Terms & Conditions
V1.1 - Last edited April 20, 2022
This privacy notice is made by Tend and its affiliates (“Tend”, “we”, “us”, “our”). It applies to personal information about individuals that we collect through our websites, products, services, and applications (“Service(s)”) to which this privacy notice is linked. This privacy notice does not govern information collected by any third party, including through any application or content that may be linked to, or accessible from, our Services. This privacy notice also does not apply to information that does not relate to an individual (for example, information about a corporation or other business entity). Some of our Services may be subject to a separate privacy notice. In that case, the Service-specific privacy notice will apply instead of this privacy notice.
Table of Contents
What Personal Information We Collect
We collect several types of information from and about users of our Services, including information:
- by which you may be personally identified;
- that is about you but does not individually identify you; and
- about your property, internet connection, device and browser details, and usage information.
The personal information that we collect varies by Service and depends upon the nature of your relationship with us (for example, as a residential service contract holder, warranty plan customer, service provider, distribution or marketing partner, customer or employee of a third party with whom we do business, or any other person interacting with us about our business or the Services we offer). The personal information we collect about you may include any of the following categories of information:
Name and contact information
- First and Last Name
- Email Address
- Mailing Address
- Telephone number
- Date of birth
- Preferred language
- Payment card numbers
- Billing address
- Financial institution routing and account numbers
- User name
- Security questions and answers
Recording and Images
- Telephone or voice recordings
- Physical address
- ZIP Code
- IP address
- Property characteristics
- Repair History
Other products and services you own or use
- Connected devices in your home
- Recent purchases
- Energy use
Marketing and satisfaction data
- Marketing preferences
- Contest or sweepstakes submissions
- Customer feedback
- Details about your computers, devices, applications and networks
- IP address
- Browser characteristics
- Operating system
- Language preferences
- Clickstream data
- Navigation patterns
- Referring URLs
- Dates and times of website visits
The examples above do not describe every type of information we collect and we may collect information about you that is not specifically identified above.
How We Collect Personal Information
We collect information in the following ways:
Information that You Give Us
You may provide us information about yourself and your household use our websites or other applications, send us an application or claim form, or communicate with us. If your Tend Service was obtained through a third party (such as an insurance agent, homebuilder, real estate agent, property manager, or employer), information may be provided to us by that third party on your behalf.
If you provide us with information about individuals other than yourself, you agree to inform those individuals about the content of this privacy notice and to obtain any consent required to share that person’s information under any applicable laws, rules, or regulations.
Information from Our Affiliates
We may obtain information about your transactions with our affiliates in accordance with applicable law.
Information from Third Parties
We may obtain some information about you from non-affiliated third parties. These third-party sources vary over time and by Service, but may include:
- Information brokers from which we purchase information;
- Consumer reporting agencies;
- Service providers;
- Partners with whom we offer co-branded products or services or engage in joint marketing activities;
- Publicly-available sources such as government databases, media coverage, or other data sources that are available to the public;
- Insurance agents and brokers;
- Insurance companies;
- Resellers or distributors;
- Social media; and
- Other third parties whom you have authorized to provide us information or as otherwise permitted by law.
Information Collected Automatically
As you use our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website; and
- Information about your computer or device and internet connection, including your IP address, operating system, and browser type.
We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).
The information we collect automatically may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Services and to deliver better and more personalized services, including by enabling us to:
- Estimate our audience size and usage patterns;
- Store information about your preferences, allowing us to customize our Services according to your individual interests;
- Speed up your searches; or
- Recognize you when you return to our Services.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our websites may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of our websites and emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
How We Use Personal Information
Generally, we use your personal information to provide you with the products and services that you request, offer you other products and services that we think might interest you, and to improve your overall experience with our Services. We may also use your personal information to:
- communicate with you about your account, business relationship, products, or services;
- provide information to you about changes to our Services;
- let you know about new features, products, or services that may be available to you;
- process, investigate, and administer your claims;
- manage, investigate, or resolve disputes or complaints;
- bill you, process payments, and collect on amounts that you may owe us;
- process payments for amounts that we may owe you;
- confirm your identity;
- determine your eligibility for products or services, or for alternative payment arrangements for products and services you already use;
- market other products and services to you, including those that we or our affiliates offer, as well as products and services offered by certain third parties selected by us;
- improve our products, services, sites, and operations;
- develop and offer new products and services;
- personalize your experience while using our Services;
- facilitate social media sharing and communications;
- permit you to enter contests, sweepstakes, and similar promotions (which may have additional terms and condition that describe other uses of your personal information);
- detect, investigate, and prevent activities that may be fraudulent, illegal, or in violation of our policies;
- comply with our internal policies and procedures, as well as the laws, rules, and regulations that apply to our business;
- respond to requests for information from governmental authorities;
- establish or defend our legal rights and responsibilities, or those of our affiliates, business partners, vendors, customers, or others;
- perform other activities as permitted by applicable law.
We may send you notices about your account, your orders, your payments, your renewals, and other transactional matters. We may also send you service-related communications, including scheduled service, provider to be dispatched, issues or delays with service/parts, and others. You may not opt out of receiving these communications, as they are not promotional.
Electronic Promotional Offers.
