LEGAL

Privacy Policy

This Privacy Policy ("Policy") explains how Lotly Software LLC, a Nevada limited liability company, which operates the MHPSales.ai website and service ("Company," "MHPSales," "we," "us," or "our"), collects, uses, discloses, and protects personal information in connection with the MHPSales.ai artificial-intelligence voice, text, and email agent, dashboard, and related features (collectively, the "Service"), and the MHPSales.ai website (the "Site").

The Service is operated by Lotly Software LLC and is powered by Lotly's platform. Tenant and park applications initiated through the Service are processed and screened by Lotly's screening service under Lotly's own applicant terms and FCRA disclosures; MHPSales is not a consumer reporting agency and makes no tenancy or credit decisions.

Please read this Policy together with our Terms of Service, which contain important terms, including a binding individual-arbitration requirement and a class-action waiver that apply to those who affirmatively agree to the Terms of Service (for example, by creating an account, subscribing, or clicking to accept). A person who is merely contacted by the Service and who has not separately agreed to the Terms of Service is not bound by those requirements (see Section 17 below).


1. Who We Are, the Scope of This Policy, and the Three Types of People We Cover

MHPSales.ai is a business-to-business software service used by mobile-home-park owners and operators and by manufactured-home dealers (each, a "Customer") to respond to and follow up with their sales and rental prospects. At the Customer's initiation, authorization, and direction, the Service places calls using an artificial or AI-generated voice, sends text messages and emails, records and transcribes calls, carries out the Customer-configured, Customer-authorized multi-day follow-up cadence, books showings, and forwards park or rental applications for screening by Lotly.

Customer-Initiated Service. The Service is a technology tool that operates only at the Customer's initiation, authorization, and direction. Company does not select whom to contact and does not originate, place, or send any call, text message, or email to any person except as initiated, authorized, and directed by the Customer. The Customer chooses the recipients, provides and is solely responsible for all legally required consent, and initiates or approves the outreach; the Service then carries out that Customer-initiated, Customer-authorized outreach on the Customer's behalf and at the Customer's direction. Company does not independently decide to contact any individual and does not place calls of its own volition.

This Policy applies to three different groups of people, and our role and your rights differ depending on which group you fall into:

Capitalized terms not defined here have the meanings given in our Terms of Service.


2. Information We Collect

From Site Visitors

From Customers

About Leads (processed on the Customer's behalf)

We perform automated speech-to-text transcription only. We do not create voiceprints and do not use voice-biometric identification to identify callers, and we do not sell, lease, or trade call recordings or transcripts.


3. Where the Information Comes From (Sources)

We collect information about Leads from the following sources:

For Site Visitors and Customers, we collect information directly from you and automatically from your device when you use the Site or the Service.


4. How We Use Information

We use the information described above for the following purposes:

The Service uses artificial-intelligence voice, text, transcription, and summarization. AI-generated outputs may contain errors or inaccuracies; we do not rely on them to make housing, tenancy, credit, or eligibility decisions, and neither should any Customer without independent human review.


5. The AI Voice, Text, and Email Communications

Because this is central to how the Service works, we want to be plain about it:

Why you were contacted. When the Service contacts you, it does so on behalf of, and at the initiation and direction of, the business (the Customer) that you contacted or whose home or community you inquired about. That business — not MHPSales — chose to contact you and is responsible for having any consent required to do so. MHPSales provides the technology the business uses; it does not decide on its own to call, text, or email anyone.


6. How We Disclose Information

We do not sell your personal information. We disclose information only as described below.

Sub-processors and service providers. To provide the Service, we use vetted vendors that process information on our behalf under contracts that require them to protect it and to use it only to provide services to us. These include:

Tenant/applicant screening through Lotly. When you submit a rental or park application, the information used to screen you (including credit, income-verification, and background information) is collected, used, and disclosed as permitted by the federal Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.). This screening is performed by Lotly (the FCRA reseller) and its consumer reporting agency partners — TransUnion LLC (credit); One Source Technology, LLC d/b/a Asurint (criminal and eviction/housing records — currently held offline and not offered); and Pinwheel CRA Co. (income/employment verification, identity verification, and document authentication) — who act as the appropriate parties under the FCRA. MHPSales is not a consumer reporting agency, does not furnish consumer reports, and does not make tenancy, credit, or eligibility decisions. The Customer (the property owner or manager) is the end user of any consumer report and is solely responsible for any adverse-action notices under 15 U.S.C. § 1681m. See Section 8 for how the FCRA affects your privacy rights in this information.

