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PRIVACY POLICY

Privacy Notice

Last updated:  January 29th, 2022

ButterflyMX, Inc. (“ButterflyMX,” “we,” “us,” “our”) is committed to protecting your personal information and we do not sell your personal information to anyone for any purpose.  This Privacy Notice describes the personal information that we collect about you, how we use and disclose this information, and the steps we take to protect this information.  For purposes of this Privacy Notice, “personal information” means any information that relates to you as an individual and could reasonably be used to identify you.  This Privacy Notice applies to our collection and use of personal information through this website and any related websites, products, services applications, tools, or platforms (the “Services”), as well as through any other means where a link or reference to this Privacy Notice is provided at the time of collection.

Personal Information We Collect

When you access or use the Services, or otherwise interact with us, we may collect certain categories of personal information about you from a variety of sources.    

Categories of personal information that we may collect directly from individuals include:

  • Basic personal information. We collect tenants’ names so that they can appear in the intercom directory. We may also collect the names of individuals that fill out a contact us form or otherwise contact us.
  • Contact information. We collect phone numbers and email addresses from tenants who sign up for an account with us and/or in order to enable their visitors to call them through the intercom system. In addition, users of our intercom can choose to sync the contacts on their mobile device with our app in order to easily send their contacts a virtual key to their unit (this is an optional feature that users can enable; we never collect contacts from your phone without your express permission).
  • Property Access Information. We collect information when anyone enters one of our partner properties using the intercom, and this information may include the name, date and time of entry, and a photograph of the person entering. Property Access Information is tied to an individual unit, and is viewable only by the tenant of the relevant unit and by the property manager. We never share this information with any third parties.
  • Account information. We collect email addresses and passwords from individuals who sign up for an account.
  • Communications. We collect communications that individuals share with us in connection with customer support requests, questions submitted through our website, and requests for product information.
  • Background information. When you apply for a job with ButterflyMX, we may collect information about your education, experience, qualifications, employment history.
  • Identity verification information. When you schedule a self-guided tour at a partner property, we will collect a scan of your driver’s license in order to verify your identity.

Categories of personal information that we may collect automatically from users of the Services include:

  • Technical information (for example, browser and device type, IP address, cookies, and operating system)
  • Usage information (for example, pages visited, search terms entered, and frequency of visits)

Categories of personal information that we may collect from other sources include:

  • We receive the names, addresses, and phone numbers of tenants (either directly or through APIs) from building owners, building managers, and property management service companies when they onboard ButterflyMX;
  • To support our sales efforts, we partner with third party lead generators and receive names and contact information of potential clients;
  • To support our sales efforts, we may from time to time purchase names and contact information of potential clients from third-party partners.

Finally, we may collect personal information pursuant to a legal or contractual requirement, and failure to provide such information may impact our ability to fulfill our obligations. 

How We Use Your Personal Information

We may use the personal information we collect for the following purposes:

  • Provide the Services.  We use your personal information to enable you to interact with the Services (i.e. to allow visitors to contact you through the intercom).
  • Risk mitigation and security. We use Property Access Information to protect residents in the building. In connection with self-guided tours, we use your driver’s license to verify your identity for risk mitigation purposes.
  • Communication and marketing.  We may use your personal information to communicate with you about the Services, respond to your questions, or offer you additional products or services.
  • Comply with the law and exercise our rights.  We may use your personal information as reasonably necessary to assess and ensure compliance with applicable laws, legal requirements, and company policies; to protect our assets or to investigate or defend against any claims of illegality or wrongdoing (including to obtain legal advice or to establish, exercise or defend legal rights); and in response to a court order or judicial or other government subpoena or warrant.
  • Corporate transaction.  We may use your personal information in the event we undertake or are involved in or contemplating any merger, acquisition, reorganization, sale of assets, bankruptcy, or insolvency event.
  • Recruitment and hiring.  We may use your personal information to evaluate your candidacy when you apply for a job with us.
  • Manage our website.  We may use personal information to analyze how people use our website and to improve our website offerings.

We may also aggregate, anonymize, or otherwise de-identify your personal information and use it for any purpose permitted by applicable law.

Some jurisdictions require that we determine a “lawful basis” for processing personal information. Where such requirements exist, we rely on the following lawful bases for our processing activities: that you have consented to the processing; that the processing is necessary for the performance of our contract with you; that we have a legal obligation; or that we have a legitimate interest in providing and improving the Services and managing our business operations. To the extent we process personal information on behalf a customer, we rely on the lawful basis as determined by that customer.

Use of Cookies

When you use the Services, we may send one or more cookies (which are small text files containing a string of alphanumeric characters) to your computer or mobile device, to help analyze our web page flow, customize our content, measure promotional effectiveness, and promote trust and safety. We may use both “persistent” cookies (that are stored by your web browser and remain valid for up to 180 days) and “session” cookies (that expire when you close your web browser). We use cookies to identify you when you visit our website and as you navigate our website, to help display advertisements that we think will be relevant to you, and to help us analyze the use and performance of our website. You are always free to decline our cookies if your browser permits, although doing so may interfere with your ability to use the Services or certain features of the Services.  We may also use Google Analytics or a similar service that uses cookies to help us analyze how users use the Services.