We may send you promotional emails regarding special offers about our Products and Services or on behalf of third-party marketing partners who we think can offer services and products of interest to you. If you do not want to receive emails regarding special promotions or offers, you may opt-out by clicking the unsubscribe link provided in the email.
How We Share Personal Information
We may share your personal information with:
- Our affiliates. Other companies related to Tend, including our investors, subsidiaries, and affiliates (collectively, “affiliates”), may be able to access and use your personal information to conduct our business, provide and improve upon our Services, or engage in marketing or research activities on our behalf or on behalf of our affiliates. Our affiliates may provide a variety of products and services, including financial products and services (such as property and casualty insurance, life or health insurance, consumer banking, or securities brokerage, insurance agency or brokerage services), service contracts or extended warranties, professional employer organization services, business process outsourcing, among others.
- Our vendors and service providers. We utilize third party service providers, such as contact center service providers; claims servicing providers and third party administrators; software providers; IT support, systems, and hosting providers; accountants, actuaries, auditors, consultants, engineers, lawyers, medical professionals, and other professional advisors; claims adjusters and investigators; marketing, advertising and printing providers; research providers; financial institutions such as banks and credit unions; our insurers and brokers; recruiting and staffing firms; background check providers and consumer reporting agencies; document and record management providers; identify management and repair providers; cybersecurity consultants and analysts; repair and service providers; construction companies and consultants; translators; and other third parties from whom we purchase products or services, or who may provide products or services to you on our behalf. We may share your personal information with these third parties to conduct our business, provide and improve upon our Services, or engage in marketing or research activities.
- Insurance-related entities. We may share personal information with third parties such as insurers; reinsurers; insurance and reinsurance agents, brokers, intermediaries and other representatives; insurance adjusters; and third-party administrators.
- Distribution partners. We may make personal information available to our distribution and marketing partners, including insurance and real estate agents, property managers, utilities, resellers, dealers, retailers, affinity marketing partners, referral partners, sales agents, brokers, marketing agents, service contract and home warranty obligors and sellers, and others involved in the distribution, sales, or marketing of our Services or other products or services that we may co-market with third parties.
- Governmental authorities and parties involved in litigation. We may share personal information with governmental, regulatory, or administrative authorities (such as courts, law enforcement, tax authorities, workers’ compensation boards, and state or federal regulatory agencies), and third parties involved with litigation or other dispute resolution or legal processes, as well as their respective lawyers, accountants, auditors, and other advisors or representatives to the extent that we deem necessary and appropriate to: (a) comply with applicable laws, rules, and regulations; (b) comply with judicial orders or legal process; (c) respond to requests from government authorities, including law enforcement, (d) enforce our policies, terms and conditions, and agreements; (e) protect our rights, safety, or privacy, or those of others; (f) pursue and collect available remedies or limit our damages; and (g) establish or defend our legal rights or responsibilities.
- Other third parties. We may also share your personal information with credit bureaus and credit reporting agencies; emergency services personnel (police, fire, and medical services); healthcare providers, insurers, and networks; others involved in a claim (and their representatives), and any parties involved in an actual or prospective sale, acquisition, merger, joint venture, assignment, transfer, reorganization, joint venture, or other transaction relating to some or all of our business, assets, stock, or ownership interests.
How We Protect Your Personal Information
We restrict access to your personal information to the individuals and entities described above, and to our employees or contractors who need to know that information in order to conduct our business, provide you Services, or take any other actions in accordance with this privacy notice. We maintain physical, electronic, and procedural safeguards to help protect your personal information in compliance with applicable state and federal laws.
Aggregate or De-identified Data
We may aggregate or de-identify information collected by the Services in such a way that it is not capable of identifying you. Our use and disclosure of aggregated or de-identified information is not subject to any restrictions under this Privacy Notice, and we may disclose it to others without limitation for any purpose
We do not knowingly collect personal information from, nor are any of our products or services intended for, or marketed to, children under the age of 13.
Do Not Track Signals
Currently, we do not respond to Web browser "do not track" signals or other mechanisms that permit consumers to opt out of tracking on our websites and applications.
Changes to this Notice
We may update this privacy notice at any time to reflect changes to our information handling practices. If we make any changes to this privacy notice, we will notify you by means of a notice on our website(s) and application(s) prior to the change becoming effective, and we will change the “last revised” date at the top of this page. We encourage you to periodically review this notice for the latest information on our privacy practices and handling of your personal information.
Notice to California Residents – Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information by certain businesses to third parties for the third parties’ direct marketing purposes, including the identity of the third parties to whom information was disclosed and the type of information that was disclosed. Please note that, under California law, a business is only required to respond to such a request once in any calendar year. To make such a request, please send an email to firstname.lastname@example.org or write to:
Attn: Legal Department – Privacy
6400 S Fiddlers Green Circle, Suite 100
Greenwood Village, CO 80111
Please be aware that not all information sharing is covered by Section 1798.83, and our response will be limited to information covered by that law.
How to update Your Personal Information
If you believe that any of the personal information that we have collected about you is incorrect, you may send a written request for review to the address below. We will investigate your report and make any changes that we determine are appropriate and justified.
Who to Contact About Your Personal Information
If you have any questions about this privacy notice or our use of your personal information, you can send an email to email@example.com or write to:
Attn: Legal Department – Privacy
6400 S Fiddlers Green Circle, Suite 100
Greenwood Village, CO 80111