Privacy Policy
Last Updated on December
10, 2021
ERA Franchise Systems
LLC and our affiliate and subsidiary companies (which include Guaranteed Rate
Affinity, Realogy Title Group, Realogy Insurance Agency, and Realogy Lead
Management Services, Inc. d/b/a Realogy Leads Group) (collectively, “we,”
“our,” or “us“) are committed to privacy and
to transparency in our information practices. In this Privacy Notice (the
“Notice”), we describe how we may collect, use, disclose, and
otherwise process personal information related to our websites (each, a
“Website”) and mobile applications (each, an “App”) that
display or link to this Notice and our other services, products, and technology
solutions (collectively, the “Services“).
Overview of
Our Collection and Use of
Personal Information
We think transparency is important. In this overview, we summarize the personal information we collect and how we use
it, which is further explained in our Privacy Notice below. Keep in mind that the actual information we collect, and
our use of such personal information varies depending upon the nature of our
relationship and interactions with an individual. Also,
in some cases (such as where required by law), we ask for your consent or
give you certain choices prior to collecting or using certain personal
information.
Categories of
Personal Information We Collect. Generally,
we collect the following types of personal information: ·
Identifiers: such as name, contact information, IP
address and online identifiers, Social Security number and other government
identifiers. ·
Customer
Records: paper and
electronic records containing personal information, which you provide to us
in order to access or use our Services, such as name, digital signature,
address, telephone number, email and other contact information. ·
Characteristics
of Protected Classifications:
such as disability and health information (e.g., which we may collect in
order to, for example, make accommodations available to you at events we
host) and other profile information you provide to us. ·
Commercial
Information:
including records of real property, products or services purchased, obtained,
or considered, or other purchasing or use histories or tendencies. ·
Usage
Data: internet or other
electronic network activity Information including without limitation browsing
history, search history, and information regarding an individual’s
interaction with our Services or an advertisement. ·
Geolocation
Data: precise location
information about a particular individual or device. ·
Audio,
Video, and Other Electronic Data:
audio, electronic, visual, or similar information, such as CCTV images and
thermal screenings (e.g., collected from visitors to our offices),
photographs and call recordings., ·
Employment
History: professional or
employment-related information. ·
Education
Information:
education information and records. ·
Inferences: inferences drawn from any of the
above used to create a profile reflecting an individual’s preferences,
behaviors or other characteristics.
Use of personal information. In
general, we may use and disclose the personal information we collect for the
following business and commercial purposes:
·
Providing
support and services ·
Analyzing
and improving our business ·
Personalizing
content and experiences ·
Advertising,
marketing, and promotional purposes ·
Securing
and protecting our business ·
Defending
our legal rights ·
Auditing,
reporting, corporate governance, and internal operations ·
Complying
with legal obligations |
Individual rights. Please see Section 12, “Your Rights and Choices”, below for a description of the choices we provide
and the rights you have regarding your personal information. If you are a
California resident, please be sure to review Section 17 below titled
“Additional Information for Certain Jurisdictions” for important
information about the categories of personal information we collect and
disclose as well as your rights under California privacy laws, including your right to submit a “Do
Not Sell My Personal Information” request
(i.e., to opt out of the sale of your personal information by us). |
1. Scope of Our
Privacy Notice
This Notice applies to our collection, use, disclosure, and
other processing of personal information related to:
·
the use of our Services that display
or link to this Notice;
·
former, current, and prospective
clients, brokers, independent agents, and customers; and
·
other individuals who use our
Services, whose personal information we receive related to the Services, or who
otherwise interact or communicate with us related to our Services
Our collection, use, disclosure, and processing of personal
information about individuals will vary depending upon the circumstances. This
privacy notice is intended to describe our overall privacy and data protection
practices. In some cases, different or additional notices about our data
collection and processing practices may be provided and apply to our processing
of certain personal information
Personal information. In this privacy notice, our use of the term
“personal information” includes other similar terms under applicable
privacy laws—such as “personal data” and “personally identifiable
information.” In general, personal information includes any information
that identifies, relates to, describes, or is reasonably capable of being
associated, linked, or linkable with a particular individual.
Not covered by this notice. This privacy notice does not apply to job applicants
and candidates who apply for employment with us, or to our employees and
non-employee workers.