Legal, safety, and compliance. We may disclose information to comply with applicable law, subpoenas, or other legal process; to enforce our agreements; and to protect the rights, property, or safety of Company, our Customers, Consumers, or others.

Business transfers. If we are involved in a merger, acquisition, financing, reorganization, or sale of assets, information may be transferred as part of that transaction, subject to this Policy or a successor policy with comparable protections.

We maintain a current list of sub-processors and will provide it on request at Contact@lotly.ai. We are not a "data broker" as defined under California Civil Code § 1798.99.80 or comparable Texas, Oregon, or Vermont law: we process Lead and applicant information only as a service provider, contractor, or processor on the applicable Customer's behalf, and we do not sell that information or monetize Lead or applicant data outside our provision of the Service to the applicable Customer.


7. "Sale" and "Sharing," Targeted Advertising, and Opt-Out Preference Signals

We do not sell your personal information, and we do not share it for cross-context behavioral advertising, as those terms are defined in California Civil Code § 1798.140(ad) and (ah). We do not use Lead or applicant information to build advertising profiles or for targeted advertising, and we do not disclose it for those purposes. Lead and applicant information is processed only to provide the Service to the Customer that submitted it.

Our website may use cookies and analytics tools to operate and improve the Site. We have configured the Site so that it does not sell or share personal information for cross-context behavioral advertising. Our websites are designed to recognize the Global Privacy Control (GPC) and other opt-out preference signals that meet applicable regulatory specifications. When we detect such a signal from your browser or device, we treat it as a request to opt out of any sale or sharing of personal information associated with that browser or device. Because we do not sell or share personal information for cross-context behavioral advertising, no sale or sharing occurs regardless of whether such a signal is present.


8. Your Privacy Rights

Depending on where you live and the type of data at issue, you may have some or all of the following rights under the California Consumer Privacy Act, as amended (California Civil Code § 1798.100 et seq.), and comparable state privacy laws:

How to exercise your rights. Site Visitors and Customers may submit requests to Contact@lotly.ai. We will verify your identity before responding, generally by confirming information we already hold about you, and we will respond within the time your state's law allows (for California, within 45 days, extendable once where permitted). An authorized agent may submit a request on your behalf with your written permission and, where required, verification of your identity. We will not discriminate against you for exercising your rights.

Requests about Lead or applicant data. For personal information we process about Leads on a Customer's behalf, the Customer is the controller. If you ask us to exercise a right in that data, we will not act on the merits ourselves; we will promptly forward your request to the applicable Customer and assist that Customer in responding. Please direct such requests to the Customer whose homes you inquired about, or contact us at Contact@lotly.ai and we will help route your request. Upon a Customer's instruction, we will delete, correct, or limit the relevant information and instruct our sub-processors to do the same, except where retention is required by law.

Screening information is governed by the FCRA. Because the credit, income, and background information used to screen an application is regulated by the Fair Credit Reporting Act, it is exempt from the access, deletion, correction, and opt-out rights described above (California Civil Code § 1798.145(d) and comparable state provisions). Your rights regarding that information are governed by the FCRA; see the FCRA Summary of Your Rights provided with your screening disclosures, and direct those matters to Lotly and its consumer reporting agencies.


9. Sensitive Information

Because the Service records and transcribes calls and forwards rental and park applications, the information processed may include "sensitive personal information" — for example, Social Security numbers, financial-account information, and the contents of communications. We use such information solely to provide the Service requested by the Customer and its Consumer, and for no other purpose. We do not use or disclose sensitive personal information to infer characteristics about you or for advertising. The Customer is solely responsible for providing all legally required notices to, and obtaining all legally required consents (including sensitive-data and call-recording consents) from, the Consumers whose information the Customer directs us to process.

As noted above, we perform speech-to-text transcription only and do not create voiceprints or use voice biometrics to identify individuals. If we ever introduce voice-biometric features, we will first provide notice and obtain any consent required by law.


