Terms And Conditions Of Use

Royal Florida Homes

Terms And Conditions Of Use and Privacy Policy

Terms​ ​and Conditions of Use​ ​for​ ​Royal Florida Homes, royalfloridahomes.com.

NOTICE:​ ​These​ ​Terms​ and Conditions of Use​ ​are​ ​legally​ ​binding.​ ​It​ ​is​ ​your responsibility​ ​to​ ​read​ ​these​ ​Terms​ ​and Conditions of Use​ ​carefully​ ​prior​ ​to​ ​purchase, use​ ​or​ ​access​ ​of​ ​any​ ​of​ ​our​ ​products or services,​ ​including​ ​the ROYAL FLORIDA HOMES ROYAL RESOURCE LIBRARY. We reserve the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.

Product Purchaser Agreement

All programs, products and services are owned and provided by ROYAL FLORIDA HOMES (“Company” or “we” or “us” or “our”). The term “You” or “Your” refers to any user or purchaser of said program(s), product(s) or service(s) (the “Offering”). These Terms and Conditions of Use govern and define how You are allowed to use and access Company’s Offering. We reserve the right to modify these Terms at any time without prior notification. Site users must agree upon and abide by these changes accordingly. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our service Terms.You are legally bound to these Terms and Conditions of Use whether or not you have read them. If You do not agree with any of our Terms and Conditions of Use, please email us at [email protected]​ ​and we will make reasonable efforts to remove your name, email and access to our Offering and website(s).

FREE MEMBERSHIP, ENROLLMENT, AND SUBSCRIPTIONS

Your membership includes a limited, non-transferable, non-exclusive, revocable license for the Offerings you have opted to receive, with the understanding you are not in the Real Estate Industry in any capacity, and you, a non-licensed individual are seeking the services of a licensed Real Estate agent or Brokerage. If you exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.

RESTRICTED USES:

You may not share your login information or transfer any Materials directly to a third party.

You may not sell, trade or give away the guides, checklists, or any portion of this website including all associated social media accounts of Royal Florida Homes or offerings within as standalone files even if you have modified the design by adding text, graphics, or other design elements.

You may not sell or give away the Offerings, information, styling, content on this website as standalone files or as part of templates, themes, flyers, mailers, social media posts, advertisements, graphics, guides, websites, newsletters, prints, stickers, or any other printed or downloadable items intended for use in the Real Estate Industry, Real Estate Market and Real Estate Marketing where the primary value of the end-product is the design, with the purpose of gaining customers, clients, market share, branding, recognition, database building and Real Estate sales of any kind. If you are a Licensed Real Estate Agent or other party interested in purchasing a license to use our marketing as part of templates, themes, brands, Advertisements, flyers, social media, marketing or other projects, please contact Holly Tolino at [email protected].

You may not falsely represent that you or someone else is the original creator of the images.

You may not use our content to market or sell other products, services, workshops, courses, or similar resources that are Real Estate or Design related.

You may not use the images in an unlawful way or for any illegal or unlawful purpose.

You may not sell or give away the templates as editable templates to your own clients or customers even if you have customized or made modifications to them.

If you violate the Royal Florida Homes terms of use, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole

Royal Florida Homes Use and Consent

When you Opted to receive our Offering, you were given a reasonable notice that these Terms and Conditions of Use existed. By moving forward with your opt in membership the Offering and further access of the Offering, you implicitly agreed and continue to agree to abide by these Terms and Conditions of Use as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use.

You agree you are at least 18 years old or of age in your applicable jurisdiction to access the Offering. Access of our Offering and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.

We reserve the right, but are not obligated, to limit the use of our Offering to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Intellectual Property

Membership Content

Limited License.

Any and all materials, paid or free, that you access on this or any related domains that contain our Offering are under the sole ownership or licensed use of Royal Florida Homes and Royal Florida Homes has the rights to license and reproduce, display, sublicense, sell, market, or otherwise distribute all such Content found on the website in any and all formats.

Website Content

All images, text, designs, graphics, trademarks and service marks are owned by and property of Royal Florida Homes or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.

Unless otherwise stated, you may use our intellectual property when tagging our blog or social media posts with clear and obvious credit back to our site , as well as links back to the page where the materials, designs, images, text, quote or post is located when it is appropriate to do so. However, you may never claim any of our intellectual property as your own or your unique creation, even with attribution.

