Buxton Privacy Policy

Updated August 26, 2022

As the operators of this website, Buxton Enterprises and its subsidiaries and affiliates, Buxton Company and LSMx, Inc., collectively, “Buxton” having its principal office address at 2651 South Polaris Drive, Fort Worth, Texas, 76137 (“We”, “Us”), are committed to protecting and respecting your privacy. This Privacy and Cookies Policy (“Privacy Policy”) relates to services provided through our website, web applications and other means (“Services”) and sets out the basis on which the Personal Data collected from you, or that you provide to Us will be processed by Us. This Privacy Policy describes how We collect, use and disclose certain Personal Data. This Privacy Policy is incorporated into, and is part of, the Terms and Conditions, which govern your use of this website in general. “Personal Data” means any information that identifies or relates to a particular individual and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules, or regulations (collectively the “Data Protection Laws”). This Policy does not cover the practices of companies We don’t own or control or people We don’t manage. Please read the following carefully to understand our views and practices regarding your Personal Data and how We will treat it. If you do not agree to this Privacy Policy, please do not use our Services.

1. 1. Information You Provide Us

   We collect the following types of information when you provide it to us, either directly or via your device:

   • Business Contact Information: We collect your business contact information when you provide a Buxton employee with your business card, create an account with Us or submit questions, queries or feedback via our website, register for a webinar, app, email or social media. Typically, business contact data includes your name and contact methods, such as telephone number, email address, and mailing address, and professional data includes details such as the organization with which you are affiliated, your job title, and industry.
   • Automatically-Collected Data: When you access or use our Services, we may automatically collect information about your visit from your device or browser, including:
     • Log Information: We collect log information about your use of the Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Site.
     • Device Information: We may collect information about the computer or mobile device you use to access our Services, including the hardware model, operating system and version, device identifiers and mobile network information.
   • Account information: We collect your username and the password you use to access our Services.
   • Email Address: We collect your email address when you sign up to receive our newsletters, and other marketing communications. If you decide that you no longer wish to receive such newsletters or promotional e-mail from us, you may unsubscribe by following the instructions contained in each email we send to you.
   • Online Chat Information: We collect the information you post in our website chat forum.
   • Job Applicant Data: We will collect your contact and professional information, including your resume with educational and work background, when you apply for a job with Us. You may also provide Us with sensitive information, like your Social Security Number or other government identifier, racial or ethnic origin, or other such Personal Data in connection with your job application.
   • Contract and Payment Data: We may receive contract details (like signatures) from you or your organization, and billing information, which may contain Personal Data such as billing name, billing address and payment card details, in connection with some of our services.

2. 2. Information We Receive From Other Sources

   In the course of doing business, We receive Personal Data and other information from other third parties for our business or commercial purposes. This information varies and typically falls into a few categories:

   • Business Contact Information, such as name, job title, professional designation, business email, phone number, address, and other information included in your social profile (such as LinkedIn), including other details about your company. Typically, we receive this information about you from a few sources, such as: (i) third-party marketing initiatives, such as events where We are a sponsor; (ii) when you consent to having your attendee badge scanned at an event; (iii) companies such as information aggregators and entities from whom We have licensed business contact information; (iv) web-scraping services; and (v) referrals.
   • Your Name and Geographic Information, such as your address and the Core Based Statistical Area in which you live.
   • Demographic Information, such as your age, race, ethnicity, gender and income characteristics.
   • Psychographic and other “Modeled” Information. Modeled information involves grouping individuals into like categories based on similarities of their known attributes. For example, based on the area in which you live, and estimates of your income, an assumption can be made about the type of automobile you are likely to lease or own. Estimates of your shopping behaviors, lifestyle statements, hobbies, interests, media preferences and demographic attributes such as possible religious preference and propensities for certain physical conditions are all examples of Modeled information that we may collect.
   • Geolocation information, such as a randomized and obscured device identifier, proximity of a device to various locations, and time and date of geolocation information capture. This information does not contain an individual's name or address, and is typically captured via Locations Services on the device and various applications that use that particular service, consistent with the device’s privacy settings.
   • Relocation Information, such as your previous address and your new address.
   • Details about you as a job candidate received from recruiters, your references, or other third parties in connection with your application.
   • User-Generated Content, such as comments and information you submit in public forums or message boards, reviews and feedback or testimonials you provide about our Services.
   • Information we collect as a service provider. We collect information provided to us by our clients in order to provide them with our services. Such information may vary depending on the client’s industry and the service that we are providing. To review a list of industries that we commonly serve, please select the “Industries” menu at the top of our website’s homepage here: www.buxtonco.com.