10. How Long We Keep Information (Retention)

We retain personal information — including call recordings and transcripts — only for as long as reasonably necessary and proportionate to the purposes described in this Policy, in accordance with our written data-retention schedule, and no longer than twenty-four (24) months for recordings and transcripts, after which it is deleted, except where a longer period is required by law or a legal hold, where the information is subject to the Fair Credit Reporting Act or other records-retention obligations, where a longer period is directed by the Customer as controller, or where a longer period is reasonably necessary to establish, exercise, or defend legal claims (including proof of consent and of the recording disclosure). This retention approach is intended to align with the retention terms of our Data Processing Addendum, and the two are to be read consistently. Account and billing records are retained for the life of the Customer relationship plus any period required for tax, accounting, and legal purposes. When a Customer's use of the Service ends, we delete or return the personal information we processed on that Customer's behalf within the period specified in our agreement with the Customer, subject to routine backup expiry and legal-retention exceptions.


11. How We Protect Information (Security)

We maintain reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, or disclosure, including encryption of Social Security numbers and financial-account information in transit and at rest, access controls, and vendor oversight consistent with recognized information-security standards, including the standards of the FTC Safeguards Rule (16 C.F.R. Part 314) where applicable. No system is perfectly secure, however, and we do not and cannot guarantee absolute security. We are not a bank, lender, "financial institution" under the Gramm-Leach-Bliley Act, or a "consumer reporting agency" under the Fair Credit Reporting Act.


12. Children's Privacy

The Site and the Service are directed to businesses and are not intended for use by children or minors. We do not knowingly collect personal information from anyone under 16 years of age. If you believe a minor has provided us personal information, please contact us at Contact@lotly.ai, and we will take appropriate steps to delete it.


13. State-Specific Disclosures

California

Notice at collection. This Policy identifies the categories of personal information and sensitive personal information we collect, the sources, the business and commercial purposes for which we use it, the categories of service providers and third parties to which we disclose it, and the retention period (or the criteria used to determine it) for each category, as required by California Civil Code § 1798.100(a) and 11 California Code of Regulations §§ 7011–7012. We review and update this Policy at least once every twelve (12) months; the "Last Updated" date appears at the top.

Categories collected in the prior 12 months may include: identifiers (name, email, phone, IP address); customer records (billing and account information); commercial information; internet or network activity (usage and analytics); audio information (call recordings and transcripts); professional or employment-related information (in applications); and sensitive personal information (Social Security number, financial-account information, and the contents of communications). We disclose these categories to the service providers and screening partners described in Section 6 for the purposes described in Section 4. We do not sell or share personal information.

"Shine the Light." Under California's "Shine the Light" law, California residents may request information about our disclosure of personal information to third parties for their own direct-marketing purposes. We do not disclose personal information to third parties for their own direct-marketing purposes. You may direct questions to Contact@lotly.ai.

Virginia, Colorado, Connecticut, and Other States

If you are a resident of a state with a comprehensive privacy law (such as Virginia, Colorado, Connecticut, and others), you may have the rights described in Section 8 — to confirm and access, correct, delete, and obtain a portable copy of your personal information, and to opt out of targeted advertising, the sale of personal information, and certain profiling. We honor recognized universal opt-out signals, including Global Privacy Control. We do not process sensitive personal information for our Customers except as needed to provide the Service and, where your state requires opt-in consent, only as directed by the Customer that obtained your consent. To exercise a right, or to appeal a denied request, contact us at Contact@lotly.ai; we will respond within the time your state's law allows. As explained in Section 8, requests about Lead or applicant data are directed to the Customer as controller, and screening data is governed by the FCRA.


14. Our Role: Processor for Lead Data, Controller for Our Own Data

Your rights and our obligations turn on our role:


15. Changes to This Policy

We may update this Policy from time to time. When we do, we will revise the "Last Updated" date above and, for material changes, provide additional notice as required by law (for example, by posting a prominent notice on the Site or, where appropriate, by email to Customers). Your continued use of the Site or the Service after an update takes effect means you have reviewed the changes. We review and update this Policy at least once every twelve (12) months.


