Last Modified: March 7, 2023
California Notice at Collection
Qualia Labs, Inc. and its affiliates (“Qualia” or “we” or “us” or “our”) develop and support a technology platform and related services that help key actors in U.S. real estate, such as title and settlement agents, mortgage lenders and title insurance underwriters, conduct their operations more efficiently and more transparently. Our platform supports these goals by enabling Qualia’s customers to collaborate - collecting or sharing information with other Qualia customers, service providers and individuals, such as buyers and sellers. In order to market and provide our services to customers, Qualia collects and uses information too.
This Privacy Policy describes our privacy practices, including how and why we collect, use, and share personal information. This Privacy Policy applies to any Qualia sites, apps or services developed and supported by Qualia that link to or reference this Privacy Policy (the “Services”), such as qualia.com, and the Qualia Connect app for mobile devices. This Privacy Policy does not apply to Qualia’s collection and use of personal information relevant to employees, whether prospective, current or separated. Also, this Privacy Policy does not apply to the practices of companies we don’t own or control or parties that we do not manage.
This Privacy Policy provides detailed information about the collection and use of personal information that Qualia controls. It does not govern the collection and use of personal information that is controlled by others, such as Qualia customers, including personal information that Qualia may process for customers. For more information on the personal information that Qualia processes for (and at the direction of) Qualia customers, please see section 1.
By using or accessing the Services, you acknowledge that we will collect, use, and share your information as described in this Privacy Policy. Use of the Services is governed by terms and conditions. Use of Qualia.com is subject to Terms of Use. Use of Qualia’s subscription services is typically subject to Connect Terms of Service or a Platform License Agreement. You have choices about whether to provide us with information and how we use that information. You may choose not to provide us with information, but your choice(s) may prevent you from using the Services or limit your use of certain features. For example, if you do not set up a Qualia Connect account, you will not be able to use Connect to participate in a transaction. See Section 6 for more information about your choices.
We may change this Privacy Policy to reflect changes in the law, our information practices or our operations. We will indicate the date of the most recent update at the top of this Privacy Policy. If we make a material change to the Policy, we will notify you as required by law. By using the Services, you confirm that you have read and understood the latest version of this Privacy Policy.
Qualia customers use Qualia to process personal information relevant to the people (e.g. buyer and seller) participating in a real estate transaction, such as a home purchase or refinancing (“Customer Data”). Customer Data may include: name, mailing address, property address, phone number, email address, banking and loan information, date of birth, government issued identification numbers, such as social security number, and signatures (traditional or electronic). And for individuals that participate in a remote notary session Customer Data may include: inspection of government issued identification, knowledge based identity verification questions and answers, electronic signatures and audio-visual recordings.
Qualia Customers control Customer Data. Qualia processes Customer Data at the direction of Qualia customers and subject to Qualia’s agreements with customers. Customer Data is not governed by sections 2-8 of this Privacy Policy.
If you were a participant (such as buyer or seller) in a transaction and have a question about how your information was processed, please contact the title agent that supported your transaction. If you are a customer and have questions about how Qualia processes Customer Data, please review your agreement with Qualia.
We may collect information that you provide directly to us in a variety of ways. Some examples are when you:
The information you provide directly to us may concern you or others. Some examples are:
When you use the Services, including when you visit our sites or install our apps, we automatically collect information about how you use the Services and the devices you use to access the Services. We may also generate information about you, such as identifiers for accounts or users. Some examples of the information we collect automatically or generate are:
We may gather information, including contact information, demographic, and statistical information, from third-parties, such as business partners, marketers, researchers, and analysts. We may use this information as described in Section 3, but typically we use this information to supplement the other information we collect. This can help us to improve our records, support administrative operations or market Qualia and the Services.
The Services may allow customers to engage with services provided by others (third parties) in ways that affect personal information. For example, if you choose to register or log in using a third party account (such as Google or your Company’s SSO provider), the authentication of your login details are handled by that third party and we collect the information you expressly agree to share with us at the time you give permission to link your account or deployment with the third party account. Collection and use of information by Third-Party Services and APIs is subject to the policies of the applicable third parties or our customers’ agreements with them.