2. Our
Collection of Personal Information
Generally, we collect your personal information on a
voluntary basis. However, if you decline to provide certain personal
information that is marked mandatory, you may not be able to access certain
Services or we may be unable to fully respond to your inquiry.
We may collect personal information directly from
individuals, automatically related to the use of the Services, and in some
cases, from third parties (such as social networks, platform providers, payment
processors, data providers, and operators of certain third- party services that
we use).
Information we collect directly. We collect information that you provide to us, such as
·
when you create an account, provide
contact information, and send other personal information to us;
·
when you complete or submit a form
through our Services, for example, “Contact Us” or “More
Information” forms;
·
when you participate in surveys or
contests, submit orders or requests, or register for or use our Services, or
otherwise contact us;
·
information you submit or provide
such as real estate searches and preferences, whether you plan on buying or
selling real estate, home search criteria, information about financing for the
purchase of real estate, and other information related to the purchase or sale
of real estate.
Information we collect from third
parties. We may collect or receive personal
information about you and your property from third party sources, such as
public databases, joint marketing partners, social media platforms (including
from people with whom you are friends or otherwise connected), brokers and affiliated
agents, and other real estate professionals, and third
parties. For example:
·
Social media. If you choose to link,
create, or log in to your Services account with a social media service (e.g.,
Twitter, Facebook, Instagram, etc.), or if you engage with a separate app or
website that communicates with the Services, we may receive personal
information about you or your connections from that service. In many cases you
can control what personal information you share with us through privacy
settings available on those third-party social media services.
·
Real estate professionals. If you
interact or list a property with a broker, independent agent, or other real
estate professional associated with one of our Realogy Holding Corp.
(“Realogy”) brands, we may receive personal information about you and your
property from them, such as your name and property address, listing and contact
information, among other things. These
real estate professionals may be affiliated with independently owned and
operated brokerages, or with a Realogy company.
·
Property records. We may collect
information about individuals and real estate property through public
databases, such as property ownership and tax records maintained by state,
local and county agencies.
3. Legal Basis
For Our Processing of Personal Information
Certain laws, including the EU General Data Protection
Regulation (“GDPR”), requires that we inform applicable individuals
of the legal basis for our use and other processing of personal information.
Pursuant to the GDPR (and other relevant laws), we collect, use
and otherwise process personal information for the following legal basis:
·
Performance of
contract: as necessary to enter into or
carry out the performance of our contract with you.
·
Compliance with
laws: for compliance with legal
obligations and/or defense against legal claims, including those in the area of
labor and employment law, social security, data protection, tax, and corporate
compliance laws.
·
Our legitimate
interests: in furtherance of our legitimate
business interests including:
o Performance of contracts with franchisees and other parties
o Implementation and operation of global support (e.g., IT)
services for our business operations
o Customer relationship management and improving our Services,
including marketing and analytics
o Marketing and advertising
o Fraud prevention, including misuse of company IT systems or
money laundering
o Physical, IT, and network perimeter security
o Internal investigations
o Mergers, acquisitions, and reorganization, and other
business transactions
·
With your consent: in some cases, we rely on your consent to collect and
process your personal information. (See Section 12 below for information about
withdrawing your consent.)
In addition, we may process your personal information where
necessary to protect the vital interests of any individual.
4. Use of
Personal Information
While the purposes for which we may process personal
information will vary depending upon the circumstances, in general we use
personal information for the purposes set forth below. Where relevant laws
apply, we have set forth the legal basis for such processing in
parenthesis (see above for further explanation of our legal basis).
