Privacy Policy
Privacy Policy
Effective
Date: January 1, 2023
ERA
Franchise Systems LLC (“ERA”) and our affiliate and subsidiary companies (such
as Anywhere Real Estate Inc., Guaranteed Rate Affinity, Anywhere Integrated
Services, Anywhere Advisors, Realogy Insurance Agency, and Anywhere Leads Inc.)
(collectively, “ERA” “we,” “our,” or “us”) are
committed to privacy and to transparency in our information practices. This Privacy
Policy describes how we collect, use, disclose, and otherwise process the personal
information described in this
Privacy Policy, as well as the rights and choices individuals have regarding
such personal information. This Privacy Policy applies to the extent we process
personal data on our own behalf, as a controller or business.
If you are a California
resident, please be sure to review
Section 17B. California Residents for important information about the categories of personal information we
collect and disclose as well as your rights under California privacy laws.
You can click the links below
to go directly to a particular section in our Privacy Policy.
1.
SCOPE OF THIS PRIVACY POLICY
2.
OUR COLLECTION OF PERSONAL INFORMATION
3.
PURPOSES AND LEGAL BASIS FOR OUR PROCESSING
4.
DISCLOSURE OF PERSONAL INFORMATION
5.
Aggregate and Non-identifiable Data
6.
COOKIES, TRACKING, AND ANALYTICS
7.
INTEREST-BASED ADVERTISING
8.
SOCIAL FEATURES AND THIRD-PARTY PLUG INS
9.
INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
10.
SECURITY
11.
DATA RETENTION
12.
YOUR RIGHTS AND
CHOICES
13.
CHILDREN
14.
THIRD-PARTY
WEBSITES
15.
CHANGES TO THIS PRIVACY POLICY
16.
CONTACT US
17.
ADDITIONAL
INFORMATION FOR CERTAIN JURISDICTIONS
a.
EEA
and the United Kingdom
b.
California Residents.
c.
Residents of Other U.S. States
1.
SCOPE OF THIS PRIVACY POLICY
This Privacy Policy applies to
our collection, use, disclosure, and other processing of personal information
related to:
•
Our
websites (each, a “Website”) and mobile applications
(each, an “App”) that display or link to this Privacy Policy and our
other services, products, and technology solutions (collectively,
the “Services”).
•
Former,
current, and prospective clients, brokers, independent agents, and customers.
•
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 or our business.
Our collection, use,
disclosure, and processing of personal information about individuals will vary
depending upon the circumstances. This Privacy Policy is intended to describe
our overall privacy and data protection practices.
Not covered by this Privacy
Policy. This
Privacy Policy does not apply to our employees and non-employee workers.
Additional privacy notices. 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. The additional notice will control to the extent there is a conflict
with this Privacy Policy, with respect to your personal information that is
subject to that notice.
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). 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.
Information
we collect directly. We collect information that you provide to
us, such as:
•
When
you create an account, provide contact information, or 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 an Anywhere brand, 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 an Anywhere 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.
PURPOSES
AND LEGAL BASIS FOR OUR PROCESSING
Certain laws, including the EU
General Data Protection Regulation (“GDPR”), UK and Brazil data protection law,
and similar laws require that we inform applicable individuals of the legal
basis for our use and other processing of their personal information. In this section, we described the purposes
for which will collect, use, disclose and otherwise process personal
information, as well as the legal bases for such processing, generally, under such
privacy laws.
Legal bases under certain privacy
laws.
Pursuant to the GDPR, UK and Brazil data protection law, and similar
laws we collect, use and otherwise process personal information for the
following legal bases:
•
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, for example:
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 17A 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.
Purposes of processing. While the purposes for which
we may process personal information will vary depending upon the circumstances,
in general we collect, use, disclose and otherwise process personal information
for the purposes set forth below, as well as the legal basis for such
processing, as applicable under relevant laws (see above for further
explanation of these legal bases):
•
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)
•
Planning
and facilitating business transactions: 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)
•
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; and our general business,
accounting, record keeping and legal functions. (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)
4.