16. Contact Us

If you have questions about this Policy or our privacy practices, or wish to exercise a right, contact us at:

Lotly Software LLC Attn: Privacy — MHPSales.ai 5754 Lonetree Blvd, Rocklin, CA 95765 Email: Contact@lotly.ai


17. Dispute Resolution — Arbitration, Class-Action Waiver, and Related Legal Terms

Your use of the Site and the Service, and your relationship with us, are also governed by our Terms of Service, which require that certain disputes be resolved by binding individual arbitration and which waive class actions and jury trials. Those requirements apply only to people and entities that affirmatively agree to the Terms of Service — for example, by creating an account, subscribing to the Service, or clicking to accept. A person who is merely contacted by the Service (a "Lead") and who has not separately and affirmatively agreed to the Terms of Service is not bound by the arbitration requirement or the class-action waiver. The core terms are reproduced below and are incorporated into this Policy by reference; the full terms, including your right to opt out of arbitration within 30 days, appear in the Terms of Service.

Governing Law & Venue

Governing Law. This Policy and any dispute arising out of or relating to it or the Service are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and, as applicable, by the Federal Arbitration Act and other applicable federal law. The U.N. Convention on Contracts for the International Sale of Goods does not apply. Venue. Subject to the Arbitration section below, any claim that proceeds in court shall be brought exclusively in the state or federal courts located in Placer County, California, and each party consents to personal jurisdiction and venue there.

Binding Arbitration & Class-Action Waiver

PLEASE READ — THIS AFFECTS YOUR LEGAL RIGHTS. This section requires binding individual arbitration and waives class actions and jury trials — but only for people and entities that agree to it. If you were merely contacted by the Service and have not separately agreed to these terms, this section does not apply to you. (a) Who is bound. This Arbitration section applies only between Company and any person or entity that has affirmatively agreed to these terms by creating an account, subscribing to the Service, signing or clicking to accept an Order Form or these terms, or otherwise manifesting assent (each, a "Consenting Party"). It does not apply to, and Company does not assert arbitration or any class-action waiver against, any individual whom the Service merely calls, texts, or emails (a "Lead") who has not separately and affirmatively agreed to it. Company does not contend that receiving a communication from the Service, by itself, forms any agreement to arbitrate. (b) Scope / Delegation. For a Consenting Party, any dispute, claim, or controversy arising out of or relating to the Service, these terms, or the relationship between the Consenting Party and Company (including its breach, termination, or enforceability) will be resolved by final and binding individual arbitration, except as stated in (d), (e), and (f). Questions about the interpretation, scope, or enforceability of this Arbitration section are for the arbitrator; whether any agreement to arbitrate was formed is for a court. (c) Rules / Administrator / Fairness. Arbitration is administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (for individuals) or Commercial Arbitration Rules (for entities), as modified here, and is governed by the Federal Arbitration Act. To ensure the process is fair and not a barrier to relief: (i) Company pays all AAA administrative and arbitrator fees for any individual (Consumer) claimant; (ii) each party is entitled to reasonable, bilateral discovery; (iii) the arbitrator is selected through AAA's neutral process; (iv) either party may elect the AAA optional appellate rules; (v) the arbitrator may award any individual remedy a court could, including any statutory fee-shifting or damages available to a prevailing party; and (vi) for a Consumer, hearings may be held remotely or in the Consumer's home county at the Consumer's election. (d) Public-injunction carve-out (McGill). Nothing in this section waives any party's right to seek public injunctive relief in a court of competent jurisdiction. A claim for public injunctive relief is not subject to arbitration or the class-action waiver, may be brought in court, and its assertion does not invalidate the remainder of this section. (e) Small-claims / IP carve-out. Either party may bring a qualifying individual claim in small-claims court, and either party may seek injunctive or equitable relief in court to protect intellectual property or Confidential Information. (f) Class / Collective / Representative Waiver. To the fullest extent permitted by law, a Consenting Party and Company agree to bring claims only in an individual capacity and not as a plaintiff or member of any class, collective, consolidated, or private-attorney-general proceeding, and the arbitrator may award relief only in favor of, and to the extent necessary to resolve, the individual party's claim. This waiver does not apply to any claim or remedy that applicable law does not permit to be waived. (g) Statutory-rights preservation. Nothing in this section shortens any limitations period, caps or excludes any damages, or waives any remedy that applicable law does not permit to be shortened, capped, or waived, including non-waivable rights and remedies under the Telephone Consumer Protection Act, state call-recording or privacy laws, or the Fair Credit Reporting Act. Where any provision of these terms would do so as to such a claim by a Consumer, it does not apply to that claim. (h) Mass arbitration. If 25 or more similar demands are filed by or with the assistance of the same or coordinated counsel, the demands will be administered under the AAA Mass Arbitration Supplementary Rules then in effect (or, if administered by JAMS, the JAMS Mass Arbitration Procedures then in effect), which preserve each claimant's right to an individual determination by a neutral arbitrator, to reasonable discovery, to input in arbitrator selection, and to appeal, and no determination in any claim binds any claimant who did not participate in it. (i) Blow-up / Severability. If the Class-Action Waiver in (f) is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and may proceed in the courts of Placer County, California, while all other claims proceed in arbitration; the remainder of this section stays in effect. If any other part of this section is unenforceable, it is severed and the rest stays in force. (j) 30-Day Opt-Out. A Consenting Party may opt out of this Arbitration section by emailing Contact@lotly.ai within 30 days of first agreeing to these terms, stating the name and email associated with the account and a clear statement of opt-out. No account number is required. Opting out does not affect any other part of the agreement. (k) Jury-Trial Waiver. To the extent any claim by a Consenting Party proceeds in court, each Consenting Party and Company waive any right to a jury trial. (l) Limitations. A Consenting Party's claim must be filed within one (1) year after it arises, to the extent permitted by law (and this does not shorten any period that cannot be shortened by agreement or any non-waivable statutory period). This one-year limit does not apply to Company's claims for unpaid Fees, indemnification, or breach of confidentiality or the intellectual-property or use restrictions; and a claim for indemnification accrues no earlier than the date the underlying third-party claim is asserted against the indemnified party.