We also allow certain third parties such as advertising networks, analytics providers, and widget providers to place cookies in order to collect information about your online activities over time and across different websites when you access or use the Services.

Currently, various browsers offer a “Do Not Track” option, but there is no standard for how “Do Not Track” should work on commercial websites. Due to the lack of such standards, this website does not respond to “Do Not Track” consumer browser settings.

How and When We Disclose Your Personal Information

We do not sell personal information to anyone for any purpose. We may disclose your personal information to the following categories of recipients, to be used only for legitimate purposes in keeping with this Privacy Notice:

  • Group companies and affiliates.  We may disclose, share, or transfer your information to any business entity that is part of our corporate family. 
  • Service providers and professional advisors.  We may disclose your information to third party vendors, service providers and contractors who provide services in support of our business operations. This can include landlords, property owners, and our advertising and analytics providers. We may also disclose your personal information to our professional advisors such as our attorneys, accountants, and insurance providers. In addition, when you sign up for a self-guided tour of a property, we collect your government-issued ID (i.e., your driver’s license) and a photo “selfie” that you take of yourself and we provide them to our vendor, which compares information from both documents to verify your identity in order to enable us to prevent theft or other security incidents in connection with the Services. Our vendor may collect and store biometric information in order to provide us with this service, but we do not receive or store or otherwise use any biometric information. We instruct our vendor to comply with all applicable privacy laws, including those governing biometric information.
  • Parties involved in a corporate transaction. We may disclose your information to relevant third parties in the event of a divestiture, merger, consolidation, or asset sale, or in the unlikely event of a bankruptcy.
  • Law enforcement or other governmental entities. We may disclose your information if required to do so by law or if we believe in good faith that such action is necessary to comply with the law, prevent unlawful activity, defend our rights, or maintain security.
  • Other third parties with your consent. We may disclose your information to any other third party where you have provided consent to such disclosure.

Security, Retention & Transfer of Personal Information

We have implemented and maintain commercially reasonable and appropriate technical and organizational measures designed to protect the confidentiality, integrity, and security of your personal information. Please note, however, that no security measures are perfect or impenetrable. We therefore cannot guaranty and do not warrant the absolute security of your personal information. We retain your personal information for no longer than reasonably necessary to fulfill the purposes for which we collected it or to comply with the law, prevent fraud, facilitate an investigation, defend against legal claims, or exercise our legal rights.

Personal information collected from tenants outside the United States is stored on servers in Germany. You may contact us using the contact information provided below to learn more about the appropriate safeguards that apply to your personal information.

Your Choices & Rights

You may decline to share certain information with us, in which case we may not be able to provide to you some of the features and functionality of the Services. Once you have registered for an account with us, you may update or correct your profile information and preferences at any time by accessing your account preferences page through the Services. If you do not wish to receive marketing communications from us, you can opt-out by using the unsubscribe process at the bottom of the email, but you may still receive transactional or administrative emails from us (i.e., customer service). Although your changes are reflected promptly in active user databases, we may retain all information you submit for a variety of purposes, including backups and archiving, prevention of fraud and abuse, and analytics.

Depending on your location and subject to local law, you may have certain rights with respect to your personal information. These may include: the right to access, correct, and delete your personal information; the right to restrict or object to our use of your personal information; and the right to receive a portable copy of your personal information in a usable format. If you provide us with consent to use your personal information, you may withdraw that consent at any time, however, such withdrawal will not impact the lawfulness of our use of your personal information based on your consent up to that point.   

To make a request related to your personal information or otherwise exercise your rights, you may contact us by completing this form https://preferences.butterflymx.com/privacy or by using the contact information provided below. In order to fulfill your request, we may require additional information from you. We will respond to requests within the relevant time periods established by applicable law. We are committed to finding a fair and reasonable resolution to any request, concern, or complaint you bring to our attention. However, if you are unsatisfied with our response to your request, you may have the right to lodge a complaint with applicable governmental authorities, subject to local law. 

Children’s Privacy

We do not knowingly collect or maintain information from persons under 13 years of age (“children”), and no part of the Services is directed to children. If we learn that information has been collected through the Services from children and without verifiable parental consent, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child has provided us with personal information without your consent, please contact us using the contact information below to request that we delete the information from our systems.

Changes to Privacy Notice

We reserve the right to make changes to this Privacy Notice at any time, without notice. We will notify you about changes that significantly impact our use of your personal information by placing a prominent notice on this website or by sending you an email. Please revisit this page periodically to stay aware of any changes to this Privacy Notice. For the avoidance of doubt, disputes arising hereunder will be resolved in accordance with the Privacy Notice in effect at the time the dispute arose.

Contact Us

Please contact us with any questions, comments or concerns about this Privacy Notice or our use of your personal information by e-mail at dpo@butterflymx.com or by mail at:

Attn: Privacy
ButterflyMX
44 West 28th Street
4th Floor
New York, NY 10001