Privacy Policy

Last Updated: September 17th 2024

AGAIN IT, UAB (“we,” “our,” “us,” or “Guestimator”), prepared this Privacy Policy to help you understand our practices with respect to the collection, use, and disclosure of information we collect from you through our website at www.guestimator.io (the “Site”), our application at app.guestimator.io and any other service that links to this Privacy Policy (collectively, our “Services”). This Privacy Policy describes how we collect, use, and disclose information from and about you in connection with your use of our Services.

This Privacy Policy is incorporated in our Terms of Service. It does not govern the practices of website we do not own or control or that do not link to this Privacy Policy. By accessing or using the Services, you agree to this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Services.

We provide additional information for California residents and European residents below.

1. Information We Collect

For our customers (and their end users of the Services) and Site visitors, we collect information you provide us, including when you register with us, interact with us, and information included in your models; information from third parties; and information collected automatically.

If you are an employee or contractor or service provider of a Guestimator customer, we may collect information about you from such customer including contact information to invite you to the Services or create an account for you or information in the model data (as described below) customers provide to us.

Information You Provide

We may collect information you provide to us when, for example, you sign up for an account or contact us or use the Services. We may also collect information from our customers about you if you are a Guestimator end user or if you are an employee, contractor, or service provider of a Guestimator customer. The information we collect may include:

• contact and account information, such as your first and last name, email address, account password, billing and/or business address, account tier, and work effort estimation needs;
• Information about your business, employees, or other employment information;
• work effort estimation data;
• any information you otherwise provide us such as information you include in an email to us or in interactions with customer service.

We may also collect any information input into the models you create using our Services (“model data”). We do not control the categories of personal information Guestimator customers input into models. We may use this data for all purposes described in this Privacy Policy, except for those in the Marketing and advertising section below.

Information from Third Parties

• We may collect information about you from third parties, as permitted by law, such as data providers, third-party advertisers, and other commercially available sources; public sources such as publicly available social media pages; and third-party services that you choose to connect to your models. We may combine this information with other information we collect.
• If you are a Guestimator end-user or if you are an employee, contractor, or service provider of a Guestimator customer, we may collect information about you as described above.

Automatically Collected Information

When you interact with the Services, we may automatically collect information about your device, your use of the Services, and your online activity. Information about your device may include:

• Device data, including but not limited to your device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone or tablet), IP address, MAC address, unique identifiers (including cookie identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., whether you are using WiFi, LTE, 3G), general location information such as city, state or geographic area.
• Usage data, such as pages or screens you viewed, how long you spent on a page or screen, the website you visited before browsing to our website, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

Some of the information we collect automatically is collected using cookies, web beacons (also known as pixel tags or clear GIFs), and similar technologies, as well as local storage. For your choices regarding our collection of information with these technologies, see Section 5, Your Rights & Choices, below.

2. How We Use Information

We may use your information to:

• Provide, operate, maintain, and improve our Services;
• Communicate with you about our Services, including by sending announcements, updates, security alerts, and support and administrative messages, subject to any opt-out preferences you have communicated to us;
• Provide customer support and respond to your requests, questions, and feedback;
• Process transactions you request or initiate;
• Research and analyze the functioning and use of the Services;
• Undertake internal research for product improvement and development.
• Provide security and monitoring, and address technical issues and bugs;
• In accordance with applicable law, advertise and market our Services to you, including on third-party websites, subject to any opt-out preferences you have communicated to us (note that we do not use model data for this purpose);
• Protect, enforce, or defend the legal rights, privacy, safety, security, or property of Guestimator, its employees or agents, its users, or others, and to comply with applicable laws, including valid legal process such as subpoenas or requests from government authorities;
• Audit our internal processes for compliance with legal and contractual requirements and internal policies;
• Enforce the terms and conditions that govern our Site and Services;
• Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft; and
• For any other purpose, with your consent.

We may create aggregated or de-identified data for purposes of improving the Services and as described in the agreement between Customer and Guestimator.

3. How We Disclose Information

We may disclose your information to:

• Affiliates and subsidiaries. We may share information with our affiliated entities and subsidiaries.
• Service providers. We may share information with companies and individuals that provides us with services that help us operate our Services and business, such as web hosting, data storage, security, fraud prevention, sales and marketing, advertising, payment processing, and website analytics. Service providers may only use your information to provide us with services, not for their own purposes.
• Advertising partners. Third party advertising companies may use cookies and similar technologies to collect information for tailored advertising purposes. For more information, see Section 4, Analytics and Advertising, below.
• Professional advisors. We may share information with professional advisors, such as lawyers, auditors, and consultants, in the course of the professional services that they render to us.
• Third parties to whom we are legally obliged to disclose information. We may disclose information to law enforcement, government authorities, or others as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (such as subpoenas); protect the property, rights, and safety of Guestimator, our employees and users, and any third party; prevent an activity that may be illegal, unethical or legally actionable; or otherwise to comply with the law.
• Business transferees. We may disclose information to acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Guestimator or our affiliates (including in connection with a bankruptcy or similar proceedings).
• Other third parties, with your consent. We may disclose information to any third party when we have your consent to do so.

