1. Introduction
Total Agent ("Company," "we," "us," or "our") is an AI-powered real estate operating platform operated by Total Agent LLC This Privacy Policy describes how we collect, use, disclose, and safeguard your information when you use our platform, website (bytotalagent.com), mobile applications, and related services (collectively, the "Platform").
By accessing or using the Platform, you agree to the collection and use of information in accordance with this policy. If you do not agree with the terms of this Privacy Policy, please do not access or use the Platform.
2. Information We Collect
2.1 Information Provided by Real Estate Agents (Subscribers)
When you create an account or subscribe to our services, we collect:
- Full name, email address, phone number, and mailing address
- Real estate license number and licensing state
- Brokerage name and affiliation
- Brand assets including logos, headshots, color preferences, and taglines
- Payment and billing information (processed securely through Stripe)
- Cell phone number for call forwarding configuration
- MLS credentials and listing data you choose to import
- Financial goal data including income targets and commission structures
2.2 Information Collected About Contacts and Leads
Real estate agents using our Platform may input or import information about their clients, leads, and professional contacts, including:
- Names, email addresses, and phone numbers
- Property showing history and preferences
- Communication history (SMS messages, call logs, email correspondence)
- Showing feedback and property notes
- Transaction details and timeline milestones
2.3 Information Collected Automatically
- Device type, operating system, and browser information
- IP address and approximate geolocation
- Usage patterns, feature interactions, and session duration
- Log data including access times and pages viewed
- Cookies and similar tracking technologies
2.4 Information Collected Through Communications
- SMS Messages: Content, timestamps, delivery status, and recipient data for all text messages sent through the Platform
- Phone Calls: Call logs including duration, timestamps, caller ID data, and call recordings (where consent has been obtained)
- Emails: Metadata and content of emails sent through the Platform's integrated email functionality
- Showing Feedback: Responses collected from buyers' agents following property showings
3. Artificial Intelligence and Automated Processing
3.1 How We Use AI
Our Platform uses artificial intelligence and machine learning technologies, including third-party AI services (such as Anthropic's Claude API), for the following purposes:
- Showing Feedback Processing: AI analyzes and classifies raw feedback from buyers' agents, cleaning and structuring the data for delivery to sellers. This is an automated process and the AI's interpretation may not always accurately reflect the intent of the original feedback.
- Content Generation: AI generates SEO blog content, listing descriptions, social media copy, and marketing materials. All AI-generated content is produced algorithmically and may require human review and editing.
- SMS Sequence Automation: AI assists in generating and personalizing text message sequences triggered by real showing events.
- Call Transcription and Summarization: Phone call recordings may be processed by AI to generate transcripts and summaries. These transcriptions are automated and may contain errors.
- Lead Classification and Scoring: AI may analyze contact behavior and engagement patterns to suggest lead prioritization.
- Brand Voice Calibration: AI adapts messaging tone and style based on agent-defined brand parameters.
3.2 AI Limitations and Disclaimers
AI systems are not infallible. Outputs from our AI features may be inaccurate, incomplete, or contextually inappropriate. Specifically:
- AI-generated content may contain factual errors or hallucinated information
- Automated feedback classification may misinterpret sentiment or intent
- Call transcriptions may contain errors, particularly with names, addresses, numbers, and technical terminology
- AI-generated recommendations should not be treated as professional legal, financial, or real estate advice
- Automated systems may fail, experience delays, or produce unexpected results
Users are solely responsible for reviewing, verifying, and approving all AI-generated outputs before use in client-facing communications, marketing materials, or business decisions.
3.3 AI Data Processing
Data processed by our AI systems may be sent to third-party AI service providers (including Anthropic) for processing. We use API-based integrations where your data is processed according to the service provider's API data policies and is not used to train their general models. We select AI providers that offer enterprise-grade data handling and do not retain prompt data beyond the processing session.
4. How We Use Your Information
We use the information we collect to:
- Provide, operate, and maintain the Platform and its features
- Process transactions and manage subscriptions
- Send SMS messages, emails, and other communications on behalf of subscribing agents
- Forward inbound phone calls to agents' designated cell phone numbers
- Record phone calls for quality assurance and agent reference (with appropriate consent)
- Generate and deliver automated showing feedback reports
- Produce AI-generated content and marketing materials
- Track and display financial goal progress and commission data
- Publish automated SEO content on behalf of agents
- Provide analytics, dashboards, and performance insights
- Improve, personalize, and expand our Platform
- Communicate with you about your account, updates, and support
- Detect, prevent, and address technical issues, fraud, and security threats
- Comply with legal obligations
5. SMS and Telephone Communications
5.1 SMS Messaging
Our Platform sends SMS text messages on behalf of subscribing real estate agents. By receiving SMS messages from a Total Agent subscriber, you acknowledge:
- Messages are sent from dedicated local phone numbers assigned to individual agents
- Message frequency varies based on showing activity and agent communication preferences
- Message and data rates may apply depending on your mobile carrier and plan
- You may opt out of SMS communications at any time by replying STOP to any message
- You may request help by replying HELP to any message
- Opt-out requests are processed immediately and automatically
5.2 Phone Calls and Call Recording
Inbound calls to agent phone numbers provisioned through our Platform are forwarded to the agent's designated cell phone number. These calls may be recorded for quality assurance, training, and record-keeping purposes.
- All parties are notified of call recording via an automated disclosure at the beginning of the call, in compliance with applicable state and federal laws including two-party consent requirements
- Call recordings are stored securely and are accessible to the subscribing agent through the Platform
- Call recordings may be processed by AI for transcription and summarization purposes
- Agents are responsible for ensuring their use of call recordings complies with all applicable laws in their jurisdiction
5.3 Email Communications
Our Platform integrates with agents' existing email accounts (Gmail and Outlook) via OAuth authentication. We do not store email account passwords. Emails sent through the Platform are dispatched from the agent's actual email address, not from Total Agent servers.