·
Providing support
and services: including, for example, to send or
facilitate communications among you, independent real estate professionals and our
affiliated entities, and other users of the Services, provide products and
services you request (and send related information), operate our Services; to communicate
with you about your access to and use of our Services; to respond to your
inquiries; to provide troubleshooting, fulfill your requests and provide
technical support; and for other customer service and support purposes. (Legal
basis: performance of our contract with you; and our legitimate interests)
·
Analyzing and
improving our business: including to
better understand how users access and use our Services, to evaluate and
improve our Services and business operations, and to develop new features,
offerings, and services; to conduct surveys, and other evaluations, such as
customer satisfaction surveys; and for other research and analytical
purposes. (Legal basis: our legitimate interests)
·
Personalizing
content and experiences: including to
provide or recommend features, content, social connections, and referrals;
tailor content we send or display on our Services; to offer location
customization and personalized help and instructions; and to otherwise
personalize your experiences. (Legal basis: our legitimate interests
and/or with your consent)
·
Advertising,
marketing and promotional purposes:
including to reach you with more relevant ads and to evaluate, measure, and
improve the effectiveness of our ad campaigns; to send you newsletters, offers,
or other information we think may interest you; to contact you about our
Services or information we think may interest you; and to administer promotions
and contests. (Legal basis: our legitimate interests and/or with your
consent)
·
Securing and
protecting our business: including to
protect and secure our business operations, assets, Services, network and
information and technology resources; to investigate, prevent, detect and take
action regarding fraud, unauthorized access, situations involving potential
threats to the rights or safety of any person or third party, or other
unauthorized activities or misconduct. (Legal basis: our legitimate
interests and/or compliance with laws)
·
Defending our
legal rights: including to manage and respond to
actual and potential legal disputes and claims, and to otherwise establish,
defend or protect our rights or interests, including in the context of
anticipated or actual litigation with third parties. (Legal basis: our
legitimate interests and/or compliance with laws)
·
Auditing,
reporting, corporate governance, and internal operations: including relating to financial, tax and accounting
audits; audits and assessments of our operations, privacy, security and
financial controls, risk, and compliance with legal obligations; our general
business, accounting, record keeping and legal functions; and related to any
actual or contemplated merger, acquisition, asset sale or transfer, financing,
bankruptcy or restructuring of all or part of our business. (Legal
basis: our legitimate interests and/or compliance with laws)
·
Complying with
legal obligations: including to comply with the law,
our legal obligations and legal process, such warrants, subpoenas, court
orders, and regulatory or law enforcement requests. (Legal basis: our
legitimate interests and/or compliance with laws)
Aggregate and de-identified
information. We may de-identify personal
information and create anonymous and aggregated data sets and reports in order
to assess, improve and develop our business, products and services, prepare
benchmarking reports on our industry and for other research, marketing and
analytics purposes.
5. DISCLOSURE
OF PERSONAL INFORMATION
We may disclose the personal information that we collect
about you as set forth below or as otherwise described at the time of
collection or sharing.
·
Service providers: We may disclose personal information with third-party
service providers who use this information to perform services for us, such as
hosting providers, auditors, advisors, consultants, and customer service and
support providers.
·
Subsidiaries and affiliates: We may share your personal information with our affiliated
companies (i.e., companies under common ownership, control or management with
us), such as Guaranteed Rate Affinity, Realogy Title Group, Realogy Insurance Agency,
and Realogy Lead Management Services, Inc. d/b/a Realogy Leads Group who may
process your personal information as set forth in this Notice, including to
share relevant news, information and offers with you. Where required by applicable law, we will
obtain your consent to such sharing.
·
Third parties. We may disclose personal information to third parties in
order to provide our Services, respond to or carry out your requests, and/or
with your consent, including with:
o independent real estate professionals and owners and
operators of real estate brokerage companies to enable them to provide services
you request through the Services.
o third parties to provide you a service you requested through
a partnership or promotional offering made by a third party or us.
o the public if you submit to a public part of the Services,
such as comments, social media posts, or other features viewable by the public
or generally by registered users of the Services.
o third parties with whom you choose to let us share
information, for example other apps or websites that integrate with the
Services, or those with Services with which we integrate.
o third parties we work with to provide you with more personalized
content and ads, and to track the effectiveness of campaigns.
·
Business
transfers: We may disclose or transfer
personal information as part of any actual or contemplated merger, sale, and
transfer of our assets, acquisition, financing or restructuring of all or part
of our business, bankruptcy or similar event, including related to due
diligence conducted prior to such event where permitted by law.
·
Legally required: We may disclose personal information if we are required to
do so by law (e.g., to law enforcement, courts or others, e.g., in response to
a subpoena or court order).
·
Protect our
rights: We may disclose personal
information where we believe it necessary to respond to claims asserted against
us or, comply with legal process (e.g., subpoenas or warrants), enforce or
administer our agreements and terms, for fraud prevention, risk assessment,
investigation, and to protect the rights, property, or safety of us, our
clients and customers or others.