To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), service materials or related communications.

Civil and Criminal Penalties

Even though our Offering is not necessarily something you can physically hold in your hand and walk away with unless it has been printed , it is nevertheless considered theft to steal, infringe or otherwise violate these Terms and Conditions of Use. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in Florida by opting into any Offering or accessing its related communications and/or materials.

Your Materials and Contributions

By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by Us, including but not limited to third party access sites or online software platforms that we use to distribute Our Offering and related materials, you agree that we have a non-revocable, commercial license to re-publish your submission in whole or in part unless you explicitly state that We may not do so with said submission.

Model Release

You must own the copyright to any image(s) You use by default or voluntarily on our platforms or in our Offering or related materials. You grant Us a commercial license to any image(s) you submit to Us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Offering, or voluntarily upon Our request. Such a default or voluntary release of Your image and likeness may be used for any reasonable future business use.

Security and Assumption of Risk

Security

It is Your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use.

Confidentiality

You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.

Assumption of Risk

By accessing our Offering and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to You.

Your Communications

Any communications made through our ‘contact,’ blog, blog comments, newsletter sign up or other related pages, or directly to our phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. We own any and all communications displayed on our website, servers, comments, emails or other media as allowed by United States law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails. For more information on when and how we store and use your communications or any data provided by you in those communications, please refer to our Privacy Policy on this page.

We maintain a right to republish any submission in whole or in part as reasonably necessary in the course of our business. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as system failure(s).While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website.

If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date.

You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at [email protected].

Earnings Disclaimer

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offerings with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon access of our Offerings or related materials.

General Disclaimer

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Offering(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

We are not medical, legal, financial or other professionals, or if We are, during the course of this Offering and related material(s), We are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the course of this Offering. This Offering is for educational and entertainment purposes only. None of the Offering or its related material(s) should be construed as medical, legal, financial advice.

Third Party Disclaimer

You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.

Warranties Disclaimer

WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT OR SERVICES MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

Technology Disclaimer

We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Offering(s) or related material(s).

Indemnification, Limitation of Liability and Release of Claims

Indemnification

You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, vendors, lenders, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Offering(s) .

Limitation of Liability

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or in relation to our Offering(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of Your access of our Offering(s) and related material(s).

Affiliates

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Termination

If at any time we feel you have violated these Terms and Conditions, then we shall immediately terminate your use of our website and any related communications as we deem appropriate. It is within our sole discretion to allow any user’s access of our website, and we may revoke this access at any time without notice, and if necessary, block your IP address from further visits to our site(s).

Revocation of Access

You have the unilateral right to terminate your use and access to any of Our Offering(s). You may unsubscribe from your membership directly from Royal Florida Homes website or emails or email us at [email protected] to process your cancellation.

Dispute Resolution

If You and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then You explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action.

Non-Disparagement

If you are found to be slandering, libeling or otherwise disparaging our Company, Offering(s) or related materials at our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.

Entire Agreement

Before you register with our website , you will be asked to consent to our Privacy Policy. If you have consented, or once you do consent, the terms of the Privacy Policy together with these Terms and Conditions, the information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Severability

If any part of these Terms and Conditions or our Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Florida, United States.

Consent

By using our website, you hereby consent to our Terms and Conditions of Use.

If you require any more information or have any questions about our Terms and Conditions of website use, or our Privacy Policy, please feel free to contact us by email at [email protected]

All Rights Reserved

All rights not expressly granted in these Terms and Conditions of Use or any express written here, are reserved by Company.

Contact

If you have any questions about any term of these Terms of Use, please contact us at [email protected]. Thank you.

Privacy Policy

Last updated June 11, 2021

We at Royal Florida Homes respect your privacy. 

This Privacy Policy is designed to explain how we collect, use, share, and protect the personal information you provide to us when you access our website, obtain our goods or services, or engage with us on social media, as well as your own rights to the information we collect.

Please read this Privacy Policy carefully. We will alert you to any changes to this Policy by changing the “last updated” date at the top of this Policy. Any changes become effective immediately upon publication on our website, and you waive specific notice of any changes to the Policy by continuing to use and access our site(s).

