Effective Date: January 30, 2026
Last Updated: January 30, 2026
1. Introduction
Upstream Platform, LLC ("we," "us," "our," or "Company"), a Delaware limited liability company, operates The Xchange platform (the "Platform"). This Privacy Policy explains how we collect, use, disclose, and protect your information when you use our Platform.
By accessing or using the Platform, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Platform.
2. Information We Collect
2.1 Account Information
When you create an account on the Platform, we collect information you provide directly, including:
- Name, email address, phone number, and professional contact information
- Real estate broker license information, including license number and jurisdiction
- Brokerage affiliation and business information
- Professional credentials and certifications relevant to your use of the Platform
2.2 Client Criteria Information
To facilitate property matching, we collect information about your clients' property requirements that you choose to submit, including:
- Property type preferences (e.g., multifamily, retail, industrial)
- Geographic preferences and target markets
- Financial parameters (e.g., price range, cap rate requirements)
- Timeline constraints, including 1031 exchange deadlines
- Other criteria relevant to identifying suitable properties
Important: We do not require or collect your clients' personal contact information. Client criteria is associated with you, the broker, not with your individual clients.
2.3 Property Information
If you submit property information to the Platform, we collect details you provide, including:
- Property address, type, and physical characteristics
- Financial information (asking price, NOI, cap rate, etc.)
- Property documents and marketing materials you choose to upload
- Transaction status and availability
2.4 Usage Data
We automatically collect certain information when you access and use the Platform, including:
- IP address, browser type, and device information
- Pages visited, features used, and actions taken
- Date and time of access
- Referring URLs and search terms used to find the Platform
- Performance data and error logs
2.5 Communications
We collect information from communications you have with us, including:
- Customer support inquiries and correspondence
- Feedback and survey responses
- Messages and notifications sent through the Platform (between brokers)
3. How We Use Your Information
We use the information we collect for the following purposes:
3.1 Platform Operations
- To create and manage your account
- To facilitate matching between buyer-side criteria and available properties
- To enable communications between brokers on the Platform
- To process transactions and track deal activity you choose to log
3.2 Communications
- To send you notifications about matches, messages, and Platform activity
- To send service-related announcements, updates, and alerts
- To respond to your inquiries and provide customer support
- To send promotional communications (with your consent, where required)
3.3 Platform Improvement
- To analyze usage patterns and improve Platform features
- To develop new products, services, and functionality
- To conduct research and analytics to better serve our users
- To detect and prevent fraud, abuse, and security threats
3.4 Legal and Compliance
- To comply with applicable laws and regulations
- To enforce our Terms of Service and other agreements
- To protect our rights, property, and safety and that of our users
4. How We Share Your Information
4.1 With Other Users
As part of the Platform's core matching functionality, certain information is shared with other users:
- Buyer-side brokers may see property information and selling broker contact information for matched properties
- Seller-side brokers may see aggregated or anonymized demand signals; specific client criteria is not shared without your consent
- Both parties may see each other's professional contact information when a match progresses to direct communication
4.2 With Service Providers
We share information with third-party service providers who assist us in operating the Platform, including:
- Cloud hosting and infrastructure providers
- Email and communication service providers
- Analytics and monitoring services
- Customer support tools
- Payment processing services (if applicable)
These service providers are contractually obligated to protect your information and use it only for the purposes we specify.
4.3 For Legal Reasons
We may disclose your information if required to do so by law or:
- To comply with legal process or government requests
- To protect and defend our rights or property
- To prevent fraud or other illegal activities in connection with the Platform
- To protect the safety of users or the public in emergency situations
4.4 Business Transfers
In the event of a merger, acquisition, bankruptcy, or other sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will notify you of any such transfer and any choices you may have regarding your information.
4.5 What We Do NOT Do
We do not sell your personal information to third parties. We do not rent, trade, or otherwise provide your personal information to third parties for their direct marketing purposes.
5. Your Rights and Choices
5.1 Access Your Information
You have the right to access the personal information we hold about you. You can view and update much of your information directly through your account settings. For additional requests, contact us using the information provided below.
5.2 Correct Your Information
If you believe any information we hold about you is inaccurate or incomplete, you have the right to request correction. You can update most account information directly through the Platform, or contact us for assistance.
5.3 Delete Your Information
You may request deletion of your personal information by contacting us. Please note that:
- We may retain certain information as required by law or for legitimate business purposes
- Deletion of your account will result in loss of access to the Platform
- Some information may persist in backup systems for a limited period
- Information shared with other users prior to deletion may remain visible to them
5.4 Communication Preferences
You can manage your communication preferences through your account settings. You may opt out of promotional emails by clicking the "unsubscribe" link in any promotional message. Note that you cannot opt out of service-related communications necessary for Platform operation.
5.5 Export Your Data
You may request a copy of your personal information in a commonly-used, machine-readable format. Contact us to make such a request.
6. Data Security
We implement appropriate technical and organizational measures to protect your information against unauthorized access, alteration, disclosure, or destruction. These measures include:
- Encryption of data in transit and at rest
- Access controls and authentication requirements
- Regular security assessments and monitoring
- Employee training on data protection practices
However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.
7. Data Retention
We retain your information for as long as your account is active or as needed to provide services to you. We may also retain information as necessary to:
- Comply with legal obligations
- Resolve disputes and enforce agreements
- Support business operations that cannot reasonably be undone
When information is no longer needed for these purposes, we securely delete or anonymize it.
8. Cookies and Tracking Technologies
8.1 What Are Cookies
Cookies are small text files stored on your device when you visit a website. We use cookies and similar tracking technologies to operate and improve the Platform.
8.2 How We Use Cookies
We use the following types of cookies:
- Essential Cookies: Required for the Platform to function properly, including authentication and security features. These cannot be disabled.
- Functional Cookies: Remember your preferences and settings to provide a better experience.
- Analytics Cookies: Help us understand how users interact with the Platform so we can improve it. This data is aggregated and anonymous.
8.3 Your Cookie Choices
Most web browsers allow you to control cookies through their settings. You can typically:
- View what cookies are stored on your device
- Delete some or all cookies
- Block cookies from being set
- Set preferences for certain websites
Please note that disabling essential cookies may prevent you from using certain features of the Platform.
8.4 Do Not Track
Some browsers offer a "Do Not Track" feature. We currently do not respond to Do Not Track signals, as there is no industry standard for compliance.
9. Third-Party Links
The Platform may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties. We encourage you to review the privacy policies of any third-party sites you visit.
10. Children's Privacy
The Platform is not intended for individuals under the age of 18. We do not knowingly collect personal information from children. If you believe we have inadvertently collected information from a child, please contact us immediately.
11. International Data Transfers
Your information may be transferred to and processed in countries other than your country of residence. These countries may have data protection laws different from your country. By using the Platform, you consent to such transfers.
12. California Privacy Rights
If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA), including:
- The right to know what personal information we collect
- The right to request deletion of your personal information
- The right to opt out of the sale of personal information (note: we do not sell personal information)
- The right to non-discrimination for exercising your privacy rights
To exercise these rights, please contact us using the information below.
13. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of material changes by posting the updated Privacy Policy on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such changes constitutes your acceptance of the updated Privacy Policy.
14. Contact Us
If you have questions about this Privacy Policy, wish to exercise your rights, or have concerns about our data practices, please contact us at:
Upstream Platform, LLC
Email: privacy@thexchange1031.com
We will respond to your inquiry within a reasonable timeframe, typically within 30 days.