Anonymized and Aggregated Data. We may share aggregate or de-identified information with
third parties for research, marketing, advertising, analytics, and other
purposes.
6. Cookies, Tracking, and Analytics
Our Services may use first party and third-party cookies,
pixel tags, plugins, and other tools to gather device, usage and browsing
information when users visit our Services. For instance, when you visit our
Services, our server may record your IP address (and associated location
information) and other information such as the type of your internet browser,
your Media Access Control (MAC) address, computer type (Windows or Macintosh),
screen resolution, operating system name and version, device manufacturer and
model, language, and the pages you view and links you select on the Services, as
well as date and time stamps associates with your activities on our Services.
We use the information for security purposes, to facilitate
navigation, to personalize and improve your experience while using the
Services, to improve and measure our advertising campaigns and to better reach
users with relevant advertising both on our Services and on third party
websites. We also gather statistical information about use of the Services in
order to continually improve their design and functionality, understand how
they are used and assist us with resolving questions regarding them.
Cookies. Cookies are small text files that a website transfers
to your hard drive to store and sometimes collect information about your usage
of websites, such as time spent on the websites, pages visited, language
preferences, and other anonymous traffic data. You can control the way in which
cookies are used by altering your browser settings. You may refuse to accept
cookies by activating the setting on your browser that allows you to reject
cookies. However, if you select such a setting, this may affect the functioning
of our Services. Unless you have adjusted your browser setting so that it will
refuse cookies, our system will issue cookies when you access or log on to our
Service.
·
Strictly
necessary cookies are essential, as they enable
you to move around the Service and use its features. Without these cookies we
could not, for example, authenticate your login or remember that you are
logged-in as you move through the Service.
·
Functionality
cookies allow us to remember choices
you make (such as the region you’re in) and tailor the Service to provide
enhanced features and content for you. For instance, they can be used to
remember your login details or remember your nickname when you next login. They
may also be used to provide services you’ve requested, for example leaving a
comment on the Service.
·
Analytics &
performances cookies collect information about how
the Service is used, for example which pages users visit most often and if any
error messages are displayed on certain pages. Information collected using
these cookies is used to monitor activity on the Service and understand how it
is being used.
If you have disabled one or more cookies, we may still use
information collected from cookies before your disabled preference was set.
However, we will stop using the disabled cookie to collect any further
information.
To find out more about cookies, including how to see what
cookies have been set and how to manage and delete them, visit
www.aboutcookies.org.
Pixel tags and other similar
technologies. Pixel tags (also known as web
beacons and clear GIFs) may be used in connection with some Websites to, among
other things, track the actions of users of the Websites (including email recipients),
measure the success of our marketing campaigns and compile statistics about
usage of the Websites and response rates. We and our service providers may also
use pixel tags in HTML emails to our customers, to help us track email response
rates, identify when our emails are viewed, track whether our emails are
forwarded, and conduct analytics.
Log files. Most browsers collect certain information, such as
your IP address, device type, screen resolution, operating system version and
internet browser type and version. This information is gathered automatically
and stored in log files.
Third party analytics tools. Our Websites use automated devices and applications
operated by third parties, such as Google Analytics, which uses cookies and
similar technologies to collect and analyze information about use of the
Websites and report on activities and trends. This service may also collect
information regarding the use of other websites, apps and online resources. You
can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and you can opt out of them by downloading the Google
Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Do-Not-Track signals. Please note
that our Websites do not recognize or respond to any signal which your browser
might transmit through the so-called ‘Do Not Track’ feature your browser might
have. If you wish to disable cookies on our Websites, you should not rely on
any ‘Do Not Track’ feature your browser might have.
7. Interest-based Advertising
On some of our Websites, we may work with third-party ad
networks, analytics companies, measurement services and others
(“third-party ad companies”) to display advertising on our Services
and to manage our advertising on third-party sites, mobile apps and online
services. We and these third-party ad companies may use cookies, pixels tags
and other tools to collect information on our Websites (and on third-party
sites and services), such as browsing history, IP address, device ID, cookie
and advertising IDs, and other identifiers, general location information and,
with your consent, your device’s geolocation information; we and these
third-party ad companies use this information to provide you more relevant ads
and content and to evaluate the success of such ads and content.