We encourage you to review this Privacy Policy periodically, when you use our website for any purpose or engage with us on social media. You are deemed to have accepted any changes to any revised Privacy Policy by your continued use of our website after the revised Privacy Policy is posted.

INFORMATION THAT WE COLLECT

We collect a variety of information from you when you visit our website, opt-in membership, download materials or interact with us on social media.

By accepting this Privacy Policy, you are specifically consenting to our collection of the data described below, to our use of the data, to the processing of this data, and to our sharing of the data with third party processors as needed for our legitimate business interests.

The information we collect may include:

Personal Data: 

Personal Data is information that can be used to identify you specifically, including your name, shipping address, email address, or telephone number.

You consent to giving us this information by providing it to us voluntarily on our website or any mobile application.

You provide some of this information when you register with our website. You may also provide this information by participating in various activities associated with our site, including responding to blogs, contacting us with questions, or participating in group webinars.

Your decision to disclose this data is entirely voluntary. You are under no obligation to provide this information, but your refusal may prevent you from accessing certain benefits from our website.

Derivative Data: 

Derivative data is information that our servers automatically collect about you when you access our website, such as your IP address, browser type, the dates and times that you access our website, and the specific pages you view.

If you are using a mobile application, our servers may collect information about your device name and type, your phone number, your country of origin, and other interactions with our application.

Social Networking Data:

 We may access personal information from social networking sites and apps, including Facebook, Instagram, Linkedin, Twitter, Pinterest, Youtube or other social networking sites or apps not named specifically here, which may include your name, your social network username, location, email address, age, gender, profile picture and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.

Mobile Device Data: 

If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.

Other data:

On occasion, you may give us additional data in order to enter into a contest or giveaway or to participate in a survey. You will be prompted for this information and it will be clear that you are offering this kind of information in exchange for an entry into such a contest or giveaway.

HOW WE USE YOUR INFORMATION

Your information allows us to offer you certain products and services, including the use of our website, to fulfill our obligations to you, to customize your interaction with our company and our website, and to allow us to suggest other products and services we think might interest you. We generally store your data and transmit it to a third party for processing.

However, to the extent we process your data, we do so to serve our legitimate business interests (such as providing you with services and interact with our website).

Specifically, we may use the information and data described above to:

1. Create and administer your account; and
2. Deliver any materials or services opted-in by you to you; and

3. Correspond with you; andContact you about new offerings that we think you will be interested in; and

4 Interact with you via social media; and

5 Send you a newsletter or other updates about our company or website; and

6 Deliver targeted advertising; andRequest feedback from you; and

7 Notify you of updates to our product and service offerings; and

8 Resolve disputes and troubleshoot any problems; and

9 Administer contests or giveaways; and

10 Generate a profile that is personalized to you, so that future interactions with our website will be more personal; and

11 Compile anonymous statistical data for our own use or for a third party’s use; and

12 Assist law enforcement as necessary; and

13 Prevent fraudulent activity on our website or mobile app; and

14 Analyze trends to improve our website and offerings.

WHY WE DISCLOSE YOUR INFORMATION

We may share your information with third parties in certain situations. In particular, we may share your data with third party processors as needed to serve our legitimate business interests, which include administration of our website, administration of your account, entering into contracts with you, communicating with you, taking orders for goods or services, delivering our goods and services, identifying trends, protecting the security of our company and website, and marketing additional goods and services to you.

The legal basis for our disclosure of your data is both your Consent to this Privacy Policy and our own right to protect and promote our legitimate business interests.

The following are specific reasons why we may share your information.

Third Party Processing: 

We may disclose your information to third parties who assist us with various tasks, hosting services, email delivery and customer service.

 For more information, see the “Third Party Processing” Section below.

By Law:

We may share your data as required by law or to respond to legal process, including a subpoena, or as necessary to protect the rights, property, and safety of others. 

This includes sharing information with other parties to prevent or address fraud.

To Protect Our Company: 

 We may use your information to protect our company, including to investigate and remedy any violations of our rights or policies.

We may also disclose your information as reasonably necessary to acquire and maintain insurance coverage, manage risks, obtain financial or legal advice, or to exercise or defend against legal claims.