In general we use personal information to develop, provide, support, and secure the Services or to market and communicate about the Services and Qualia. Some specific examples of how we use personal information are:
We may take steps to limit or prevent identification of any particular individual or device in the information we collect, such as by combining information relating to many individuals ("aggregation") or removing or changing pieces of information about each individual. We may use de-identified information for any lawful purpose, including to support our research, development, and marketing efforts.
We may disclose information about you to the types of recipients described below.
We employ organizational and technical measures that are intended to safeguard the personal information we collect, use or store. We also provide account administrators and individual users with features that can be used to enhance security. However, no method for transmission or storage of information is 100% secure. We cannot guarantee complete privacy or security for the information that you provide or that we collect.
Some states, such as California and Virginia, have enacted comprehensive privacy laws for consumers and their personal information. Other states, such as Colorado, Connecticut and Utah, have comprehensive consumer privacy laws that will take effect in mid to late 2023. Subject to certain exceptions, these laws typically establish rights for consumers regarding their personal information, including: the right to know if their personal information is being processed; the right to access their personal information; the right to correct their personal information; the right to delete their personal information; the right to opt out of sales of their personal information; the right to opt of targeted advertising.
Qualia does not market to consumers. As described in Section 1 Qualia customers (professionals in the real estate sector) may use Qualia to process personal information relevant to the participants (such as buyers and sellers) to real estate transactions, who may be consumers. This means that some or all of the personal information that is processed by Qualia may be controlled by a Qualia customer. Additionally, that information may be subject to laws, such as the Gramm-Leach-Bliley Act (GLBA), that affect whether state privacy law applies as well as a consumer’s rights under the applicable law.
If you are a resident of a state that has a comprehensive consumer privacy law in effect and have engaged with Qualia for personal or household reasons, we recommend that before you submit a rights request you closely review this Privacy Policy because it describes the personal information we collect and the purposes for which we use it as well as with whom we might share the information. If you have an account on Qualia Connect, we also recommend that you take advantage of the account management tools we provide. You may also want to contact the real estate professional, such as the title agent, that supported your transaction.
Rights requests may be submitted to privacy@qualia.com. Residents of Virginia, Colorado and Connecticut may appeal a refusal to fulfill a rights request by emailing privacy@qualia.com.
If you wish to opt-out of targeted advertising please visit our consent management platform.
If you are a consumer that resides in California and if applicable, you have a right to ask for a list of third-parties that have received your information for their own direct marketing purposes during the previous calendar year. We do not share personal information of California consumers with third parties for their own direct marketing purposes.
We do not currently take steps to respond to browsers’ "Do Not Track" signals as no uniform standard to respond to such signals has been developed at this time. Please note that Do Not Track is a different privacy mechanism than the Global Privacy Control browser choice described below.
This section supplements the information contained in the Qualia Privacy Policy and applies solely to visitors, users and others who are residents of the State of California, as defined in Section 17014 of Title 18 of the California Code of Regulations.
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“CA Personal Information”). The table below describes information that may be collected or shared. These collections and any sharing do not occur in every case. This section does not describe collection and use of information that Qualia processes only on behalf of Qualia customers or that is exempt from California’s Consumer Privacy Act (CCPA). CCPA exempts certain data from the definition of personal information, including publicly available data and personal information covered by certain sector-specific privacy laws, such as personal information collected, processed, sold, or disclosed pursuant to the federal Gramm-Leach-Bliley Act (Public Law 106-102), and implementing regulations, or the California Financial Information Privacy Act (Division 1.4 (commencing with Section 4050) of the Financial Code).