5.4 Google API Services User Data Policy
Total Agent's use and transfer of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements. Specifically:
- We only request the minimum Gmail API scopes necessary:
gmail.readonly(to display your inbox within InboxIQ) andgmail.send(to send emails on your behalf). - We do not use Gmail data for advertising, market research, or any purpose unrelated to providing the Total Agent platform features you have authorized.
- We do not transfer Gmail data to third parties except as necessary to provide and improve the services you authorized, comply with applicable law, or as part of a merger, acquisition, or asset sale with prior notice to you.
- We do not use Gmail data to train machine learning or AI models.
- Humans may only read your Gmail data with your affirmative consent for support purposes, as required for security purposes, to comply with applicable law, or when the data is aggregated and anonymized for internal operations.
6. Data Sharing and Disclosure
We do not sell your personal information. We may share information in the following circumstances:
- Service Providers: We share data with third-party service providers who perform services on our behalf, including Stripe (payment processing), Twilio (SMS and voice communications), Anthropic (AI processing), Vercel (hosting), and Supabase (database infrastructure). These providers are contractually obligated to protect your data and use it only for the services they provide to us.
- Subscribing Agents: Contact and communication data entered by or generated on behalf of a subscribing agent is accessible to that agent through the Platform. Agents are independent data controllers with respect to their client data and are responsible for their own compliance with applicable privacy laws.
- Legal Requirements: We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., a court or government agency).
- Business Transfers: In the event of a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction. We will notify you of any such change in ownership or control of your personal information.
- Protection of Rights: We may disclose information to protect and defend our rights, property, or safety, or that of our users or others.
7. Data Security
We implement industry-standard security measures to protect your information, including:
- Encryption of data in transit (TLS/SSL) and at rest
- Row-level security at the database level ensuring tenant data isolation
- OAuth-based authentication for third-party integrations (no password storage)
- Regular security assessments and monitoring
- Access controls limiting data access to authorized personnel only
However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
8. Data Retention
We retain your information for as long as your account is active or as needed to provide services. Specific retention periods include:
- Account Data: Retained for the duration of your subscription and for 90 days following account termination
- Communication Logs (SMS, Email): Retained for up to 24 months from the date of communication
- Call Recordings: Retained for up to 12 months unless a longer retention period is required by applicable law or requested by the subscribing agent
- AI-Generated Content: Retained for the duration of the subscribing agent's account
- Billing Records: Retained as required by applicable tax and financial regulations
Upon account termination, you may request deletion of your data by contacting us. We will process deletion requests within 30 days, except where retention is required by law.
9. Your Rights and Choices
Depending on your jurisdiction, you may have the following rights regarding your personal information:
- Access: Request a copy of the personal information we hold about you
- Correction: Request correction of inaccurate or incomplete information
- Deletion: Request deletion of your personal information, subject to legal retention requirements
- Opt-Out of SMS: Reply STOP to any SMS message at any time
- Opt-Out of Call Recording: You may request that calls not be recorded; however, this may limit certain Platform features
- Data Portability: Request a machine-readable copy of your data
- Withdraw Consent: Where processing is based on consent, you may withdraw consent at any time
To exercise any of these rights, please contact us at hello@bytotalagent.com.
10. California Privacy Rights (CCPA/CPRA)
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), including:
- The right to know what personal information is collected, used, shared, or sold
- The right to delete personal information held by us
- The right to opt out of the sale or sharing of personal information — we do not sell personal information
- The right to non-discrimination for exercising your privacy rights
- The right to correct inaccurate personal information
- The right to limit use and disclosure of sensitive personal information
11. Florida Privacy Considerations
Total Agent operates primarily in the State of Florida. Florida is a two-party consent state for call recording, meaning all parties to a call must be informed that the call is being recorded. Our Platform provides automated recording disclosures to comply with this requirement. Subscribing agents operating in other jurisdictions are responsible for understanding and complying with the recording consent laws applicable in their state.
12. Children's Privacy
Our Platform is not intended for individuals under the age of 18. We do not knowingly collect personal information from children under 18. If we become aware that we have collected information from a child under 18, we will take steps to delete such information promptly.
13. Third-Party Services
Our Platform integrates with and relies upon third-party services, each of which maintains its own privacy policy:
- Stripe — Payment processing (stripe.com/privacy)
- Twilio — SMS and voice communications (twilio.com/legal/privacy)
- Anthropic — AI processing (anthropic.com/privacy)
- Vercel — Application hosting (vercel.com/legal/privacy-policy)
- Supabase — Database and authentication (supabase.com/privacy)
- Google / Microsoft — Email integration via OAuth (Google Privacy / Microsoft Privacy)
We encourage you to review the privacy policies of these third-party services. We are not responsible for the privacy practices of third-party providers.
14. Cookies and Tracking Technologies
We use cookies and similar tracking technologies to collect usage data and improve the Platform. Types of cookies we use include:
- Essential Cookies: Required for Platform functionality and authentication
- Analytics Cookies: Help us understand how users interact with the Platform
- Preference Cookies: Remember your settings and preferences
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Platform may not function properly without cookies.
15. International Data Transfers
Our Platform is hosted in the United States. If you access the Platform from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. By using the Platform, you consent to the transfer of your information to the United States.
16. Changes to This Privacy Policy
We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. For material changes, we will provide notice through the Platform or via email. Your continued use of the Platform after any modifications indicates your acceptance of the updated Privacy Policy.
17. Contact Us
If you have any questions about this Privacy Policy, please contact us:
- Email: hello@bytotalagent.com
- Company: Total Agent LLC
- Address: Palm Beach County, Florida