Affiliates:

We require our affiliates to honor this Privacy Policy. They are not allowed to spam you and must disclose they are an affiliate for us.

If they do not do so, they are in violation of their affiliate terms and this Privacy Policy, and any violation of this nature should be reported to [email protected]

.Advertisers:

 We may use third party advertising companies to run and manage our ads. These companies may use information about your visit to our website and other websites that are contained in web cookies (as described below) to offer you personalized advertisements about goods and services that might interest you.

We cannot control the activities of, such other advertisers or web sites. 

You should consult the respective Privacy Policies of these third-party advertisers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices.

Other Third Parties: 

 We may share information with advertisers, our investors, or other third parties for the purpose of conducting general business analysis.

If we do so, we will make reasonable efforts to inform You if required by law.

Sale or Bankruptcy: 

In the event that our company is sold, goes out of business or enters bankruptcy, your information may be an asset that is transferred to a third party successor. 

Such a successor is not bound by our Privacy Policy and may have its own.

You will be notified in the event our Company is sold, goes out of business or enters bankruptcy.

Online postings: 

When you post online, your posts may be viewed by others, and we may distribute your comments outside the website.

External Links:

Our website may include hyperlinks to other websites not controlled by us. We suggest you exercise caution when clicking on a hyperlink.

Although we use reasonable care in including a hyperlink on our own web page, we do not regularly monitor the websites of these third parties, are not responsible for any damage or consequences you suffer by using these hyperlinks.

 We are not bound by the Privacy Policies of any third party website that you access by a hyperlink, nor are they bound by ours.

We encourage you to read the Policies of those third party websites before interacting with them or making purchases.

They may collect different information and by different methods than we do.

Other purposes: 

We may disclose your personal data as necessary to comply with any legal obligation or to protect your interests, or the vital interests of others or our company.

TRACKING TECHNOLOGIES

Cookies, Log Files and Web Beacons: 

Like many other Web sites, we make use of log files. These files merely log visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks.

This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information.

IP addresses and other such information are not linked to any information that is personally identifiable.

We also use cookies – small text files sent to us by your computer – and web beacons to store certain information.

We may use cookies to authenticate your identity, to determine if you are logged onto our website, for personalization, for security, for targeted advertising, or for analysis of the performance of our website and services.

 For example, cookies allow us to recommend blog posts to you based on what you have read on our site in the past.

We use cookies that are not specific to your account but unique enough to allow us to analyze general trends and use, and to customize your interaction with our website.

Most browsers are set to accept cookies by default. 

In addition, when you first encounter our website, you will be asked to “consent to cookies.”

If you wish to disable cookies, you may do so through your individual browser options. 

However, this may affect your ability to use our website. More detailed information about cookie management with specific web browsers can be found at the browsers’ respective websites.

By continuing to use our website and not disabling cookies on your browser, you are consenting to our use of cookies in accordance with the terms of this policy.

In addition, we may use third-party software to post advertisements on our website or mobile app to oversee marketing or email campaigns, or manage other company initiatives. These third party softwares may use cookies or similar tracking technology.

We have no control over these third parties or their use of cookies. 

For more information on opting out of interest-based ads, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.

WEBSITE ANALYTICS

We may partner with third party analytic companies, including Google Analytics. The analytic companies may also use cookies or other tracking technologies to analyze visitors’ use of our website or mobile app to determine the popularity of the content, and better understand online activity. 

We do not transfer personal information to these third party vendors. However, in order to access our website, you must consent to the collection and use of your information by these third party analytic companies. You should review their Privacy Policy and contact them directly if you have questions.

If you do not want any information to be collected and used by tracking technologies, visit the Network Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool

PROCESSING YOUR INFORMATION

For the most part, we do not process your information in-house, but give it to third party processors for processing. , So in many instances, it will be necessary for us to transmit your information to a third party processor, as we do not have the capability to perform these functions. More detail on third party processing is detailed below.

However, we may, from time to time, process your data internally. The legal basis for this processing is both your consent to the processing, and our need to conduct our legitimate business interests. 

Our purposes in processing this information, if we do, is to administer, maintain, and improve our website and offerings, to enter into contracts with you, to fulfill the terms of those contracts, to keep records of our transactions and interactions, to be able to provide you with goods and services,

to comply with our legal obligations, to obtain professional advice, and to protect the rights and interests of our company, our customers (including you), and any third parties. 