3. 3. How We Use Personal Information

   We or our service providers may use any of the Personal Data we collect, as described in this Privacy Policy, for the following purposes:

   • To provide the Services, including by:
     • Providing Business Contact Information to our clients in connection with our real estate and municipal consulting services;
     • Providing consumer data, including Demographic Information, Modeled Information, and Geolocation Information (randomized, obscured and or aggregated), to clients to provide insights about our client’s customers’ interests, behaviors, locality and other similarities, and to enable more relevant and personalized marketing messages; and
     • Operating our website, applications, and other digital assets.
   • To communicate with clients, prospective clients, job candidates, and others to respond to inquiries, communicate about products or services (either our own or those of third parties that we believe may be of interest to you), send newsletters and marketing materials, or to discuss an existing or prospective business relationship;
   • To facilitate the evaluation and improvement of our Services, including the development of new products and services, optimizing and determining the effectiveness of our advertising, analyzing our products, services, websites, and any other digital assets, and facilitating the functionality of our websites, and any other digital assets;
   • To perform a contract we have with you and process transactions you have requested;
   • To identify and evaluate candidates for employment at Buxton, and process job applications;
   • To secure our Services or verify your identity;

   • For legal purposes, including:

     • To comply with applicable laws, regulations, subpoenas, governmental requests or legal process;
     • In connection with a legal investigation; and
     • To establish, exercise, or defend or protect our legal rights or the rights of others, including compliance with our Terms of Use; and
   • For any purpose for which you have given us explicit consent to do so for a specific purpose not listed above.

   We may also anonymize and/or aggregate Personal Data such that it no longer identifies you. We may use such anonymous and aggregated Personal Data without restriction.

4. 4. Cookies

   We use cookies, pixel tags, web beacons and similar files to automatically collect and store certain information about your computer, mobile device, and use of our website. Cookies are files containing small amounts of information that are downloaded to your computer or mobile device when you visit a certain webpage and help a server to remember you or information about you. Cookies are used in order to make our website work, or to work more efficiently, and to improve your experience using our website.

   In addition to cookies that are strictly necessary to operate the website, We use the following cookies:

   • Functional Cookies, which are used to enhance your experience on our website.
   • Performance Cookies to enable Us to provide a better user experience based on how you use our website.
   • Targeting or Advertising Cookies, which tell Us and those third parties about your browsing habits, so you can be provided with advertising that is more relevant to you.
   • Social Media Cookies, which allow you to share what you’ve been doing on our website on social media.

   If you do not accept the use of these cookies, you may be able to disable them by changing your browser settings so that cookies from our website cannot be placed on your computer or mobile device. These browser settings are typically found in the “Options” or “Preferences” menu of your browser; otherwise you should use the “Help” option in your browser for more details. If you only want to limit third party advertising cookies, you can turn such cookies off by visiting the following links:

   • Your Online Choices
   • Network Advertising Initiative
   • Digital Advertising Alliance

