Effective Date: January 2023
Information We Collect
When you use the Website, we and/or our subsidiaries (collectively referred to herein as “we”, “us” or “our”) may collect personal information about you, such as your name, address, social security number, telephone number, email address, asset information, income information, or any other information that you submit on applications or other forms made available through the Website.
We may also collect personal information about you from third party sources, which we may combine with information that you provided to us or we previously collected. For example, we may receive information about you from an online marketplace that you have used.
We also automatically collect certain information related to you and your activities on the Website when you visit the Website. This information includes information such as your IP address, your internet browser and operating system type, the date and time of your visit, and the website that referred you to us.
Cookies and Other Tracking Technologies
Our first-party cookies and tracking technologies do not track users over time and across third-party websites, and therefore the Website does not respond to web browser do-not-track signals.
We also use third-party cookies to serve targeted advertisements on both the Website and on third-party websites. These cookies may track users over time and across third-party websites and services. Please note that if you opt-out of advertising cookies, you may still see our advertisements on third-party websites and services.
How We Use Collected Information
We use collected information to:
- Complete and evaluate your application to engage in a sale-leaseback transaction;
- Deliver the products or services you requested;
- Improve customer service;
- Improve our website;
- Personalize your experience;
- Communicate with you about products or services that may be of interest to you;
- Manage our business; and
- Engage in any other purpose to which you consent.
The Fair Credit Reporting Act gives you the opportunity to limit the sharing of “non-experience information” among our affiliates. “Non-experience information” includes information that is used, expected to be used, or collected for the purpose of establishing your eligibility for our products and services, and is not related solely to your transactions or other experiences with us, including information:
- From your applications, such as your income or marital status
- From a credit report, such as your credit history
- From sources used to verify representations made by you, such as your open lines of credit or employment history
Within our family of companies, we may share the customer information we collect with our subsidiary and affiliated businesses.
How We Share Personal Information
- Such as vendors who provide employment verification, title, document import, or other necessary services;
- Such as to other partners with which we have marketing arrangements or to others that may want to provide information to you about the products and services that they offer (unless you have opted out);
- For any purpose to which you expressly consent;
- To protect our rights or the rights or safety of others; and
- As may be required by law or regulation.
For example, we provide certain identifying information, such as social security number and date of birth, to service providers who perform background checks in connection with your rental application.
In the event that we enter into a corporate transaction, such as a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings), personal information that we have collected may be transferred in the course of that corporate transaction to the relevant third party purchaser, joint venture partner, merged entity, assignee or similar party.
Access to and Control Over Information | Data Deletion Requests
You may opt-out of any future marketing contacts from us at any time. You can do the following by sending an email to email@example.com.
How We Protect Personal Information
We use reasonable physical, technical, and administrative security measures to protect personal information we collect from loss, misuse, unauthorized access, or improper disclosure. Please understand that no security technology is completely secure, and remember that when communicating with us, email is not a secure form of communication when transmitting sensitive or personal information.
Links to Other Websites
This Website is not intended for persons under the age of 18. We do not knowingly collect, maintain, or use personal information from children under the age of 13. If we become aware that a child under the age of 13 has submitted personal information to us through the Website, we will delete such information.
StayFrank. grants to you a limited, non-exclusive, non-transferable license to access and use our Services in accordance with the terms and conditions set forth in this Agreement. StayFrank. reserves all right, title and interest not expressly granted under this license to the fullest extent permitted by law. Any use of our Services not expressly permitted under this Agreement is strictly prohibited.
You agree not to sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
1.1.4 Copyrights, Trademarks and Other Intellectual Property
All content and materials available through our Services, including, but not limited to text, images, audio, video, interfaces, information, data, and computer code, are the property of StayFrank. (collectively, our “Content”).
Our Content, including any content licensed to us by third party content providers (the “Providers”), is protected by U.S. and international intellectual property laws and treaties. You are permitted to access our Content only through our Services and you may not copy, modify, sell, reproduce, distribute, republish, display, post, create derivative or collective works from, or transmit in any form our Content, in whole or in part, without our prior written consent, which may be subsequently revoked at our sole discretion. You may not reverse engineer or reverse compile any of our Services or the technology used to operate our Services. Nothing in this Agreement grants you any license or right to use our Content except as expressly stated in this Agreement.
You agree that you will not use our Services in any manner that infringes the rights of any third party. If you are a copyright holder and believe your work has been used in our Services in a way that constitutes copyright infringement, please send a notice of infringement under the Digital Millennium Copyright Act (“DMCA”) to:
1.1.6 Other Restrictions
You agree that you will not use our Services to: (a) impersonate any person or entity or misrepresent your affiliation with any person or entity; (b) engage in spamming, flooding, harvesting of email addresses or other personal information, spidering, screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or any other information, including specifically, property listings available through our Services; (c) attempt to decipher, decompile, disassemble or reverse engineer any of the computer code comprising or in any way making up a part of our Services; (d) violate any applicable local, state, national or international law; (e) send chain letters or pyramid schemes via our Services; or (f) attempt to gain unauthorized access to other computer systems through our Services.
