OakTend Homeowner Data Use Addendum

Summary (not a substitute for the text below): When a homeowner posts a job and you apply to it, that homeowner chooses to share their contact details with you so you can quote and do that specific job. It is not something OakTend is selling you, and you may not treat it like a marketing list. Use it for the job, keep it secure, delete it if you did not win the job, and honor a deletion request. This addendum is part of the Pro Terms. By accepting the Pro Terms, you accept this addendum too.

1. Definitions

Homeowner Data means any personal information about a homeowner that you receive through OakTend, including their name, contact information, property address, job description, photos, messages, and anything else in a lead or in a message thread.

Lead means a specific job a homeowner posted on OakTend, together with the Homeowner Data that comes with it. The homeowner's contact information becomes part of the Lead only once the homeowner has chosen you for the job.

Permitted Purpose means responding to, quoting, and performing the specific job the Lead was for, and the ordinary follow-up that job requires, such as scheduling, invoicing, and warranty service on that same job.

2. This is the homeowner's direction, not a sale to you

A homeowner controls when their contact information reaches a pro. They post a job, pros apply, and the homeowner chooses one. Choosing you is what releases their contact details to you. That is a disclosure the homeowner directed, to a recipient (you) bound by contract to the limits in this addendum. It is why OakTend's Privacy Policy correctly says this is not a "sale" or "share" of the homeowner's information under the California Consumer Privacy Act: under Civil Code 1798.140(ad)(2)(A), a disclosure a consumer directs a business to make to a third party is not a sale. OakTend is not paying you for the homeowner's data, and you are not paying OakTend for it either. There is no fee to apply, quote, or message about a job. The only charge is the success fee described in the Pro Terms, and it is charged only if the homeowner hires you, for the completed introduction, never for the data. When you handle Homeowner Data on OakTend's behalf, for example in messages routed through the platform, you act more like a service provider or contractor under Civil Code 1798.140(ag) with respect to that data, bound by the restrictions below.

3. Permitted purpose only

You may use Homeowner Data only for the Permitted Purpose. That is the whole rule. If you are not sure whether a use is inside or outside the Permitted Purpose, ask yourself whether the homeowner would recognize it as something related to the job they posted. If not, do not do it without asking the homeowner first and getting their clear agreement.

4. Prohibited uses

Regardless of Section 3, you may never do any of the following with Homeowner Data, even data you have kept in your own CRM notes:

• Sell it, rent it, or otherwise transfer it to anyone outside your own business for money or anything of value.
• Share it with another business, another pro, or any third party who was not involved in performing the job.
• Combine it with other data you hold to build a marketing profile, or add it to a mailing list, newsletter list, or CRM system outside of OakTend's own in-app CRM, for any purpose other than the job.
• Use it to retarget the homeowner with ads on any platform, or hand it to an ad network or data broker for that purpose.
• Use it for skip tracing, or to locate or contact the homeowner for any purpose unrelated to the job.
• Use photos of the homeowner's property for your own marketing, portfolio, or advertising without the homeowner's separate written consent, even if you post those same photos on OakTend as allowed under the Pro Terms.
• Contact the homeowner to solicit a different job, a referral, or a review of unrelated work, unless the homeowner clearly agrees to that first.

5. Retention

If you did not win a job you applied to, delete or de-identify the Homeowner Data tied to that job within ninety (90) days of finding out you did not win it. "De-identify" means removing the parts that could identify the homeowner, such as their name, contact details, and exact address, if you have some independent business reason to keep the rest.

If you did perform a job, keep only what your own recordkeeping actually requires, such as a signed contract, an invoice, warranty records, or anything tax law requires you to retain. Do not keep Homeowner Data past what those requirements call for just because it is convenient to have around.

6. Deletion on request

If a homeowner deletes their OakTend account, or otherwise asks us to have their data deleted, and we relay that request to you, you must delete your own copy, including anything in your CRM notes, within ten (10) business days of our relaying it to you. The only exception is a record you are separately required by law to keep, such as a signed home improvement contract or a tax record, and even then you should delete anything not covered by that requirement. Once you have completed the deletion, confirm it to privacy@oaktend.com so we can close out the homeowner's request on our end.

7. Security

You must protect Homeowner Data with reasonable safeguards appropriate to what it is: things like not leaving it on a shared or public computer, not emailing it to a personal account outside your business, and not sharing your OakTend login with anyone else. If you learn of a breach, loss, or unauthorized access involving Homeowner Data, whether it happened on your systems or someone else's, report it to security@oaktend.com within 72 hours of finding out.

8. Subcontractors and employees

If you use a subcontractor, employee, or office staff to help respond to or perform a job, you may share the Homeowner Data they need to do that with them, but you are responsible for making sure they follow the same rules in this addendum. A violation by someone you shared it with counts as your violation for purposes of this addendum and the Pro Terms.

9. Audit, certification, and no-sale acknowledgment

We may ask you, no more than once a year absent a specific concern, to confirm in writing that you have complied with this addendum, including your deletion practices. We may suspend or terminate your account under the Pro Terms if we find you have violated this addendum.

Both OakTend and you agree that a Lead disclosure made under this addendum is not a "sale" or a "share" of personal information under the California Consumer Privacy Act, since it happens at the homeowner's direction, to a contractually restricted recipient, for the purpose the homeowner asked for. Neither of us may treat it as a sale or a share, and neither of us may use that label as grounds to use the data more broadly than this addendum allows.

10. The homeowner's rights still apply

Nothing here limits a homeowner's rights under OakTend's Privacy Policy or under California law, including their right to know what has been done with their information and their right to have it deleted. Where this addendum and a homeowner's exercise of those rights point in different directions, the homeowner's rights control, and you must cooperate with OakTend in honoring them.

11. Survival and governing law

This addendum survives the end of your relationship with OakTend, however that happens, with respect to any Homeowner Data you received before it ended: your deletion, retention, and security obligations continue to apply to that data even after your account is closed. This addendum is governed by California law, consistent with the governing law and venue provisions in the general Terms of Service.

Acceptance

You accept this addendum when you accept the Pro Terms during pro onboarding. The Pro Terms incorporate this addendum by reference, and the onboarding acknowledgment includes your promise to use homeowner information only for the job it was given to you for. We record that acceptance the same way we record your acceptance of the Pro Terms: with a timestamp, your IP address, and your user agent.