You can manage how your preferences regarding third party ad
company cookies set by this Service by reading the cookie discussion above.
Please also see the cookie discussion above for information
about the third parties we may work with to display targeted ads on third-party
sites and to measure the success of our marketing and campaigns. You may also
obtain more information about targeted or “interest-based
advertising” and opt-out of many ad networks at the industry websites
below:
·
Canada: www.youradchoices.ca
·
EU: www.youronlinechoices.eu
·
U.S.: www.aboutads.info
8. SOCIAL
FEATURES AND THIRD-PARTY PLUG INS
The Services may integrate with social sharing features and
other related tools which let you log in to the Services or share actions you
take on the Services. Your use of such features enables the sharing of
information with your friends or the public, depending on the settings you
establish with the social sharing service. Please refer to the privacy policies
of those social sharing services for more information about how they handle the
data you provide to or share through them. We do not receive or store passwords
to your third-party social media accounts in this context.
9.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
The Services are hosted on servers located in the United
States. Note that some countries may not provide the same level of data
protection as your home country. If you are located, for example, in European
Economic Area or Switzerland (collectively, “EEA”), your personal
information will be transferred to the United States and possibly to other
jurisdictions (e.g., to the location of a property for which you have requested
information), which may not provide the same level of protection under your
local data protection laws. In such cases, we rely on suitable personal information
transfer safeguards. You may have the right to request a copy or information
about those safeguards by contacting us as detailed below.
10. SECURITY
We use technical, administrative, and physical controls in
place to help protect personal information from unauthorized access, use, and
disclosure. Even so, despite our reasonable efforts, no security measure is
ever perfect or impenetrable. In the event that the security of your account
has been compromised, please immediately notify us in accordance with Section 16
below (“Contact Us”).
11. DATA
RETENTION
We will retain your personal information for the period
necessary to fulfill the purposes outlined in this privacy notice unless a
longer retention period is required or permitted by law. We may retain personal
information for longer where required by our legal and regulatory obligations,
professional indemnity obligations, or where we believe it is necessary to
establish, defend or protect our legal rights and interests or those of others.
With respect to the data and files we handle as a processor, we retain this
personal information in accordance with our clients’ instructions.
12. YOUR RIGHTS
AND CHOICES
Marketing. You may opt out from receiving marketing-related
communications from us on a going-forward basis by contacting us or by using
the unsubscribe mechanism contained in each email. We will try to comply with
your request(s) as soon as reasonably practicable. Please note that if you opt
out of receiving marketing-related emails from us, we may still send you
important administrative messages, from which you cannot opt out.
Cookies and similar technologies. Please review your browser or device settings for
certain cookies and see above to exercise certain choices regarding cookies.
Access, amendment and deletion. Under applicable privacy laws, you may have the right
to request to review, make amendments, have deleted or otherwise exercise your
rights over your personal information that we hold, subject to certain legal
limitations and requirements. If you are subject to such a privacy law, you may
submit a request to us related to your personal information:
·
By submitting an email request to us
at dataprivacy@realogy.com
·
By contacting us at (888) 778-6995
(toll free)
We follow applicable law to take steps to keep your personal
information accurate, complete and up-to-date. In your request that is covered
by an applicable privacy law, please make clear what personal information you
would like to have changed, whether you would like to have your personal
information suppressed from our database or otherwise let us know what
limitations you would like to put on our use of your personal information. We
may only implement requests (a) where required by applicable law and (b) with
respect to the personal information associated with the particular email
address that you use to send us your request, and we may need to verify your
identity before implementing your request. We will try to comply with your
request as soon as reasonably practicable.
Please see the Section 17 (“Additional
Information for Certain Jurisdictions”) for information about individual
rights under the CCPA and the GDPR.
Deactivation. You can deactivate your account at any time by
contacting us at the email address at the bottom of this page. However, you
will not be able to access many of the services to deactivate your account.
Please note that even if you request deactivation of your account, it may take
some time to fulfill this request.
Responding to Requests. Please note that we may need to retain certain
information for recordkeeping purposes and/or to complete any transactions that
you began prior to requesting a change or deletion. There may also be residual
information that will remain within our databases and other records, which will
not be removed. We may not always be able to fully address your request, for
example if it would impact the duty of confidentiality we owe to others, or if
we are legally entitled to deal with the request in a different way.