5. 5. How We Share Personal Information

   • Service Providers. For all categories of information that we collect, we may share Personal Data with our service providers for various business purposes, including, but not limited to, auditing interactions with users, debugging our websites, products and services, security purposes, internal research, and IT services, quality control and to perform other services on our behalf. For example, we may use service providers to help us process payments, host our customer relationship management system, or execute our client’s advertising campaigns on their behalf.
   • Protection of Rights, Security and Fraud Detection. For all categories of data we collect, we may share your personal data with third parties for business purposes to protect our customers, users, secure our physical and intellectual property, and to prevent or investigate security or fraudulent attempts against our users through our platform.
   • Law Enforcement and Legal Requests. For all categories of data we collect, we may share Personal Data as necessary and appropriate to comply in good faith with applicable law or respond to valid legal requests, such as a subpoena, from law enforcement or other authorities.
   • With our Affiliates, Related to Corporate Transactions, and Provision of Professional Services. For all categories of data we collect, we may share Personal Data among our affiliates and subsidiaries for business purposes, including any service providers and agents that work on our behalf. For example, we may share your Personal Data with support service providers with whom we have in place agreements to protect your Personal Data. We may also share your information as required for us to carry out a corporate transaction, such as a merger or sale of assets of all or part of our company (or to conduct due diligence leading up to such a potential event). We will also share your Personal Data with our professional service providers (for example, our auditors, insurance providers, financial service providers, and legal advisors) as needed for us to run our business.
   • Advertising and Marketing. We may share your Personal Data, such as contact information, with third-party advertising and marketing providers, to allow us to better reach our customers and prospective customers, and to sell our products and services.
   • Our Clients. We may share various contact, geographic, demographic, relocation, psychographic and other Modeled information with our clients in order to assist them reach potential new customers more efficiently by directing their communications to those consumers most likely to have an interest in their products and services; and to assist them develop insights about their customers’ interests, behaviors, locality and other similarities. We may share business contact information with our clients as we provide our Services through our Top Tenant application, and to city governments. Such information can make it easier for them to contact you regarding available real estate in which your company may have an interest.
   • Recruitment Data. When you apply for a job with Us, we may share your Personal Data, with our affiliate companies for business reasons, such as human resource management and internal reporting; our service providers for business reasons, such as the recruitment platform and to manage background checks; and law enforcement or government authorities, or as otherwise necessary to comply with law.

6. 6. California Privacy Notice & Rights

   If you are a California resident, you may have certain rights. For information that We process as a “business” under the California Consumer Privacy Act (“CCPA”), the CCPA may permit you to request that We:

   • Provide you the categories of personal information We have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom We shared personal information.
   • Provide access to and/or a copy of certain information We hold about you.
   • Delete certain information We have about you.
   • Honor your opt-out of the “sale” of your information.

   “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household. “Personal information” does not include information publicly and lawfully made available in government records, deidentified or aggregate information about California consumers or households, and information excluded from the CCPA’s scope (for example, health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) and personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994).

   We do not provide any financial incentives tied to the collection, sale, or deletion of your Personal Data. You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, We need certain types of information so that We can provide the Services to you and for compliance with applicable law. If you ask Us to delete certain information, you may no longer be able to access or use the Services.

   California residents may opt out of the “sale” of their personal information. We sell certain of your information to our clients, who are considered to be “third parties” under the CCPA, as part of the Services We provide. The categories of third parties to which we sell information are retailers, healthcare providers, restaurants, city governments, real estate developers and brokers, private equity firms, and franchisees across industries. Depending on what Services are involved, We may provide the following categories of personal information to third parties for these purposes:

   • To help our clients reach potential new customers more efficiently by directing their communications to those consumers most likely to have an interest in their products and services; and to assist them develop insights about their customers’ interests, behaviors, locality and other similarities: business contact, geographic, demographic, relocation, psychographic and other Modeled information.
   • To connect businesses with opportunities that may be of interest: Our Services (provided through our Top Tenant application, and to city governments) may involve your business contact information being shared with our clients, which can make it easier for them to contact you regarding available real estate in which your company may have an interest.

