Privacy Policy

[Company Name] (currently set to Hercules Cash Homes) respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you interact with our website, services, marketing, and communications (including SMS/text messaging).

This Privacy Policy applies to our operations in [Business City], [Business State], and to all visitors, users, and customers (collectively, “you”). Please read this Privacy Policy carefully. By accessing or using our website, submitting information through our forms, or opting in to receive SMS/text messages from us, you acknowledge that you have read, understood, and agreed to the terms of this Privacy Policy.

Effective Date: [Effective Date]

1. Introduction

This Privacy Policy describes how [Company Name] (the “Company,” “we,” “us,” or “our”) collects, uses, and shares information in connection with our real estate services, including but not limited to our website, lead forms, phone calls, emails, SMS/text messaging, and any other online or offline interactions you have with us (collectively, the “Services”).

By accessing or using the Services, submitting an inquiry form, requesting an offer on your property, or opting in to receive communications from us (including SMS/text messages), you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with any part of this Privacy Policy, you should not use our Services or provide us with your personal information.

We may update this Privacy Policy from time to time. When we make changes, we will revise the “Effective Date” above. Your continued use of the Services after any update constitutes your acceptance of the revised Privacy Policy. We encourage you to review this Privacy Policy periodically to stay informed about how we are protecting your information.

2. Information We Collect

We collect information that you voluntarily provide to us and information that is automatically collected when you use the Services. The types of information we may collect include, but are not limited to, the following:

2.1 Personal Information You Provide

We may collect personal information that you voluntarily provide to us when you fill out a form, request an offer, contact us, or otherwise interact with us. This personal information may include:

  • Contact information, such as your name, mailing address, property address, email address, and phone number;
  • Property information, such as property type, condition, ownership status, and related details about the property you may wish to sell;
  • Communication preferences, including whether you wish to receive marketing communications or SMS/text messages from us;
  • Any other information you choose to provide in free-form fields (for example, details about your situation or timing to sell).

2.2 Automatically Collected Information

When you access or use the Services, we may automatically collect certain information about your device and how you interact with our website. This may include:

  • Device and usage information, such as your IP address, browser type, operating system, referring URLs, pages visited, and the date and time of your visit;
  • Information collected through cookies, pixels, web beacons, and similar tracking technologies to help us understand how you use the Services and to improve your experience;
  • Analytics information provided by third-party tools (for example, website analytics platforms) that help us measure traffic and usage trends.

2.3 Information from Third Parties

We may receive information about you from third parties, such as lead providers, marketing partners, data enrichment services, public records, or social media platforms, to the extent permitted by law. We may combine this information with information we collect directly from you to better understand your needs and provide more relevant Services.

3. Explicit SMS & Text Messaging Consent (TCPA & CTIA Compliance)

We may use SMS/text messaging as part of our communication with you. This section explains how we obtain, manage, and protect your SMS/text messaging consent in compliance with the Telephone Consumer Protection Act (“TCPA”), the Cellular Telecommunications Industry Association (“CTIA”) guidelines, and other applicable laws and regulations.

3.1 Obtaining Your Express Consent

We will only send you SMS/text messages if you provide your express consent. By providing your mobile phone number through our online forms, over the phone, in writing, or via any other opt-in method we present, you acknowledge and agree that you are expressly consenting to receive SMS/text messages from us, which may include transactional messages, appointment reminders, updates related to your property or our Services, and limited marketing messages related to our real estate solutions.

Your consent to receive SMS/text messages is not a condition of purchasing any property, product, or service from us. Message and data rates may apply depending on your mobile carrier plan. Message frequency may vary based on your interactions with us.

3.2 Opt-Out, Help, and Support Keywords

You may opt out of receiving SMS/text messages from us at any time. To stop receiving SMS/text messages, reply “STOP” (or any alternative opt-out keyword we specify, such as “END”, “CANCEL”, “UNSUBSCRIBE”, or “QUIT”) to any message you receive from us. After you text “STOP,” we may send you a confirmation message to verify that you have been unsubscribed. Following this confirmation, you will no longer receive SMS/text messages from that specific messaging program, unless you subsequently opt in again.

If you need assistance or more information about our SMS/text messaging program, you may reply “HELP” to any message, or contact us using the information listed in the “Contact Information” section below, such as [Support Email] or [Phone Number].

3.3 Siloed, Non-Transferable SMS Consent (No Sharing, Selling, or Distribution)

Your opt-in consent for SMS/text messaging is strictly siloed and used only by [Company Name] and solely for the specific program or campaign to which you opted in. We do not share, sell, rent, trade, or otherwise distribute your SMS/text messaging consent, phone number, or related opt-in data to any third parties for their own marketing or messaging purposes, nor do we allow any third party to use our SMS/text message list for their own benefit.