Additional information for certain
jurisdictions. We are committed to respecting
the privacy rights of individuals under all privacy laws applicable to us. Some
privacy laws require that we provide specific information about individual
rights to applicable consumers, which we have set forth at the end of this
privacy notice:
·
California: if you are a California resident, you have certain rights,
under California privacy laws, regarding your personal information as set forth
in Section 17 below.
·
EU/EEA: if you are in the European Union / European Economic Area,
we provide further details about your rights under the GDPR in Section 17
below.
13. CHILDREN
The Services are not intended or directed to children under
the age of 16, and we do not knowingly collect any personal information, or
knowingly track the use of our Services, from children. If we have actual
knowledge that personal information about a child under 16 years old has been
collected, then we will take appropriate steps to try and delete such personal
information.
14. THIRD-PARTY
WEBSITES
The Services may contain links to third-party services. We
do not own, operate, or control the websites of third-parties, including those
of independently owned and operated franchisees. Accordingly, this Notice does
not apply to any services maintained or operated by third-parties. When you
click on those links, you will go to a third-party website where you will be
subject to that service’s privacy policy or similar statement and terms of use,
and we encourage you to read that policy statement. We are not responsible for
the privacy practices of other services, and we expressly disclaim any
liability for their actions, including actions related to the use and
disclosure of personal information by those third parties.
15. CHANGES TO
THIS NOTICE
We may amend this Notice at any time. If we make any
material change in how we collect, use, disclose, or otherwise process personal
information, we will prominently post a notice regarding such change on the
Services. Any material changes to this Notice will be effective 10 days after
our posting of the updated Notice or as otherwise required by applicable law.
Where required to do so by law, we may seek your prior consent to any material
changes we make to this Notice.
16. CONTACT US
If you have any questions or concerns about this Notice,
please use the following contact information:
·
Email: dataprivacy@realogy.com
·
Mailing address: 175 Park Ave.,
Madison, NJ 07940 Attn: Data Privacy
·
Phone number: (888) 778-6995
17. ADDITIONAL
INFORMATION FOR CERTAIN JURISDICTIONS
California Residents.
In this section, we provide information for California
residents, as required under California privacy laws, including the California
Consumer Privacy Act (“CCPA“), which requires that we provide
California residents certain specific information about how we handle their
personal information, whether collected online or offline. This section does
not address or apply to our handling of publicly available information made
lawfully available by state or federal governments or other personal
information that is subject to an exemption under the CCPA.
Categories of personal information
that we collect and disclose. Our
collection, use and disclosure of personal information about a California
resident will vary depending upon the circumstances and nature of our
interactions or relationship with such resident. The table below sets out
generally the categories of personal information (as defined by the CCPA) about
California residents that we collect how we may disclose these categories to
others for a business purpose.
Categories
of personal information collected |
Third Parties to Whom We May Disclose for
a Business Purpose |
Identifiers: direct identifiers such as a real
name, alias, address, unique personal identifier, online identifier, Internet
Protocol (IP) address, email address, account name, social security number,
driver’s license number, passport number, or other similar identifiers. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
affiliates
and subsidiaries •
real
estate professionals •
advertising
networks •
data
analytics providers •
social
networks •
operating
systems and platforms |
Customer Records: paper and electronic customer records
containing personal information, which you provide to us in order to access
or use our Services, such as name, digital signature, address, telephone
number, email and other contact information, government identifiers,
financial and payment information. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
affiliates
and subsidiaries •
real
estate professionals •
operating
systems and platforms |
Characteristics of Protected Classifications: such as disability and health
information (e.g., which we may collect in order to, for example, make
accommodations available to you at events we host). |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
affiliates
and subsidiaries |
Commercial Information: including records of real property,
products or services purchased, obtained, or considered, or other purchasing
or use histories or tendencies. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
affiliates
and subsidiaries •
real
estate professionals •
data
analytics providers •
social
networks •
operating
systems and platforms |
Usage Data: internet or other electronic network
activity Information including without limitation browsing history, search
history, and information regarding a consumer’s interaction with an Internet
website, application, or advertisement. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
affiliates
and subsidiaries •
real
estate professionals •
advertising
networks •
data
analytics providers •
social
networks |
Geolocation Data: precise geographic location
information about a particular individual or device. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
affiliates
and subsidiaries •
real
estate professionals •
operating
systems and platforms |
Audio, Video and other Electronic Data: audio, electronic, visual, thermal,
olfactory, or similar information such as, CCTV footage and thermal
screenings (e.g., collected from visitors to our offices), photographs, and
call recordings. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
real
estate professionals •
affiliates
and subsidiaries |
Employment History: professional or employment-related
information. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
real
estate professionals •
affiliates
and subsidiaries |
Education Information: education history and background. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
real
estate professionals •
affiliates
and subsidiaries |
Inferences: Inferences drawn from any of the
information identified above to create a profile reflecting a resident’s
preferences, characteristics, psychological trends, predispositions,
behavior, attitudes, intelligence, abilities, or aptitudes. |
•
service
providers •
advisors
and agents •
government
entities and law enforcement •
affiliates
and subsidiaries •
real
estate professionals •
advertising
networks •
data
analytics providers |
In addition, we may disclose any of the categories of
personal information we collect about you to other third parties as directed by
or consented to by you, or where necessary to fulfil your specific requests.