   If you would like to opt out of our use of your information for such purposes that are considered a “sale” under California law, you may do so by submitting a sale opt-out request by:

   1. 1. Click the link: Do Not Sell My Personal Information
   2. 3. Calling Us toll-free at 1-888-228-9866,
   3. 4. Mail to: Buxton, (attention “Consumer Privacy”) at 2651 South Polaris Drive, Fort Worth, TX 76137.

   Please note that We do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.

   California customers may request, once per year, that We disclose the identity of any third parties with whom We have shared personal information for the third parties’ direct marketing purposes within the previous calendar year, along with the type of personal information disclosed.

   If you would like to exercise any of these rights, please contact Us by:

   1. 1. Click the link: Do Not Sell My Personal Information
   2. 3. Calling Us toll-free at 1-888-228-9866,
   3. 4. Mail to: Buxton, (attention “Consumer Privacy”) at 2651 South Polaris Drive, Fort Worth, TX 76137.

   You will be required to verify your identify per the guidelines below before We fulfill your request. Note that the process described below applies to our role as a business, not as a service provider to our customers. We are unable to respond to requests in our role as a service provider to our customers. We encourage you to submit any such requests directly to the business with whom you interact or have a direct relationship.

   For requests We receive as a business, we will match the identifying information provided by you to the personal information We already maintain to verify your identity. At a minimum, We will ask for your name, email address, country, and state or province. When verifying requests, our verification standards vary depending on the sensitivity of the request. If We cannot verify your identity, We may deny your request. In some cases, We may require additional information, in which case We will contact you.

   If you are an authorized agent making a request to know or delete, We also require you to email consumerprivacy@buxtonco.com,: (i) provide Us with a copy of your written authorization to confirm your right to make the request, and direct the requesting individual to verify their identity directly with Us or, if applicable, (ii) provide a copy of your power of attorney to exercise these rights on behalf of another.

   Additional Information for California Residents
   If you are a California resident, We also provide additional information about our information practices [please click here/please see the Supplemental Privacy Notice for California Residents below.]

7. 6.a. Supplemental California Privacy Notice

   This Privacy Notice for California residents supplements the California Privacy Notice. This Notice applies to website visitors, app users, and customers in California. This supplemental privacy notice gives California residents additional information about our information collection and use practices required by the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA also provides California residents with specific privacy rights, which are outlined in our California Privacy Notice.

   This notice provides information about the categories of personal information that We collect from California residents generally, the purposes for which we use the information, the sources of the information, and the categories of third parties to whom We disclose the information for business purposes. More detailed information is available in our Privacy Policy at How We Use Personal Information and How We Share Personal Information.