4. Analytics and Advertising

Online analytics: We may use third-party web analytics services (such as those of Google Analytics) on our Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.

Online advertising: We allow select third-party advertising technology partners to place cookies or other tracking technologies on your browser to collect information about you as discussed above. These third parties (e.g., ad networks and ad servers such as Google and others) may use this information to serve relevant content and advertising to you about our Services as you browse the Internet. For information about your choices regarding such advertising, see Section 5, Your Rights & Choices, below.

5. Your Rights & Choices

You have a number of choices with regard to the information we collect from and about you.

Your legal rights.

Depending on your jurisdiction, if you are a Customer or a Site visitor you may request:

• Access to, transfer of, and certain information about our processing of, your information.
• Correction of inaccuracies in your information.
• Deletion of your information, subject to any legal or other rights we have to retain certain information.
• Restriction of the processing of your information; you also have the right to object to our processing of your information in some circumstances.

You may submit these requests by email (at [email protected] io) to our email provided below. Please explain as clearly as possible the right you want to exercise and the Personal Data with respect to which you want to exercise it. We may request specific information from you to help us confirm your identity and process your request. Applicable law may require or permit us to decline your request. If we decline your request, we will tell you why, subject to legal restrictions.

If you are an end user of Guestimator’s services or believe a customer has submitted information about you and you are not a direct customer or Site visitor (for example, your company uses Guestimator and you’re an employee or contractor of that company), you should direct requests relating to your information to the administrator of your company’s Guestimator account. If you contact us, we will redirect you to your administrator or notify the administrator directly.

Marketing communications. You may opt out of marketing-related communications by following instructions contained in those communications. Note that you may continue to receive transaction-related emails regarding products or Services such as receipts of purchases and communications regarding updates to our Privacy Policy.

Cookies and similar technologies. You can limit the collection of information through cookies and similar technologies as follows:

• Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
• Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers. You can block our Site from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers. You can also opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.

Tailored advertising. We may engage third parties to serve advertisements for our Services on our behalf on other website and applications. You have certain choices regarding use of your information for this purpose.

• Advertising industry opt-out tools. You can use the opt-out tools below to limit use of your information for tailored advertising by participating companies. We make no representations about these opt-out mechanisms or their effectiveness. Please note that if you opt out, you may still see advertisements for our Services; however, they will not be tailored based on your interests.
• Digital Advertising Alliance for Websites: outout.aboutads.info
• Digital Advertising Alliance for Mobile Apps: https://youradchoices.com/appchoices
• Network Advertising Initiative: optout.networkadvertising.org

For tailored advertising carried out through cookies, the cookie opt-out mechanisms above will also limit the use of your information for tailored advertising.

Mobile devices often include settings to help you manage how your device collects and shares information for advertising purposes. For more information on how to manage those devices settings, please visit the Network Advertising Initiative’s mobile choice page at https://www.networkadvertising.org/mobile-choice.

Please note opting out of tailored advertising does not prevent you from seeing ads for our Services online; instead, the ads you see are not based on your interaction with the Services. Opting out is generally effective only on a device-by-device, or browser-by-browser basis. If you use more than one browser or device, the effect of any opt-out mechanism you use may be limited to the device on which you used the mechanism.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals. Because these signals are not yet uniform, we currently do not recognize or respond to “Do Not Track” signals.

6. Notice to International Users; Consent to Transfer

AGAIN IT, UAB and some of Guestimator’s personnel, systems, and service providers are located in the United States and subject to U.S. law. If you are accessing the Services from outside the United States, please be advised that U.S. law may not offer the same privacy protections as the law of your jurisdiction. By accessing and using the Services, you understand your information will be processed in the United States. If we transfer information to the United States or to another jurisdiction (e.g., for purposes of providing it to a service provider), we will do so using appropriate legal mechanisms.

7. Third-Party Sites and Services

Our Services may contain links to or integrations with websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites or online services operated by third parties, and we are not responsible for their actions. The collection, use, and disclosure of your information by third parties will be subject to the privacy policies of the third-party websites or services, and not this Privacy Policy. We urge you to read the privacy and security policies of these third parties.