Categories of Personal Information
Sold. The
CCPA defines a “sale” broadly as to include disclosing or making
available personal information to a third-party in exchange for monetary or
other valuable consideration. While we do not disclose personal information to
third parties in exchange for monetary compensation from such third parties, we
may “sell” certain categories of personal information as defined by the
CCPA. For example, we may share
Identifiers, Usage Data, Customer Records, Commercial Information and Profiles
with our affiliates and subsidiary companies (e.g., so that they may improve or
enhance their own records and for other purposes). We also may make Identifiers, Usage Data and
Commercial Information available to ad networks and data analytics providers
(via cookies and tags on certain of our websites) in order to improve and
measure our ad and marketing campaigns).
Sources of Personal Information. As further described in the Our Collection of Personal
Information section above, we may collect personal information from the
following sources:
•
directly from the individual
•
real estate professionals, including
brokers and independent agents of Realogy group brands
•
property records
•
public records
•
advertising networks
•
data analytics providers
•
social networks
•
government entities
•
data brokers
•
affiliate and subsidiary companies
Rights of California Residents. In general, California residents have the following rights
under the CCPA:
- Do-Not-Sell
(opt-out): to opt-out of our sale of
their personal information. While
we may “sell” personal information about California residents as defined
by the CCPA, we do not sell personal information about residents who we
know are younger than 16 years old. California residents may opt out of
sales of their personal information by us as set
forth below.
- Right
of Deletion: to request deletion of their
personal information that we have collected about them and to have such
personal information deleted, subject to certain exceptions.
- Right
to Know: with respect to the personal
information that we have collected about them in the prior 12 months, to
require that we disclose the following to them (up to twice per year and
subject to certain exemptions):
o
categories of personal information
collected;
o
categories of sources of personal
information;
o
categories of personal information
about them we have disclosed for a business purpose or sold;
o
categories of third parties to whom
we have disclosed for a business purpose or sold their personal information;
o the business or
commercial purposes for collecting or selling their
personal information; and
o a copy of the specific pieces of personal information we have collected about them.
- Right
to non-discrimination: the right
not to be subject to discriminatory treatment for exercising their rights
under the CCPA.
Submitting Requests.
Do-Not-Sell (Opt-out) Requests, Requests to Know, and Requests to Delete may be
submitted via:
•
Our online webform
•
Phone at (888) 778-6995 (toll free)
We will respond to verifiable requests received from
California residents as required by law. When you submit a
request to know or a request to delete, we will take steps to verify your
request by matching the information provided by you with the information we
have in our records. You must complete
all required fields on our webform (or otherwise provide us with this
information via the above toll-free number) so that we can process and verify
your request. In some cases, we may
request additional information in order to verify your request or where
necessary to process your request. If we are unable to adequately verify a
request, we will notify the requestor.
Authorized agents may initiate a request on behalf of another individual
by contacting us via email
or phone; authorized agents will be required to provide proof of their
authorization and we may also require that the relevant consumer directly
verify their identity and the authority of the authorized agent.