   Categories of information collected	CCPA Category (See Below)	Purposes of use (see “How We Use Personal Information” in our Privacy Policy for additional information)	Sources of personal information	Categories of third parties to whom we may disclose the information
   Business Contact Information such as e-mail address, name, phone number, mailing address, and professional data including details such as the organization with which you are affiliated, your job title, and industry and Relocation Information (such as your previous address and your new address)	A,B,D,I	To provide the Services To communicate with clients, prospective clients, job candidates, and others To facilitate the evaluation and improvement of our Services. To identify and evaluate candidates for employment opportunities at Buxton, and process job applications. To secure our Services. For legal purposes.	Directly from you Our affiliates Publicly available websites Data resellers Our clients	Service Providers (such as IT processing and storage providers and hosted CRM providers) Our affiliates Governmental entities for legal purposes Our clients
   Demographic Information such as your age, ethnicity, gender and income characteristics	C,I,J,K	To provide the Services To facilitate the evaluation and improvement of our Services. To secure our Services. For legal purposes.	Our affiliates Our Service Providers Consumer Data Resellers	Service Providers (such as IT processing and storage providers) Our clients Governmental entities for legal purposes
   Psychographic and other Modeled Information such as estimates of your shopping behaviors, lifestyle statements, hobbies, interests and media preferences	C,I,J,K	To provide the Services To facilitate the evaluation and improvement of our Services. To secure our Services. For legal purposes.	Our affiliates Our Service Providers Consumer Data Resellers	Service Providers (such as IT processing and storage providers) Our clients Governmental entities for legal purposes
   Financial and transactional information such as credit or debit card number, verification number, and expiration date,	A,B	To perform a contract we have with you and process transactions you have requested. To secure our Services. For legal purposes.	Directly from you	Service Providers (such as third-party payment processors and IT processing and storage providers) Governmental entities for legal purposes
   User-generated content such as comments and information you submit in public forums or message boards, reviews and feedback or testimonials you provide about our Services	A,B,D	To facilitate the evaluation and improvement of our Services. To communicate with clients, prospective clients, job candidates, and others. To secure our Services or verify your identity. For legal purposes.	Directly from you Publicly available websites	Service Providers Our affiliates Governmental entities for legal purposes
   Account information (such as username and/or password)	A,B	To provide the Services. To secure our Services or verify your identity. For legal purposes.	Directly from you	Service Providers (such as IT processing and storage providers) Governmental entities for legal purposes
   Social media information (which may include personal identifiers, photos, location, user generated content, demographic information) we may have access to any information you provide to a social network depending on your privacy settings such as your name, email address, friend list, photo, gender, location, and current city; and information you provide to us directly through our pages on social networking and blogging platforms (e.g., Facebook, Instagram, Snapchat, Wordpress, and Twitter)	A,B,F,J,K	To identify and evaluate candidates for employment at Buxton, and process job applications. To communicate with clients, prospective clients, job candidates, and others. For legal purposes.	Directly from you Publicly available websites Our Service Providers	Service Providers (such as IT processing and storage providers and hosted CRM providers) Governmental entities for legal purposes.
   Device information and identifiers such as IP address; browser type and language, and cookies	A,D,F,G	To provide the Services. To facilitate the evaluation and improvement of our Services. To communicate with clients, prospective clients, job candidates, and others. To secure our Services. For Legal purposes.	Directly from you (or your device) Consumer data resellers Our Service Providers	Service Providers (such as IT processing and storage providers, hosted CRM providers, and advertising networks and consultants) Clients Governmental entities for legal purposes
   Geolocation Data	G	To provide the Services To facilitate the evaluation and improvement of our Services. For Legal purposes.	Consumer Data Resellers	Service Providers (such as IT processing and storage providers) Our clients (client deliverables are randomized, obscured and/or aggregated) Governmental entities for legal purposes
   Internet network and device activity data such as information about files you download, domain names, landing pages, browsing activity, content or ads viewed and clicked, dates and times of access, pages viewed, forms you complete, search terms, uploads or downloads.	A,D,F	To provide the Services. To facilitate the evaluation and improvement of our Services. To communicate with clients, prospective clients, job candidates, and others. To secure our Services. For legal purposes.	Directly or indirectly from you Our Service Providers	Service Providers (such as IT processing and storage providers, hosted CRM providers, and advertising networks and consultants) Governmental entities for legal purposes.

   The 11 enumerated categories under the definition of “Personal Information” in the CCPA, some of which are referenced in the second column of the table above, are:

   1. A. Identifiers such as 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.
   2. B. Any categories of personal information described in subdivision (e) of Section 1798.80 of the California Civil Code.
   3. C. Characteristics of protected classifications under California or federal law, including 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).
   4. D. Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
   5. E. Biometric information (defined in the CCPA as an individual’s physiological, biological or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information).
   6. F. Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
   7. G. Geolocation data.
   8. H. Audio, electronic, visual, thermal, olfactory, or similar information.
   9. I. Professional or employment-related information.
   10. J. Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
   11. K. Inferences drawn from any other type(s) of Personal Information as defined by the CCPA to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

For further information or questions about Buxton’s information security program or the protection of confidential data, please contactCISO@buxtonco.com.