We may process the following data:

Data associated with your account, such as your name, address, email address.

Data about your usage of our website, such as your IP address, geographical information, and how long you accessed our website and what you viewed.

Data related to your personal profile, such as your name, address, profile picture, interests and hobbies, or employment details.

Data that you provide us in the course of using our services.

Data that you post on our website, such as comments or responses to blogs.

Data that you submit to us when you make an inquiry regarding our website or offerings.

Data related to your opt-in memberships with us.

This information may include contact details.

Data that you provide to us when you subscribe to our emails or newsletters, including your email address and contact information.

Data that you submit to us via correspondence, such as when you email us with questions.

Any other data identified in this policy, for the purpose of complying with our legal obligations, or to protect the vital interests of you or any other natural person.

INTERNATIONAL DATA

Our website is hosted by servers located in the U.S. Therefore, if you reside in the European Union, some of your data will be transferred internationally to those servers. Transfers will be protected by appropriate safeguards, namely the EU-US Privacy Shield. More information on the Privacy Shield can be found at: https://www.privacyshield.gov/welcome

DATA RETENTION

We retain personal data as long as it is needed to to conduct our legitimate business purposes or to comply with our legal obligations,

or until you ask us to delete your data. For example, we will retain certain personal information indefinitely for the purposes of maintaining your membership account, unless and until you delete your membership account. 

Data that we gather for a specific and particular purpose, such as assisting law enforcement or analyzing trends, will not be kept for longer than is necessary for that particular purpose. Data that is no longer needed by us for any of the purposes listed above will be permanently deleted.

You may request that we delete your data at any time. However, note that we cannot control the retention policies of third parties. 

 If you wish to have any third parties, including those to whom we’ve transmitted your data, delete that data, you will need to contact those third parties directly. 

You may request from us a list of all third parties to whom we have transmitted your data.

SECURITY OF YOUR INFORMATION

We take all reasonable steps to protect your personal data and keep your information secure. We use recognized online secure payment systems and implement generally accepted standards of security to protect against personal data loss or misuse. However, no security measure is foolproof, and no method of data transmission can be guaranteed against interception or misuse.

We cannot guarantee complete security of any information you transmit to us.By consent to this Privacy Policy, you acknowledge that your personal data may be available, via the internet, around the world.

We cannot prevent the use or misuse of your data by other parties.

We will notify you of promptly any known breach of our security systems or your data which might expose you to serious risk.

CHILDREN

This website is not designed for use by children under age 16, and we do not knowingly solicit personal data from anyone under age 16. If you are under age 16, do not access or use our website or related products or services.

If you become aware that we have collected data of anyone under the age of 16, please contact us so that we may delete that data.

YOUR RIGHTS

You have certain rights with respect to your personal data, as outlined below.

Note that we may charge you a reasonable fee for actions that you ask us to take with respect to your data. In addition, we reserve the right to request that you provide us with evidence of your identity before we take any action with respect to the exercise of your data rights.

Further, your rights may be restricted or nullified to the extent they conflict with our compelling business interests, the public interest, or the law.

Update Account Information: 

You have the right to update or change any information you have provided to us. To update or delete your information, please contact us at [email protected]

Confirm Personal Data and Its Use: 

You have the right to request that we confirm what data we hold about you, and for what purposes. 

You also have the right to confirmation of whether we process your data or deliver your data to third party processors, and for what purposes.

We will supply you with copies of your personal data unless doing so would affect the rights and freedoms of others.

Change Consent:

You have the right to change your consent to our use of your information. In such cases, we may require you to delete your account with us,

as described above, and you may not have full access to our website.

Request a Copy of Data: 

You have the right to request a digital copy of the data that we hold about you. 

Your first request for a copy of your personal data will be provided free of charge.

Transfer Your Data: 

You have the right to request that we gather and transfer your data to another controller, in a commonly used and machine readable format, unless doing so would cause us an undue burden.

Delete All Data: 

 You have the right to request that we delete all data that we hold about you, and we must delete such data without undue delay. 

