(effective as of 8/1/2020)

User Provided Information

As part of the services provided to Users by Above Modern, Above Modern collects information and data of its Users (potential buyers, Agents, and/or website visitors). Included in the information collected will be any information given to Above Modern by the User, including but not limited to the first and last name of the User, the name of the authorized representative of the User, the geographic location of the User (based off of IP address) or the User’s organization, and information regarding the preferences of the User, the email of the User.  If the User contacts Above Modern, either electronically or telephonically, Above Modern may store and use any information contained in the communication for future use or distribution. If the User’s information is collected through an email campaign from Above Modern, whereby the recipient “clicks” on a hyperlink contained in the email, then User consents to the collection and distribution of User’s information by Above Modern.

Automatically Collected Data

Above Modern automatically collects information and data from Users. This automatically collected information may include the User’s login data username and password, frequency of User login, device type, device information and location, search engine history, Internet Protocol address (“IP address”), computer connection data, browser information, browser plug-ins, previous Listings or website view information, cookie history and numbers, page interaction and click data and any additional data indicated by the User.

Messaging Platform and Notes

Agents may send Above Modern messages through a messaging platform on the Above Modern website. In such a case, Above Modern will store the message and may use the content to enhance the overall user experience and Above Modern product. Above Modern may also collect information and data of its Users from third party sources, publicly available information, advertisers, and internet service providers.

Above Modern provides Agents with the ability to make notes through the Agent Dashboard. Any notes made by an Agent will not be released to any User; however, Above Modern may store this information and may transfer this information to third parties at any time only after any personally identifiable information of the Agent has been removed from the notes.

Use of Collected Information and Data

Some data and information collected by Above Modern will be accessible to other Agents as part of the Above Modern Services to help facilitate marketing of the Property Listings. Specifically, Above Modern collects the first name, last name, and contact information form potential buyers who input this information with respect to a Property Listing – all such information will be shared by Above Modern to the Agent. Above Modern may collect such information. Above Modern does not control how such information is used by Agents, and Above Modern cannot direct any Agent to delete any collected information once provided to the Agent. Above Modern may share or sell collected data with third parties who are not Agents, however no personally identifiable information of any potential buyer will be shared with any person except the Agent who controls the Agent Website.

An Agent may change any information previously supplied to Above Modern by accessing the Agent Dashboard. If Above Modern changes this Data Collection and Privacy Policy, the Company will notify the User through the Above Modern Website, through email, or through the Agent Dashboard.

Above Modern may use the User information and data to (1) carry out our obligations arising from any agreements entered into between the User and Above Modern and to provide you with the information, products and services that User may request from Above Modern; (2) to provide User with information about other goods and services Above Modern offers that are similar to those that User has already purchased or inquired about; (3) to provide User, or permit selected third parties to provide User, with information about goods or services Above Modern feels may interest the User.

Changing User-provided Information

Agent may adjust their information through the Agent Dashboard. Above Modern may also allow Users to disable Above Modern’s collection of some automatically collected User data. If Above Modern does allow this option, User will be able to disable the automatic collection on the User settings page. The User may contact Above Modern at info@abovemodern.com regarding any issues User may have regarding the collection and handling User information or Data.

Requesting User Information

Any User has the right to request any personal information collected by Above Modern regarding the User upon request by the User. To request the information, the User must contact Above Modern at:

If by email: info@abovemodern.com

Upon receipt of a verifiable request, Above Modern will provide User with all User information in the possession of Above Modern in electronic format. The User is limited to two requests every 12-month period.

User shall have the right to request that Above Modern disclose to the User the following:

(1) The categories of User information it has collected or (if applicable) sold about that User;

(2) The categories of sources from which the User information is collected or (if applicable) sold;

(3) The business or commercial purpose for collecting or selling User information;

(4) The categories of third parties with whom Above Modern shares User information; and

(5) The specific pieces of User information it has collected or (if applicable) sold about that User.


Deletion of User Information

User may request that Above Modern delete all of User’s information. Such a request may be made by contacting Above Modern at:

If by email: info@abovemodern.com

Upon receipt of a verifiable request, Above Modern will delete all of the User’s information in the possession of Above Modern in electronic format. Above Modern may not delete a User’s information upon request if:

  • The User’s information is required by Above Modern to provide a good or service requested by User;
  • If it is reasonably anticipated that the User’s information will be used by Above Modern for future provision of Above Modern services;
  • The User is an Agent subject to the Agent’s terms and Conditions;
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
  • Debug to identify and repair errors that impair existing intended functionality;
  • Exercise free speech, ensure the right of another User to exercise that User’s right of free speech, or exercise another right provided for by law;
  • Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code;
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when Above Modern’s deletion of the information is likely to render impossible or seriously impair the achievement of such research, if the User has provided informed consent;
  • To enable solely internal uses that are reasonably aligned with the expectations of the User based on the User’s relationship with Above Modern.
  • Comply with a legal obligation; or
  • Otherwise use the User’s Information, internally, in a lawful manner that is compatible with the context in which the User provided the Information.


User shall have the right, at any time, to direct Above Modern not to sell the User’s Information. This right may be referred to as the right to opt-out. To opt out, please contact Above Modern via email in the same manner as a request for deletion of User’s Information.

For Users who are Agents, by agreeing to Agents Terms and Conditions, express authorization is given to Above Modern to continue selling or distributing such Agent’s Information.

To opt out pursuant to this section, please e-mail info@abovemodern.com.

Notifications and Updates

If Above Modern changes this Privacy Policy, User will be notified through the Above Modern website. For a current version of the Privacy Policy, please look to the Above Modern Website or contact the Company at info@abovemodern.com.

This Data Collection and Privacy Policy is effective as of August 1, 2020.