DISCLOSURE
OF PERSONAL INFORMATION
We may disclose the personal information
we collect to third parties, as reasonably necessary for the purposes described
above and as otherwise directed or consented to by you, including:
•
Service
providers: to 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: to our subsidiary and affiliated companies
(i.e., companies under common ownership, control or management with us), such
as Anywhere Real Estate, Inc., Guaranteed Rate Affinity, Anywhere Integrated
Services, Anywhere Advisors, Realogy Insurance Agency, and Anywhere Leads Inc.,
who may process your personal information in accordance with the principles of
this Privacy Policy, 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: to third parties in order to provide our
Services, respond to or carry out your requests, and/or with your consent, including to:
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: 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; and prior to the completion of
such a transfer, where necessary for due diligence or to plan for the transfer,
such as to lenders, auditors, and third-party advisors, such attorneys and
consultants, where permitted by law.
•
Legally
required: where we are required to do so by law or legal process
(e.g., to law enforcement, courts or others, or in response to a subpoena or
court order).
•
Protect
our rights: 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. including personal information,
related to litigation and other legal claims or proceedings in which we are
involved, as well as for our internal accounting, auditing, compliance,
recordkeeping, and legal functions.
5.
Aggregate
and Non-identifiable Data
We
may also use and disclose aggregate, anonymous, and other non-identifiable data
related to our business and the Services for quality control, analytics,
research, development and other purposes. Where we use, disclose or process
de-identified data (data that is no longer reasonably linked or linkable to an
identified or identifiable natural person, household, or personal or household
device) we will maintain and use the information in deidentified form
and not to attempt to reidentify the information, except as permitted by
applicable privacy laws (such as to confirm whether our deidentification
processes are reasonable and adequate).
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 associated with your
usage of and activities on our Services.
We use the information for
security purposes, to facilitate navigation, to improve, analyze and optimize
our Services and their functionality, 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.
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.
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.
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 and opt-out of collection of
your browsing data by Google Analytics at https://tools.google.com/dlpage/gaoptout.
Browser signals. Please note that our Websites
do not recognize or respond to browser “do-not-track” requests or other browser
privacy signals. However, you can review and update your cookie preferences on
our Websites as discussed above.
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 review and manage your
preferences for targeting cookies and get information about to targeting
cookies in use on one of our Websites by clicking “Cookie Settings” in the
footer of our website.
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: https://youradchoices.ca
•
EU: https://youronlinechoices.eu
•
US: https://youradchoices.com
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.
9.
INTERNATIONAL
TRANSFERS OF PERSONAL INFORMATION
ERA is headquartered in the
United States and has affiliates and service providers in multiple
jurisdictions. As such your personal
information may be transferred to the United States and other jurisdictions
where we or our service providers have operations, and may be subject to
disclosure to the governments, courts, or law enforcement or regulatory
agencies of such of these jurisdictions upon transfer. Some of these jurisdictions—including
the United States—may not provide the same level of data protection as your
home country. In such cases, we rely on
suitable personal information transfer safeguards. You may 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
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.
Contact Us.
11.
DATA
RETENTION
We will retain your personal
information for the period necessary to fulfill the purposes outlined in this Privacy
Policy 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
We provide several ways for you
to exercise certain privacy choices regarding your personal information
processed by us, as described in this section. 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 in Section 17 of this Privacy Policy. California
residents, please review Section 17B. California Residents for information about your California
privacy rights.
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 preferences. To review and update your preferences for
most types of cookies (other than those that are necessary) for one of our
Websites, Click “Cookie Preferences” link in the footer of that Website.
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.
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@anywhere.re
•
By
contacting us at (888) 778-6995 (toll free)
We will process in accordance
with and where required by applicable law, and with respect to your personal
information that is linked or linkable to the email that you use to send us
your request and the verifiable information provided by you as a part of your
request. We will take steps to verify
your identity before implementing your request.
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.
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 Privacy Policy 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 PRIVACY POLICY
We may amend this Privacy
Policy 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 Privacy
Policy will be effective 10 days after our posting of the updated Privacy
Policy 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 Privacy
Policy.
16.
CONTACT
US
If you have any questions or
concerns about this Privacy Policy, please use the following contact
information:
Email: dataprivacy@anywhere.re
Mailing address: 175 Park Ave., Madison, NJ 07940 Attn: Data Privacy
Phone number: (888) 778-6995
17.