There are exceptions to this right, such as when keeping your data is required by law,

is necessary to exercise the right of freedom of expression and information,

is required for compliance with a legal obligation, or is necessary for the exercise or defense of legal claims. 

Such a request may result in a termination of your account with us and you may have limited or no use of our website.

Emails And Communications: 

You may opt out of receiving future email correspondence from us by checking the appropriate box when you register for the account. 

You may change your communication settings by contacting us at [email protected]

Marketing Communications: 

You may opt out of receiving any third party marketing communications or having your personal information used for marketing purposes.

You may do this by contacting us at [email protected]

Processing:

You may, in some circumstances restrict the processing of your data, such as when you contest the accuracy of your data or when you have objected to processing, pending the verification of that objection. When processing has been restricted, we will continue to store your data but will not pass it on to third party processors without your consent, or as necessary to comply with legal obligations or protect your rights or those of others or our company. 

In addition, you may opt out of any processing of your data altogether.

Note however that doing so may result in the termination of your account and loss of access to our website.

Complaints: 

You have the right to complain to a supervising authority if you believe we are misusing your

data or have violated any of your rights under this Privacy Policy or applicable law.

CALIFORNIA PRIVACY RIGHTS

The State of California has established its own unique regulations that apply to California residents. 

If you reside in California, you have the right to obtain from us, once per year and free of charge, information regarding what information we disclose to third party marketers, and the names and addresses of each third party to whom we disclose your data. 

If you are a California resident and would like to make such a request, please use the contact information listed below.

If you are a California resident and under the age of 18, you have the right to request that we remove any data that you publicly post on our website.

To request removal of your data, please use the contact information listed below. Note that while we will remove your data that is publicly posted on our website,

we may not be able to completely remove that data from our systems.

Newsletter Privacy

We offer the opportunity for you to volunteer certain information to us that is used for email and marketing purposes.

This information includes, but is not limited to, your name and email. You will have an opportunity to unsubscribe from any future communications via email, but we reserve the right to maintain a database of past email subscribers. We reserve the right to use this information as reasonably necessary in our business

and as provided by law. Your information will be shared with reasonably necessary parties for the ordinary course of conducting our business,

such as through Facebook ads or Google Pay Per Click marketing campaigns.

Severability

If any part of these Terms, Conditions and Privacy Policy is deemed unlawful and/or unenforceable, all other provisions contained herein will remain in full force and effect.

Entire Agreement

The information contained herein constitutes the entire agreement between site users and our company relating to the use of this website.

Law and Jurisdiction

These Terms, Conditions and Privacy Policy are governed by and construed in accordance with United States law. Any dispute arising out of or related to the information contained herein is subject to adjudication in the state of Florida, United States of America.

Contact Information

Email: [email protected].

KELLER WILLIAMS REALTY, INC

Terms Of Use And Privacy Policy

Keller Williams Realty, Inc Terms of Use:

