Effective Date:  07/01/2017

 

Welcome to UTOFUN, Inc.’s UTOFUN.com website(“UTOFUN,” “us,” “our, ” or “we”). UTOFUN.com is an intermediary technology platform (“Platform” or “Site”) that permits certain users (qualifying as accredited investors or non-US persons, as defined by US securities regulations) to independently connect with issuers (“Issuer”) or to independently view general information of non-public company shares listed by shareholders (“Shareholder”) and indicate investment interest to Indirectly invest in real estate projects.   UTOFUN respects your privacy and is committed to protecting your personal information.

 

This Privacy Policy applies to information we collect from all sources, including in connection with our websites, mobile sites,  and applications (“apps”) that link to this Privacy policy.  By using UTOFUN’s services you agree to the terms and conditions of this Privacy Policy.  

 

UTOFUN will comply with this Privacy Policy, as well as any applicable United States privacy law, when we gather and use information from users of our Services.  We encourage that all users read this privacy policy to understand what information is collected and we do with that information.

 

Collection of Information

 

When you use the Services, a variety of information is collected:

 

  • Information provided by users: When using the Services, you may provide information about yourself, such as name, address, phone number, email and details around potential transactions. You may also provide information about third-parties. 

 

Whenever you order products or services through the Services, UTOFUN may collect your credit/debit card information which is secured using industry-standard encryption technology.  UTOFUN will use this information solely to complete your order and will not share this information with outside parties, except to the extent necessary to complete the order or comply with applicable law.

 

In the event that a credit report is required to use a Service, UTOFUN may collect your Social Security number ("SSN"). This information is secured using industry-standard encryption technology. UTOFUN restricts access to SSNs to employees, vendors and subcontractors who require SSNs to support certain products and services. UTOFUN strives to protect SSNs from unlawful disclosure and to keep them confidential by maintaining physical, electronic, and procedural safeguards that comply with applicable state and federal regulations.

 

  • Cookies and Web beacons: Cookies are bits of electronic information that can be transferred to your computer or other electronic device to uniquely identify your browser.  When you use the Services, we may place one or more cookies on your computer or electronic device.  These cookies may be used to connect your activity on the Services with other information we store about you.  The use of cookies helps us improve the quality of the Services to you, by identifying information which is most interesting to you.  This is done by tracking trends, measuring the effectiveness of advertising or storing information you may want to retrieve on a regular basis.  At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. However, if you choose to disable cookies, many of the free features and Services will not operate properly. Also, the pages on the Services may include Web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different Web sites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address.

 

  • Third-party Cookies: UTOFUN works with service providers and advertising networks to track and manage cookie information and your activities while you’re using the Services and your online activities over time and across different websites and devices.  For more information please refer to the Behavioral Advertising and Opting out of Collection of Information sections below. 

 

We have implemented Google Analytics remarketing, which tracks and manages cookie information so that we and third-party service providers can better deliver advertisements that are relevant and useful to you on the Services and various websites across the Internet. We have also implemented Google Analytics display network impression reporting to better understand how ad impressions and ad services are related to visits to our sites. You can customize ads or opt out of these services using the Google Ads Settings.

 

  • Usage Logs: When you use the Services, your computer or electronic device communicates a variety of information to computer servers, including the existence of cookies, your Internet Protocol address, and information about your browser program.  We also create of record of what information you are requesting, such as the page or subject areas you’re visiting.

 

  • Social Networks: If you use the social networking connection functions offered throughout the Services, we may access all of your social network profile information  that you have made available to be shared and use it in accordance with this privacy policy.  Please refer to the information provided by the services that manages your social network account to manage the information that is shared through your account.

 

  • Calls: Calls to UTOFUN or to third parties through UTOFUN may be recorded or monitored for quality assurance and customer service purposes.  If a call is recorded between you and a third party, it will be deemed private information of both you and the third party, and may be released to either of you.

 

Usage and Disclosure

 

UTOFUN uses the information collected from you to communicate with you, operate our services, and present you with advertising that we believe will be of interest or useful to you.

 

Your privacy is important and we are committed to protecting information that identifies you personally, where you have chosen to keep it private (“Personal Information”).  We will only share Personal Information that you provide outside the public areas of the Services in the following circumstances:

 

  • Consent: When you consent or direct UTOFUN to share the Personal information.
  • Service providers to UTOFUN: When UTOFUN hires a service provider to help operate the Services or our business,  UTOFUN may give access to Personal Information only as necessary to perform the service for UTOFUN, and subject to the terms of this privacy policy.
  • Partners: UTOFUN may give business partners access to Personal Information only as necessary to offer products and services with those business partners, and subject to the terms of this privacy policy.
  • Legal obligation or protection from harm: When UTOFUN has a good faith belief that access, use, preservation, or disclosure of the Personal Information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms of Use, (c) detect, prevent or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property or safety of UTOFUN, its users, or the public against harm.