Financial Incentives. If we may make available certain programs or offerings that
are considered “financial incentives” under the CCPA, we will provide notice of
the material terms of such incentives and obtain consent from individuals
before including them in such incentive programs.
Rights Under California Shine the
Light Law. California
residents may request from businesses with whom they have an established
business relationship (1) a list of categories of personal information, such as
name, address, e-mail address, and the type of services provided to the
customer, that a business has disclosed to third parties during the immediately
preceding calendar year for the third parties’ direct marketing purposes and
(2) the names and addresses of all such third parties. To request the above
information please contact us by writing to us under the “Contact Us”
section above. We will respond to such requests within 30 days of receipt.
For more information about our privacy practices, contact us
as set forth in the “Contact Us” section above.
European Union / European Economic
Area and the United Kingdom
The GDPR (where applicable), gives data subjects the
following rights regarding their personal information:
·
Right of access: You have the right to obtain from us confirmation as to
whether or not personal information concerning you is being processed, and
where that is the case, to request access to the personal information. The
accessed information includes – among others – the purposes of the processing,
the categories of personal information concerned, and the recipients or
categories of recipient to whom the personal information have been or will be
disclosed. You have the right to obtain a copy of the personal information
undergoing processing. For further copies requested by you, we may charge a
reasonable fee based on administrative costs.
·
Right to rectify
and complete personal information: you
can request the rectification of inaccurate data and the completion of
incomplete data. We will inform relevant third parties to whom we have
transferred your data about the rectification and completion if we are legally
obliged to do so.
·
Right to erasure
(right to be forgotten): You have the
right to obtain from us the erasure of personal information concerning you in
limited circumstances where:
o it is no longer needed for the purposes for which it was
collected; or
o you have withdrawn your consent (where the data processing
was based on consent); or
o following a successful right to object; or
o it has been processed unlawfully; or
o the data has to be erased in order to comply with a legal
obligation to which we are subject.
We are not required to comply with your request to erase
personal information if the processing of your personal information is
necessary for:
o compliance with a legal obligation; or
o the establishment, exercise or defense of legal claims.
·
Right to
restriction of processing: You
have the right to obtain from us restriction of processing your personal
information. In this case, the respective data will be marked and only be
processed by us for certain purposes. This right can only be exercised where:
o the accuracy of your personal information is contested, to
allow us to verify its accuracy; or
o the processing is unlawful, but you do not want the personal
information erased; or
o it is no longer needed for the purposes for which it was
collected, but you still need it to establish, exercise or defend legal claims;
or
o you have exercised the right to object, and verification of
overriding grounds is pending.
We can continue to use your personal information following a
request for restriction, where:
o we have your consent; or
o to establish, exercise or defend legal claims; or
o to protect the rights of another natural or legal person.
·
Right to data
portability: You have the right to receive the
personal information concerning you, which you have provided to us, in a
structured, commonly used and machine-readable format and you have the right to
transmit those data to another entity without hindrance from us, but in each
case only where the processing is (a) based on your consent or on the
performance of a contract with you, and (b) also carried out by automated
means.
·
Right to object: You have the right to object at any time to any processing
of your personal information which has our legitimate interests as its legal
basis. You may exercise this right without incurring any costs. If you raise an
objection, we have an opportunity to demonstrate that we have compelling
legitimate interests which override your rights and freedoms. The right to
object does not exist, in particular, if the processing of your personal
information is necessary to take steps prior to entering into a contract or to
perform a contract already concluded.
·
Right to object
to our use of your personal information for direct marketing purposes: You can request that we change the manner in which we
contact you for marketing purposes. You can request that we not transfer your
personal information to unaffiliated third parties for the purposes of direct
marketing or any other purposes.
·
Right to withdraw
consent: if you have given us your consent
for the processing of your personal information, you have the right to withdraw
your consent at any time, without affecting the lawfulness of processing based
on consent before its withdrawal.
·
Right to obtain a
copy of safeguards: you can ask to
obtain a copy of, or reference to, the safeguards under which your personal
information is transferred outside the EU/EEA. We may redact data transfer
agreements to protect commercial terms.
· Right to lodge a complaint with your local supervisory authority: You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issue with us first, although you have a right to contact your supervisory authority at any time.