Please read these Terms of Service (the Agreement) carefully. This Agreement is between you and Keller Williams Realty, Inc. (“we” or “us”). Unless different terms specifically apply to a particular website or service, this Agreement governs your access and use of any website or mobile application provided by us, including kw.com, KW Command (also known as Command or Keller Command), KW Marketplace or Keller Cloud (the Services).By registering an account, clicking, or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term), or by using the Services, you agree to be bound by the terms of this Agreement and any changes to it. References to “you” and “your” in this Agreement mean both the individual using the Services and to an Organization (defined below).THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS DESCRIBED IN SECTION 16 BELOW, REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS.You affirm that you are of legal age to enter into this Agreement. If you are accessing or using the Services on behalf of, or for the benefit of, an entity (an Organization), then you are agreeing to this Agreement on behalf of yourself and the Organization, and you represent that you have the authority to do so.1. CHANGES. We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Services. The “Last Updated” legend shows when this Agreement was last changed.Subject to applicable data privacy laws, we may, at any time and without liability: (a) modify or discontinue all or part of the Services; or (b) charge, modify, or waive any fees required to use the Services.2. LICENSE TO USE THE SERVICES.We grant you a limited, revocable, non-exclusive license to use the Services and we provide the Services for your personal use only unless we agree otherwise. The Services, and all its elements, are owned by us or licensed to us by third parties. We and such third-party licensors retain all right, title, and interest in the Services, including all patent, copyright, trademark, and trade secret rights therein.The Services may not work with all hardware or devices. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Services. The Services may include software applications that may make available additional products and services (these are collectively referred to as the “Apps”). You may be required to download or use specific software and Apps for certain components of the Services to function properly.3. REGISTRATION; USERNAMES AND PASSWORDS. You may have to register an account with us to use the Services. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and must be kept confidential. You are responsible for the security of your account and all actions associated with it. You must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Services account.4. INFORMATION COLLECTED THROUGH THE SERVICES.Client Data. “Client Data” means any information related to former, current, or prospective clients of KWRI or its agents, or information related to you that is uploaded, or synchronized with Apps (defined in Section 2), in the Services.Information You Provide Through the Services. You promise that: (a) you have complied with and will continue to comply with all laws applicable to any information you provide or access through the Services, including but not limited to Client Data (as defined below); (b) such information is and will remain accurate and complete, and you will maintain and update the information as needed; and (c) you have all necessary rights and permissions to authorize the processing of such information under this Agreement.Privacy Policy. You agree that the Services, including Apps licensed by us, may collect, transmit, and process data as described in the KWRI Privacy Policy located at https://www.kw.com/kw/privacypolicy (the Privacy Policy), as such policy may be updated over time. For clarity, you agree that KWRI may share any information it collects through the Services, including personally identifiable information, with KWRI’s affiliated entities and other third parties.5. YOUR CONDUCT. YOU MUST NOT: Post, transmit or make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.Post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a Virus).Link, integrate, or provide access to the Services or related infrastructure without KWRI’s prior explicit permission.Use the Services in any way or for any purpose that is unlawful, fraudulent, or otherwise tortious.Impersonate someone else in relation to your activities on the Services.Transmit any spam, chain letters or other unsolicited communications.Harvest or collect information about users of the Services.Interfere with the operation or content of the Services, or the servers or networks used to make the Services available (for example, by hacking or defacing any portion of the Services), or violate any requirement, procedure or policy of such servers or networks.Inhibit any other person from using the Services.Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services.Reverse engineer, decompile or disassemble any portion of the Services.Remove or alter any copyright, trademark or other proprietary rights notice from the Services.Frame or mirror any portion of the Services, or incorporate any portion of the Services into any product or service.Systematically download or store Services content.Tamper with or circumvent any security technology associated with the Services.Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent. We may monitor your use of the Services to determine compliance with this Agreement. We may remove or refuse any data or material included in the Services, in whole or in part, for any reason. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.6. THIRD PARTY MATERIALS; LINKS. Some of the Services’ functionality may include third-party materials, including Apps (Third Party Materials), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.We do not endorse, and make no representations or warranties related to, any aspect of the Third Party Materials. Your use of any Third Party Materials is at your own risk and subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials) (the Third Party Terms). You are solely responsible for your compliance with such Third Party Terms. We have no obligation to monitor any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time. 7. TRANSACTIONS.We may give you the ability to purchase products, services or access to Apps through the Services (each a “Transaction”). In order to make a Transaction, you may be asked to supply information, such as your credit card number and its expiration date, and your billing address. You promise that you have the right to use the credit card you use or submit in connection with a Transaction, and you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.We may, with or without prior notice, (a) limit or discontinue access to any product, service