ADDITIONAL
INFORMATION FOR CERTAIN JURISDICTIONS
Residents of certain states
have additional rights under applicable privacy laws, as described in this
section.
•
If
you are a resident of the EEA or the United Kingdom, please review Section 17.A below
for additional information about your privacy rights under applicable privacy
laws.
•
If
you are a resident of the United States, please review Section 17.B below for additional information about the categories of
personal information we collect about you and your privacy rights under
applicable California privacy laws and Section 17.C below for additional information about privacy rights under other U.S. state privacy laws.
A.
EEA
and the United Kingdom
The GDPR and UK data protection
laws (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;
o
you
have withdrawn your consent (where the data processing was based on consent);
o
following
a successful right to object;
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 compliance with a legal obligation, or 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, subject
to certain limitations, where: (i) the accuracy of your personal
information is contested; (ii) the processing is unlawful, but you do not want the personal information erased; (iii) 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
(iv) you have exercised the right to object, and verification of overriding
grounds is pending.
•
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: 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.
You may submit your GDPR request to us via:
·
Our online webform
·
Phone at (888) 778-6995 (toll free)
B.
California
Residents.
This section provides California residents
with additional information regarding our collection, use and disclosure of
their personal information, as well as their privacy rights, under California
privacy laws.
In this section, we provide additional information to
California residents about how we handle their
personal information, as required by the California Consumer Privacy Act (“CCPA”). This section does not address or apply to our handling of personal
information that is exempt 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. Below we describe the categories of personal information we
may collect about California residents (including the categories of personal
information that we have collected about California residents in the past 12
months):
·
Identifiers: includes 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.
·
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.
·
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).
·
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 a consumer’s interaction
with an Internet website, application, or advertisement.
·
Location
data: location information about a
particular individual or device.
·
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.
·
Employment
history: professional or
employment-related information.
·
Education
information: education history and
background.
·
Profiles
and 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.
·
Sensitive
personal information: in limited circumstances, we may collect certain information
considered to be sensitive personal information under the CCPA, including Social
Security number and tax ID; driver’s license, state identification card,
passport number, or other government identifier; financial account number and
payment card data; and geolocation data.
Categories of third parties. Below we describe the third parties to whom we
may disclose each category of personal information for a business or commercial
purpose:
·
Identifiers:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
o
advertising
networks
o
data
analytics providers
o
social
networks
o
operating
systems and platforms
·
Customer
records:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
o
operating
systems and platforms
·
Characteristics
of protected classifications:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
·
Commercial
information:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
o
data
analytics providers
o
social
networks
o
operating
systems and platforms
·
Usage
data:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
o
advertising
networks
o
data
analytics providers
o
social
networks
o
operating
systems and platforms
·
Location
data:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
o
operating
systems and platforms
·
Audio,
video and other electronic data:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
·
Employment
History:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
·
Education
information:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
·
Profiles
and inferences:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
o
advertising
networks
o
data
analytics providers
o
social
networks
·
Sensitive
personal information:
o
service
providers
o
advisors
and agents
o
government
entities and law enforcement
o
affiliates
and subsidiaries
o
real
estate professionals
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
fulfill your specific requests.
Sales and sharing. The CCPA defines a “sale” as
disclosing or making available personal information to a third-party in
exchange for monetary or other valuable consideration, and “sharing” broadly
includes disclosing or making available personal information to a third party
for purposes of cross-context behavioral advertising. While we do not disclose
personal information to third parties in exchange for monetary compensation, we
may “sell” or “share” (as defined by the CCPA): (i) 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); and (ii) identifiers, usage data and commercial information to
ad networks, social media platforms and data analytics providers (e.g., in
order to improve and measure our ad and marketing campaigns).
