relating to your use of the Mobile App and/or services and log this information.  This information may be used to diagnose Mobile App technical problems.  We also use personal and non-personal information in aggregate or statistical form in order to improve our services and procedures.  This means that information from many persons is grouped together in a way that does not disclose the Personal Information of any particular person.

d. Device Information.  In addition to log data, we may also collect information about the device you’re using the Mobile App on, including what type of device it is, what operating system you’re using, device settings, unique device identifiers, and crash data.  Whether we collect some or all of this information often depends on what type of device you’re using and its settings.  For example, different types of information are available depending on whether you’re using a Mac or a PC, or an iPhone or an Android phone.  To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

2.  Disclosure of Collected Information

a. Information from the Mobile App.  Except as otherwise provided in this Privacy Policy, BuildCHX will not disclose to non-affiliated third parties without your prior approval, your e-mail address, phone number, or other Personal Information, that we collect via the Mobile App.  We may disclose to affiliates, partners and other third-parties of BuildCHX (other than Personal Information), such as demographic information, app-based selections and similar of your app-related activities, on an individual basis or as part of an aggregation of data.  However, we reserve the right to outsource certain activities to third parties.  In such cases, we limit the information provided to these third parties to the minimum necessary for them to perform the functions for which we have retained them and prohibit them from using the information for any other purpose or retaining it after it is no longer needed.

b. BuildCHX will cooperate with official law enforcement inquiries, such as fraud investigations, subpoenas, and internal revenue service and other government agency inquiries and requests, and will disclose your Personal Information when necessary to comply with state and federal laws and regulations.

c. Disclaimer.  We cannot ensure that all of your private communications and other Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy.  By way of example (without limiting the foregoing), we may be forced to disclose Personal Information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your Personal Information that they collect from the Mobile App.

d Use Limited to Adults Over the Age of 18.  This Mobile App is not for use for anybody under the age of 18.  By using this Mobile App, you verify that you are over the age of 18 and in compliance with this provision.

3.  Security

BuildCHX is committed to ensuring that your Personal Information is protected while you are on the Mobile App.  BuildCHX uses appropriate and reasonable measures to maintain the security of your Personal Information.  This includes procedures followed by our personnel to prevent data loss or theft, physical security of our servers and information stores and electronic security such as firewalls, password-protected databases and secure connections.

BuildCHX may use certain third parties for services such as advertising, marketing, and tax preparation.  We only work with third parties who agree to strictly limit their use of Personal Information we provide them to fulfill the functions for which they have been retained.

You should be aware, however, that no data transmitted over the Internet or a wireless device, sent through the mail or stored on a computer is 100% secure, and that we cannot guarantee the security of your personal data while in transmission to us.  Public computers in particular should never be considered secure.  You should never give out Personal Information on message boards, in chat rooms, or other publicly viewable locations.

4.  Enforcement

If for some reason you believe BuildCHX has not adhered to the principles of this Privacy Policy, please notify us, and we will do our best to determine and correct the problem promptly.

a. Limitations of Warranties and Remedies.  TO THE FULL EXTENT ALLOWED BY LAW, BUILDCHX DISCLAIMS ALL WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES, TERMS, OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NONINFRINGEMENT.  BUILDCHX NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THIS PRIVACY POLICY, OR THE SALE AND/OR USE OF THE PRODUCTS AND SERVICES.  BUILDCHX’S LIABILITY WILL NOT EXCEED THE FEE PAID BY THE CUSTOMER FOR THE PURCHASE OF THE PRODUCTS.  IN NO EVENT WILL BUILDCHX BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, EVEN IF BUILDCHX HAS, OR SHOULD HAVE HAD, ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES.

b. Indemnification.  Each of the parties acknowledges and agrees that by performing its obligations under this Privacy Policy, BuildCHX will not assume and should not be exposed to the business and operational risks associated with your business or personal endeavors.   You agree to defend, indemnify, and hold harmless BuildCHX and its officers and employees against any and all third party claims, suits, costs, losses liabilities and expenses of any kind (including reasonable attorneys’ fees) that BuildCHX may incur arising out of or resulting from the use of the Mobile App or any of the goods and services of BuildCHX, the end user, or any other person.

c. Choice of Law and Venue.  THIS AGREEMENT WILL BE CONSTRUED AND GOVERNED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT APPLICATION OF CHOICE-OF-LAW PROVISIONS THAT WOULD REQUIRE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION.  BY ENTERING INTO THIS AGREEMENT, ALL PARTIES IRREVOCABLY SUBMIT THEMSELVES TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS IN DENTON COUNTY, TEXAS WITH REGARD TO ANY DISPUTE RELATING TO THIS PRIVACY POLICY OR ITS ENFORCEMENT.  THE PARTIES ALSO HEREBY WAIVE ANY CHALLENGE TO VENUE THEY MAY HAVE TO A LAWSUIT FILED IN A STATE OR FEDERAL COURT IN DENTON COUNTY, TEXAS, RELATING TO A DISPUTE BETWEEN THE PARTIES RELATING TO THIS PRIVACY POLICY OR ITS ENFORCEMENT.

d. Severability.  If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the validity, legality and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.

e. Additional Provisions Regarding Liability.  The parties agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional tortious or unlawful conduct or damages for strict liability that may not be limited by law.

f. Notices.  Any notices or other communication required or permitted to be made or given to BuildCHX pursuant to this Privacy Policy will be in writing, in English, and will be deemed to have been duly given when delivered, if delivered personally or sent via email or by recognized overnight express courier, to the address specified herein.

All notices shall be sent to:
BuildCHX, LLC
6700 Bermuda Dunes
Plano Texas 75093
privacy@hoebekebuilders.com
ATTN: Legal – Privacy

5.  Additional Information

a. Third Party Links.  The Mobile App may contain links to third party websites.  However, please be aware that BuildCHX is not responsible for and cannot control the privacy practices of such other websites.  We encourage you to be aware when you leave the Mobile App, and to read the privacy statements of each and every website or application that collects personally identifiable information.  This Privacy Policy applies solely to information collected by the Mobile App.

b. Notification of Privacy Statement Changes.  We reserve the right to change this Privacy Policy at any time, and you may visit this page to learn of our revised Privacy Policy.  All such changes shall be binding on you 14 calendar days after they are initially posted on the Mobile App unless you are a new user, in which case they are binding on you immediately.

c. Choice/Opt-Out.  Any customer may opt out at any time by using the Opt-Out or Unsubscribe option at the bottom of most of our mass email communications, or by deleting the Mobile App from their mobile device.

d. Access to Personal Information.  If your Personal Information changes, or if you no longer desire some or all of our services, you may correct or update it by contacting us.

e. Business Transition.  In the event we go through a business transition, such as a merger, acquisition by another company, bankruptcy, or sale of all or a portion of our assets, your Personal Information will likely be among the assets transferred.

f.Contact Us.  If you have any questions or suggestions regarding our privacy policy, please contact us via email at privacy@hoebekebuilders.com

6. Representations and Warranties.

By using this Mobile App, you represent that you are seeking this Mobile App for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Mobile App, any material available through the Mobile App, or BuildCHX.  You also represent that you are not engaging in activities in an attempt to reverse engineer the Mobile App, portions of the Mobile App, or any materials available through the Mobile App.  You also represent that any information you provide is true and accurate.