 

When you provide public information without identifying yourself, we will protect your personal identity as described above.  If you choose to provide information in public areas of the Services, this information will not be protected by this privacy policy because you have made an active choice to make that information public.  We are not responsible for any Personal Information you choose to submit in any public area of the Services.

 

When we deliver ads based on data about your use of the Services, we keep your identity anonymous.  We will not identify you to third parties, except in accordance with this privacy policy.  If you choose to respond to any advertised offer with your name and/or contact information, you will no longer be anonymous to the advertiser.  UTOFUN may share aggregate anonymous information with third parties.  This information does not personally identify individuals, but provides information about a group, or groups of people who prefer certain types of information and/or services.

 

Behavioral Advertising

 

UTOFUN may participate in behavioral advertising.  This means that any information collected from you by UTOFUN or any affiliated third parties through various means such as cookies about your use of UTOFUN’s services or online activities over time may be used to tailor advertisements to be more relevant and useful to you.   Collected information may include the content you view, the date and time that you view the content, and the website that referred you.  This information may be associated with your browser, device identifier, or Internet Protocol address.  Advertisements may appear on UTOFUN’s services or may be delivered to you to the email address you provided to us.

 

Opting Out of Collection of Information

 

UTOFUN and its affiliated third parties may provide you with advertisements that you may see on the Services, other affiliated websites, or through your email.  To improve the relevancy and help measure the effectiveness of such advertisements, UTOFUN and its affiliated third parties may use cookies, web beacons, or similar technologies to record user activity, such as pages visited, to learn what types of information are of most interest to their users.

 

If you do not want UTOFUN and its marketing services providers to follow your usage of its Services, you can opt out of the Cookies/Web beacons from: Google Analytics or contact UTOFUN using the information provided below.  Opting out of these services does not mean you will no longer receive online advertising.  It means that the services from which you opted out from will no longer deliver ads tailored to your Web preferences and usage patterns.  Please note that if you opt out and later delete your cookies, use a different browser, or use a different computer or electronic device, you will need to renew your opt-out choices.

 

Third Party Websites and Services

 

Throughout the Services, UTOFUN may link to the websites of other companies and/or individuals and certain functionalities on the Services may involve the distribution of your information to third-party websites.  These third-party websites may collect Personal Information about users on those websites, and UTOFUN’s privacy policy does not extend to these external websites and third parties.  Please refer directly to these third parties and websites regarding their privacy policies.

 

Storage, Security and Retention of Information

 

You acknowledge that Personal Information will be processed and stored by UTOFUN in databases hosted in the United States.  UTOFUN has taken reasonable steps to protect the information users share with us, including, but not limited to, set up of processes, equipment and software to avoid unauthorized access or disclosure of this information.  No transmission of information via the Internet can be entirely secure, so please always use caution when submitting Personal Information. 

 

We will retain your Personal Information for as long as you have an active account, as needed to provide you with UTOFUN’s services, to comply with our legal, financial reporting, or compliance obligations, and to enforce this privacy policy. 

 

Real Estate Information

 

UTOFUN may provide information about real estate markets and many times this information is already publicly available.  As long as the discussion concerns real estate and not individuals, UTOFUN intends to keep this information freely available through the Services. 

 

Children Under the Age of 18

 

UTOFUN will not knowingly collect personally identifiable information from any person under the age of 18.  The Services that UTOFUN provides are not designed to target or attract persons under the age of 18.

 

Changes to this Privacy Policy

 

The Privacy Policy may be amended from time to time and you should check back for the most current version before relying on any of the provisions of this Privacy Policy.  We reserve the right, in our sole discretion, to change, modify add or remove portions of this Privacy Policy at any time.  Your continued use of UTOFUN’s site and services constitutes consent to any changes.

 

Applicable Law and Jurisdiction

 

UTOFUN’s website is maintained in the United States of America.  By accessing this site, you consent to and authorize the export of Personal Information to the United States of America and its storage and use as specified in this Privacy Policy.

 

This Privacy Policy shall be governed by, construed and entered in accordance with the laws of the State of New York applicable to contracts deemed to be made within such state, without regard to choice of law or conflict of law provisions thereof.  All disputes with respect to this Privacy Policy shall be brought and heard either in the New York State Courts located in New York County, or in the federal district court for the Southern District of New York.  You consent to the in personam jurisdiction and venue of such courts.  YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

 

Contact UTOFUN

 

You can access, update, and delete personal information you provide to UTOFUN in your account profile by logging into your account or emailing us at utofun@utofun.com.  While we are ready to assist you in managing the Personal Information you provide to us, we cannot always delete records due to financial reporting, compliance, or other reasons.

 

Any questions about this Privacy Policy, or the privacy practices of UTOFUN, can be sent by email to utofun@utofun.com.,  by mail to UTOFUN, Inc. at 4114 Main Street, Flushing, NY 11358, or by calling 917-593-9580.