You agree that you will not use our Services in any manner that could damage, disable, overburden, or impair our Services or interfere with any other party’s use and enjoyment of our Services.
If you submit to us or post through our Services any property listing, testimonial, comment, review, suggestion, or any work of authorship (collectively, a “submission”) including, without limitation, submissions about any of our products or services, such submission may be used by us in any manner. Please do not submit or send any submission to us that you consider contains confidential or proprietary information. No submission sent to us will be considered or treated as confidential information. We do not pre-screen submissions and we will have no obligation to read any particular submission submitted or sent to us.
By submitting or sending a submission to us, you: (a) represent and warrant that the submission is original to you, that no other party has any rights thereto, and that any moral rights in such submission have been waived, and (b) grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, reproduce, publish, distribute, display, translate, summarize, modify and adapt such submission (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, in our sole discretion, with or without your name.
1.2.1 No Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. StayFrank., ON BEHALF OF ITSELF, ITS AFFILIATES, AND THE PROVIDERS, DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.
1.2.2 Assumption of Risk
YOU USE OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH OUR SERVICES), OR THE LOSS OF DATA THAT MAY RESULT FROM THE USE OF OUR SERVICES, OUR CONTENT, OR OTHER CONTENT AVAILABLE THROUGH OUR SERVICES.
ADDITIONALLY, YOU VISIT StayFrank.’S REAL PROPERTY AND SURROUNDING PREMISES (COLLECTIVELY, THE “PREMISES”) AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ANY AND ALL RISK FOR ANY PROPERTY DAMAGE OR LOSS, OR BODILY, MENTAL, OR PERSONAL INJURY, INCLUDING DEATH, RELATING TO OR ARISING FROM VISITING THE PREMISES.
1.2.3 Not a Legal or Professional Advisor
You acknowledge and agree that StayFrank. is not engaged in rendering legal, tax or other professional services. If legal, tax or other professional assistance is required, including but not limited to the review of agreements and forms made available to you through our Services, the services of a competent professional should be sought.
1.3 Limitation of Liability
You agree that neither StayFrank., nor its affiliates, nor any of their respective employees, or agents involved in the creation, production and distribution of our Services or our Content, is liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, special, punitive, direct or indirect), injury, claim, liability or other cause of action based upon or resulting from the use or attempted use of our Services or our Content, including but not limited to any claim or damage arising from failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation, computer virus, system failure, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials accessed through our services. Additionally, you agree that StayFrank. is not liable or responsible for any defamatory, offensive or illegal conduct of third parties.
NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, NOTHING IN THIS AGREEMENT SHALL AFFECT WARRANTIES OR LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO RIGHTS TO DAMAGES, WHICH ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless StayFrank., its officers, directors, employees, affiliates, agents, and licensors from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or in any way related to (i) any violation or alleged violation by you of the terms and conditions of this Agreement or any applicable law; (ii) your access, use, or misuse of our Services or our Content; and/or (iii) any infringement by you of the copyright or intellectual property rights of any third party. You must not settle any such claim or matter without the prior written consent of StayFrank.. We reserve the right, at our own expense, to assume the exclusive defense and control of any claim subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
1.5 Governing Law
This Agreement will be governed by the laws of the state of New York, without regard to its provisions relating to conflict of laws.
Our failure to enforce any of our rights or to act with respect to a breach by you or others of this Agreement does not constitute a waiver of any rights and will not limit our rights with respect to that breach or any subsequent breaches. No waiver by StayFrank. of any of the provisions in this Agreement will be of any force or effect unless made in writing and signed by a duly authorized officer of StayFrank..
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign this Agreement, or certain of our rights or obligations under this Agreement, to any party at any time without notice to you. You may not assign your rights or obligations under this Agreement, by operation of law or otherwise, without the prior written consent of StayFrank..
1.7 Consent to be Contacted; Notices
If you provide, or have provided, a telephone number to us, you expressly agree that the provision of such telephone number is your express written consent to contact you at that number in order to provide you with informational and service messages, including via text message and/or by using automated telephone technology. Standard message and data rates may apply. Your consent is not a condition to use our Services. You can opt-out by emailing firstname.lastname@example.org and also opt out of text messages by replying “STOP” to the sender. You represent and warrant that you are the authorized subscriber for the telephone number(s) you have provided. Please be aware that we may record or monitor telephone calls for quality assurance.
If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means. Unless otherwise stated in the notices, the notices will become effective immediately.
2. Service-Specific Terms
Certain terms and conditions are specific to certain of our Services. We’ve broken those out below.
2.1 StayFrank. Estimates
An StayFrank. Estimate and/or Letter of Intent (each an “StayFrank. Estimate”) is an estimate calculated using publicly-available information and third party data sources.
An StayFrank. Estimate is not an appraisal. It is an invitation for you to request an offer to purchase your home (an “StayFrank. Offer”).