Any third-party service providers we use to facilitate our messaging (for example, SMS delivery platforms or marketing automation tools) are contractually obligated to process your information only on our behalf and not for their own independent use. Such providers are required to protect the privacy and security of your data and to handle it in compliance with TCPA, CTIA guidelines, and other applicable laws and industry standards.

We maintain internal controls and data segmentation practices to ensure that SMS/text message consent is used only for the specific purposes for which it was collected and is not combined or repurposed for unrelated third-party campaigns. Your SMS/text messaging consent remains tied exclusively to [Company Name] and its direct real estate services and communications.

3.4 TCPA and CTIA Compliance

We implement policies and procedures reasonably designed to comply with the TCPA, CTIA guidelines, and applicable carrier rules, including but not limited to:

  • Obtaining your express consent before sending non-emergency marketing SMS/text messages;
  • Providing clear disclosures about message frequency, data rates, and opt-out instructions at the point of collection;
  • Honoring opt-out requests promptly and maintaining internal suppression lists to prevent further messages after you opt out;
  • Monitoring our messaging content and frequency to ensure compliance with applicable rules and carrier requirements;
  • Promptly addressing any complaints or issues related to our SMS/text messaging practices.

4. How We Use Your Information

We use the information we collect for a variety of business and operational purposes, including but not limited to:

  • Responding to your inquiries, evaluating your property, and providing you with potential offers or solutions;
  • Communicating with you about your property, our Services, appointments, and any transactions or activities you initiate with us;
  • Sending you administrative information, such as confirmations, technical notices, updates, security alerts, and support messages;
  • Sending you marketing and promotional communications (including SMS/text messages, where permitted by law and where you have provided consent) about our Services, special offers, or other information we believe may be of interest to you;
  • Improving and optimizing our website, marketing efforts, and overall customer experience, including through analytics and research;
  • Detecting, preventing, and addressing fraud, unauthorized access, security issues, and other harmful or unlawful activities;
  • Complying with applicable laws, regulations, legal processes, and law enforcement requests, and protecting our rights and the rights of others.

5. Data Security & Retention

5.1 Data Security

We use reasonable administrative, technical, and physical safeguards designed to protect the information we collect and maintain from unauthorized access, use, alteration, or disclosure. These measures may include secure servers, access controls, encryption in transit where appropriate, and internal policies governing the handling of personal information.

However, no method of transmission over the Internet or method of electronic storage is completely secure. While we strive to protect your information, we cannot guarantee its absolute security. You provide information at your own risk, and you are responsible for using appropriate security measures when interacting with us online.

5.2 Data Retention

We retain your personal information for as long as reasonably necessary to fulfill the purposes described in this Privacy Policy, including providing you with our Services, meeting our legal and regulatory obligations, resolving disputes, enforcing our agreements, and maintaining appropriate business records. The specific retention period may vary depending on the type of information and the context in which it was collected.

When we no longer need to retain your personal information, we will take reasonable steps to delete, anonymize, or otherwise dispose of it securely, in accordance with our data retention policies and applicable law.

6. Your State Privacy Rights

Depending on where you live, you may have certain rights regarding your personal information under state or local privacy laws (for example, consumer privacy laws in certain U.S. states). These rights may include, where applicable and subject to limitations in the law:

  • The right to know what personal information we collect, use, disclose, or sell about you;
  • The right to request access to the personal information we hold about you;
  • The right to request correction of inaccurate personal information;
  • The right to request deletion of your personal information, subject to certain legal exceptions;
  • The right to opt out of certain types of data sharing or targeted advertising, where applicable;
  • The right not to receive discriminatory treatment for exercising your privacy rights.

To exercise any rights you may have under applicable law, you may contact us using the information provided in the “Contact Information” section below. We may need to verify your identity before processing your request, which may require you to provide certain information so we can match you to our records. In some cases, you may be permitted to designate an authorized agent to submit requests on your behalf, in which case we may require additional information to verify the agent’s authority.

Because privacy laws vary by jurisdiction and are subject to change, the specific rights available to you may differ depending on your location. Nothing in this Privacy Policy is intended to create rights beyond those that exist under applicable law.

7. Contact Information

If you have any questions, concerns, or requests regarding this Privacy Policy, our SMS/text messaging practices, or our handling of your personal information, you may contact us using the following information:

[Company Name]
[Business Address Line 1]
[Business Address Line 2]
[Business City], [Business State] [ZIP Code]

When you contact us, please provide enough detail so we can understand and respond to your question or request. We will make reasonable efforts to address your inquiry in a timely and appropriate manner.