8. Data Security

We employ a number of technical, organizational and physical safeguards designed to protect the personal information we collect. However, no security measures are failsafe and we cannot guarantee the security of your personal information. Please take steps to safeguard your information, such as by choosing a complex password when creating an account on the Services and logging out of the Services after accessing them on a shared device.

9. Data Retention

We retain information for as long as necessary to fulfill the purposes for which we collected it, including for the purposes of satisfying our contractual obligations with our customers or any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes. When we have no ongoing legitimate business need to process your information, we will delete or otherwise dispose of it as required by applicable law.

10. Children’s Privacy

The Services are not intended for use by individuals under 18 years of age. We do not knowingly collect personal information from children under 18. If we learn that a child under 13 has provided us with personal information (as defined in the Children’s Online Privacy Protection Act, or COPPA), we will delete it in accordance with applicable law.

11. Notice to European Economic Area Residents

Controller. Guestimator is the controller of your Personal Data (as defined in the General Data Protection Regulation or GDPR) covered by this Privacy Policy for purposes of the GDPR.

Legal basis for processing. Our legal bases for processing the Personal Data described in this Privacy Policy are as follows:

• Where use of Personal Data is necessary to perform our obligations under a contract or commitment to you. For example, to provide the services you’ve requested from us, or to comply with our Terms of Service or MSA.
• Where use of Personal Data furthers our legitimate interests or the legitimate interests of others. For example, to provide security for our Services, operate our business and our Services, make and receive payments, defend our legal rights, and prevent fraud.
• Where we use Personal Data to comply with applicable legal obligations. For example, keeping track of purchases for tax and auditing purposes.
• Where you have consented to our processing of Personal Data for a particular purpose.

Sensitive Personal Data. We ask that you not provide any sensitive Personal Data to us because we do not have the ability to identify or offer enhanced protections for sensitive Personal Data. If you choose to provide us with any sensitive Personal Data, we will process it in accordance with this Privacy Policy.

We encourage you to contact us directly and allow us to work with you to address any concerns you might have. Nevertheless, you have the right to lodge a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside or work, or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Data relating to you infringes applicable data protection laws.

12. Notice to California Residents

We are providing this supplemental Notice to California Residents pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). This section only applies to “Personal Information” (as defined in the CCPA) of California residents and supplements the rest of the Privacy Policy above. Data about individuals who are not residents of California may be handled differently and is not subject to the same rights described in this Section. This section applies only to the extent required by the CCPA, so it does not apply to any Personal Information we collect, use or disclose about individuals who represent businesses that provide services to us or to which we provide our Services.

Collection, use, and disclosure of Personal Information.

During the 12 months leading up to the effective date of this Privacy Policy, we may have collected all of the information described in Section 1 of our Privacy Policy from and about California residents. We collect this information in the ways and from the sources described in Section 1 above (Information We Collect), and we may use this information in the ways described in Section 2 above (How We Use Information). We may disclose any of the information listed in Section 1 above to any of the entities or individuals listed in Section 3 above.

The CCPA defines “sale” broadly potentially to include allowing third parties to receive certain information such as cookies, IP address and/or browsing behavior in order to enable us to market our Services to you on other websites or apps. Depending on what Services you use, we may share (and over the past 12 months may have shared) the following categories of information for such advertising: identification and demographics; device information and identifiers, such as IP address, and unique advertising identifiers and cookies; connection and usage information, such as browsing history or app usage; geolocation information, such as city; and inference data.

You can opt out of certain of this activity by exercising choices set forth under Tailored Advertising above. During the past 12 months, we have not provided and we do not currently provide personal information to third parties for monetary payment.

CCPA Rights. The CCPA grants certain California residents the right to make requests as set forth in Your Legal Rights above.

You are entitled to exercise the rights described above free from discrimination.

California residents can also permit an “authorized agent” to submit requests on their behalf.

13. Shine the Light Disclosure

California’s “Shine the Light” law, Cal. Civil Code section 1798.83, requires certain businesses to respond to California customers’ inquiries about the categories of personal information (as defined in that statute) that are shared for third parties’ direct marketing purposes over the prior calendar year. We do not share your personal information with third parties for their own direct marketing purposes.

14. Changes to This Privacy Policy

We reserve the right to modify this Privacy Policy at any time. These changes will be reflected in the most current Privacy Policy, which is available through the Site. If we make material changes to this Privacy Policy, we will notify you as required by law. Your continued use of the Services following any changes signifies your acceptance of the Privacy Policy as modified.

15. How to Contact Us

You can reach us by email at [email protected].