Sources of Personal
Information. We
may collect personal information from the following sources:
·
Directly from the individual
·
Real estate professionals, including brokers and independent
agents of Anywhere brands
·
Property records, public records and other publicly available sources
·
Advertising networks
·
Data analytics providers
·
Social networks
·
Government entities
·
Data brokers
·
Affiliate
and subsidiary companies
·
Service
providers
Purposes of Collection, Use and
Disclosure. As
described in more detail in Section
3. Use of Personal Information and Section 4. Disclosures of Personal Information, we collect, use, disclose and
otherwise process personal information (including sensitive personal
information) for the following business or commercial purposes or as otherwise
directed or consented to by you:
·
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
·
Planning and facilitating business transactions
·
Auditing, reporting, corporate governance, and internal operations
·
Complying with legal obligations
Retention. We will retain your personal
information for the period necessary to fulfill the purposes outlined in this Privacy
Policy or otherwise disclosed to you at the time of collection 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.
Rights of California Residents. In general, California
residents have the following rights under the CCPA:
California residents’ rights. Under the
CCPA, California residents have the following rights (subject to certain
limitations) with respect to the personal information we collect and maintain
about them:
·
Opt out of sales and sharing: to opt-out of our sale and sharing of their personal information.
·
Limit uses and disclosures of sensitive personal information: to limit certain uses or disclosures of sensitive personal
information to those uses authorized by the CCPA.
·
Deletion: to request deletion of their
personal information, subject to certain exceptions.
·
To know/access: to know what personal
information we have collected about them, including the categories of personal
information, the categories of sources from which the personal information is
collected, the business or commercial purpose for collecting, selling, or
sharing personal information, the categories of third parties to whom we disclose
personal information, and the specific pieces of personal information we have
collected about them.
·
Correction: to request correction of inaccurate personal information.
·
Non-discrimination:
not to be subject to discriminatory treatment for exercising their rights
under the CCPA.
Submitting CCPA Requests. California residents may exercise their CCPA
privacy rights to know/access, delate, correct, and limit use/disclosure of
sensitive personal information by submitting a verifiable request to us via:
·
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. We will
process your request based upon the personal information in our records that is
linked or reasonably linkable to the information provided in 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.
Requests to Opt Out. Our website responds to global
privacy control—or “GPC”—signals, which means that if we detect that your
browser is communicating a GPC signal, we will process that as a request to opt
that particular browser and device out of sales and sharing (i.e., via cookies
and tracking tools) on our website. Note
that if you come back to our website from a different device or use a different
browser on the same device, you will need to opt out (or set GPC for) that
browser and device as well. (You can
also manage your preferences for targeting and other cookies on one of our
Websites through the “Cookie Settings” link in the footer of the Website.) More
information about GPC is available at: https://globalprivacycontrol.org/. You may also submit a
request to opt out of other sharing and sales by submitting a request via:
·
Our online webform
·
Phone at (888) 778-6995 (toll
free)
Financial Incentives. We may make available certain
programs or offerings that are considered “financial incentives” under the
CCPA, and we will provide notice of the material terms of such incentives and
obtain consent from individuals before including them in such incentive programs.
You can opt out of such programs at any time through the opt out mechanism
provided in the program information.
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 Section 16. above.
C.
Residents
of Other U.S. States
Residents of certain U.S. states
(including Virginia) may have additional rights under applicable privacy laws,
subject to certain limitations. These rights may include:
·
Correction: to correct inaccuracies in their personal information, taking
into account the nature and purposes of the processing of the personal
information.
·
Deletion: to delete their personal information provided to or obtained by
us.
·
Access: to confirm whether we are processing their personal information
and to obtain a copy of their personal information in a portable and, to the
extent technically feasible, readily usable format.
·
Opt-Out: to opt out of certain types of processing, including:
o
to
opt out of the “sale” of their personal information.
o
to
opt out of targeted advertising by us.
o
to
opt out of any processing of personal information for purposes of making
decisions that produce legal or similarly
significant effects.
You may submit a request to exercise your privacy rights via:
·
Our online webform
·
Phone at (888) 778-6995 (toll free)
You
may also opt out of targeted advertising via on one of our Websites, by
clicking the “Cookie Settings” link on our website and turning off targeting
(advertising) cookies. (See Section 12. Your Rights and Choices, for additional
information about the privacy choices we provide and how to
exercise them.) We
will respond to your request as required under the applicable privacy
law(s). If we deny
your request, you may appeal our decision by submitting a
request through our webform.