| Categories of Personal Information defined by CCPA | Collect | Details | Source | Typical Uses (Purposes) - For more info see section 2 (How Does Qualia Use Your Information) |
|---|---|---|---|---|
| Identifiers | Yes | Name, email address, postal address, telephone #, account #, user ID, IP address, cookies | Individual, third party, or generated by Qualia |
|
| Personal Information described in subdivision (e) of Section 1798.80 | Yes | Name, signature, address, phone #, bank account #, credit card # | Individual or third party |
|
| Protected classifications | No | N/A | N/A | N/A |
| Commercial Info | Yes | Order Forms, Invoices | Generated by Qualia or issued by payment processors |
|
| Biometric Info | No | N/A | N/A | N/A |
| Internet activity | Yes | Browsing history, log files | Individual, Generated by Qualia |
|
| Geolocation Data | Yes | General location associated with IP address | Individual or Individual's device |
|
| Audio, electronic visual or similar info | Yes | Voices and images | Prospects, Customers, Users with appropriate consent |
|
| Professional or employment info | N/A | N/A | N/A | N/A |
| Education info | Yes | As part of individual’s professional background | Individual User, Third parties, public sources |
|
| Inferences drawn from personal information | No | N/A | N/A | N/A |
| Sensitive Personal Information | Yes | Access credentials | Individuals |
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Any CA Personal Information we collect is subject to disclosure to our service providers. These service providers help Qualia achieve its purposes as described above in Section 2, and Section 7(D)(I) - whether that is merely storing the data or helping us send an email to individuals or to process payments. In more specific cases, certain CA Personal Information may be disclosed to others, including other users. For example, we may: disclose basic contact info about event attendees to co-sponsors and other attendees; or we make A/V recordings of a remote online notary session available to the notary and others, such as the title agent. Also, for security purposes, services like Core and Connect track the activity of each user and make portions of that activity available to account administrators for their audit purposes.
Qualia retains or stores CA Personal Information for as long as necessary to: achieve the purpose for which it is processed; comply with retention periods established by applicable law; prevent or resolve disputes; or enforce our agreements.
If you are a California resident, you generally have certain rights in relation to your CA Personal Information. California law may permit you to request that we:
You may also have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Finally, the CCPA also allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if your sensitive personal information is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for purposes for which you cannot opt out under the CCPA.
We recommend that before you submit a rights request you closely review this Privacy Policy because it describes the CA Personal Information we collect and the purposes for which we use it as well as with whom we might share the information. If you are a user, we also recommend that you take advantage of the account management tools we provide within the applicable services (e.g. Core, Connect, etc.).
Before satisfying a rights request Qualia will take steps to verify the identity of the requestor. These steps may include: requiring you to log in to your account (if applicable); confirming your possession or knowledge of certain information about our relationship with you; asking you to complete a declaration regarding your identity. If your request is submitted by an agent, Qualia will take steps to verify your identity as well as the authority of the agent, including whether the agent is registered with the California Secretary of State. If we cannot verify the identity of a requester or the authority of an individual’s agent (if applicable), we will not satisfy the request. Please also take a few minutes to write and present requests that are descriptive and clear about exactly what you want.
Exceptions to Rights Requests. CCPA sets out a number of grounds on which a business may deny a rights request. For example a request to delete may be denied if the CA Personal Information is needed to: complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relations with you or otherwise perform our contract with you; detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity or prosecute those responsible for such activities. If there are reasonable grounds for denying a rights request, we will advise you of that fact.
If you have a rights request, please contact privacy@qualia.com.The CCPA also requires businesses that "share“ CA personal information to provide an opt out from such sharing. Under the CCPA, ”sharing” is defined as the targeting of advertising to a consumer based on that consumer’s personal information obtained from the consumer’s activity across websites. We may “share” information collected when individuals visit our public sites, such as qualia.com so that we can target and deliver relevant advertising about Qualia and Qualia services. As part of our targeted advertising, we may "share“ identifiers (like IP addresses and email addresses), internet or other electronic network activity information (like information regarding an individual’s browsing interactions on our public sites), and commercial information (like the fact that a browser visited a page directed to people who are considering title production software) with advertising platforms and advertising networks. To opt out of such “sharing,” please visit this link: Do Not Share My Personal Information
The CCPA also requires businesses that "sell“ CA personal information to provide an opt out from such sharing. Based on the definition of “sell” under the CCPA, we do not believe we engage in such activity.
Qualia’s public sites that provide a cookie consent tool are configured to respond to and abide by opt-out preference signals sent through the Global Privacy Control. Any opt out preferences you have exercised through these methods will only apply to the specific device/browser on which you made them. For more information on how to use the Global Privacy Control, see www.globalprivacycontrol.org.
Under Nevada law, certain Nevada consumers may opt out of the sale of "personally identifiable information" for monetary consideration."Personally identifiable information" includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online.
We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by emailing privacy@qualia.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.
If you have any questions or concerns regarding this Privacy Policy or Qualia’s use of your information, please send a detailed message to privacy@qualia.com. Qualia is headquartered in San Francisco, CA at 50 Fremont Street, 36th Floor, San Francisco, CA 94105.