Disclaimer of Warranties

AS-IS. The Service is provided "AS IS" and "AS AVAILABLE," with all faults, and Company disclaims all warranties, express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. AI output. The Service uses artificial-intelligence voice, text, transcription, and summarization. Company does not warrant that AI-generated calls, messages, transcripts, summaries, or outputs are accurate, complete, current, appropriate, or free of error, and such outputs may contain mistakes or "hallucinations." The Service is a productivity tool, not professional, legal, compliance, fair-housing, lending, or credit advice, and is not a substitute for the Customer's own judgment and human review. Customer is responsible for reviewing outputs before relying on them and for all decisions it makes (including any decision to sell, lease, approve, or deny). Company does not warrant any particular result, response time, lead conversion, or sales outcome.

Limitation of Liability

No indirect damages. To the maximum extent permitted by law, neither party is liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, however caused and under any theory, even if advised of the possibility. Cap. To the maximum extent permitted by law, Company's total cumulative liability arising out of or relating to the Service or these terms will not exceed the greatest of (i) the total fees Customer paid to Company for the Service in the twelve (12) months before the event giving rise to the liability, (ii) the total fees Customer paid to Company for the affected home under the applicable Order Form, or (iii) five hundred U.S. dollars ($500). Carve-outs. The cap and the exclusion of indirect damages above do not limit: (a) Customer's payment obligations; (b) Customer's indemnification obligations; (c) Customer's breach of the Acceptable Use Policy or of its consent, do-not-call, call-recording, consumer-protection, or fair-housing representations; (d) either party's breach of its confidentiality obligations; (e) either party's infringement or misappropriation of the other's intellectual property; or (f) any liability that cannot be limited under applicable law (including, under California law, liability for a party's own fraud or willful injury under Cal. Civ. Code § 1668). Company's own indemnification obligations remain subject to the cap and to the exclusion of indirect damages, except that Company's indemnity for third-party intellectual-property claims is capped at two times (2×) the amounts described in the cap rather than the base cap. Nothing limits a Consumer's non-waivable statutory rights. Consumer note (consumer-facing docs): Some jurisdictions do not allow certain limitations; in those, the above applies to the fullest extent permitted, and nothing limits non-waivable statutory rights.

18. Severability

If any provision of this Policy is held invalid, unlawful, or unenforceable, that provision will be enforced to the maximum extent permissible and severed from the remainder, and the rest of this Policy will remain in full force and effect. The blow-up and severability terms in the Arbitration section above govern that section.


This Policy is a website privacy notice and does not itself grant any license to the Service. Where this Policy and a signed Order Form, Master Services Agreement, or Data Processing Addendum address the same subject, those agreements govern the parties' respective obligations for personal information processed under them, in the order of precedence stated in those documents.