or App; (b) impose conditions on the honoring of any coupon, discount or similar promotion; (c) prevent any user from making any Transaction; and (d) refuse to provide any user with any product, service or App. Unless otherwise specifically stated, Transactions are final, non-cancellable, and non-refundable. You must pay all charges incurred by you or on your behalf at the prices in effect when such charges are incurred. Additionally, you are responsible for any taxes applicable to your Transactions.8. SUBSCRIPTIONS; PAYMENT AUTHORIZATION. If you purchase an App, product, or service through an App, or if you start a free trial for an App, product or service, that is a “Subscription”. Your Subscription will renew automatically at the regular subscription price and at the frequency stated when you made the purchase or began the free trial, unless you are otherwise notified in writing. UNLESS YOU SET A SUBSCRIPTION TO STOP AUTOMATICALLY RENEWING PRIOR TO ITS RENEWAL DATE, OR CANCEL A FREE TRIAL BEFORE IT ENDS, EACH IN THE MANNER SPECIFIED BY THE APP OR THE SUBSCRIPTION TERMS, YOU AUTHORIZE US (WITHOUT FURTHER NOTICE TO YOU, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWS) TO CHARGE THE PAYMENT METHOD YOU HAVE PROVIDED TO US IN THE AMOUNT OF THE THEN-CURRENT SUBSCRIPTION FEES AND ANY APPLICABLE TAXES, ON A MONTHLY BASIS OR AT ANY OTHER FREQUENCY SPECIFIED BY THE APP OR THE SUBSCRIPTION TERMS AND AGREED TO BY YOU. If we cannot charge your payment method for any reason, such as an expired payment method or insufficient funds, you remain responsible for any uncollected amounts. We may attempt to charge your payment method again as you update your payment information. We may terminate a subscription, or change the terms of subscriptions, at any time. If we terminate a subscription, you will receive a prorated refund if applicable.9. SUBMISSIONS.Users may make available information, data and materials through or in connection with the Services (each a “Submission”), including on profile pages or through the Services’ interactive features and submitting reviews of Apps. We have no control over, and we are not responsible for, any Submission, or use or misuse (including any distribution) of Submissions. We have the right to remove, screen, edit or reinstate any Submissions, including reviews, in our sole discretion and without notice to you. If you choose to make any of your personally identifiable or other information publicly available through the Services, you do so at your own risk.Additionally, if you provide to us any ideas, proposals, suggestions or other materials (Feedback), such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.10. LICENSE.As between you and us, you retain ownership of your Submissions, exclusive of any visual interfaces, designs, aggregated data that is not identified with an individual, or other elements of the Services. For each Submission, you grant to us an unlimited, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission (provided that our use and other processing of Personal Information as defined in the Privacy Policy does not violate the Privacy Policy), in any format or media now known or later developed, and for any purpose (including promotional purposes, such as testimonials).You promise that you have all rights necessary to grant the licenses granted in this Agreement, and that your Submissions are complete and accurate, and are not fraudulent, tortious or in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials related to each Submission that you may have under any applicable law under any legal theory.11. KELLER WILLIAMS’ PROPRIETARY RIGHTS.We and our suppliers own the Services, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include Keller Williams, KW and any associated logos. All trade names, trademarks, service marks, logos, copyrightable works and other content, information and materials on or made available through the Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works or other content, information and materials without the express prior written consent of the owner.12. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.13. LIMITATION OF LIABILITY. NEITHER WE NOR OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY OF ALL AFFILIATED ENTITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEEDING THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION FOR DAMAGES, OR (II) FIFTY DOLLARS ($50.00). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY APPS OR THIRD PARTY MATERIALS) IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.14. INDEMNITY.You will defend, indemnify and hold harmless us and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to: (a) your use of, or activities in connection with, the Services (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.15. TERMINATION.This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.16. GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER.This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Texas, U.S.A., without regard to its principles of conflicts of law regardless of your location. Except for disputes that qualify for small claims court, any controversy or claim arising out of or related to this Agreement will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that we and you are each waiving the right to trial by a jury, and you are agreeing to give up any legal right you may have to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision, you may opt out without prejudice or penalty. In order to opt out of this arbitration provision, you must notify us in writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered by e-mail to [email protected] or by mail to 1221 S. Mopac Expressway, Suite 110, Austin, Texas 78746, Attn: Legal Department, within thirty (30) days of the earlier of: (a) the date you first use or access the Services; and (b) the date you click or tap any button or box marked “accept,” “agree” or “ok” (or a similar term) in connection with this Agreement (including registering your account).Arbitrations conducted pursuant to this Agreement will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures (Commercial Rules). In the event the Commercial Rules conflict with any provision of this Agreement, the terms of this Agreement will control. A party will initiate an arbitration under this Agreement by providing notice and a demand for arbitration to the other party according to the Commercial Rules. The parties will work together to agree on the appointment of an arbitrator within twenty (20) days of the initiation of the arbitration. If the parties cannot agree on an arbitrator, one will be appointed according to the Commercial Rules. For arbitrations outside of California, the arbitrator shall have the authority to award attorney's fees and costs to the prevailing party if such an award is allowed under applicable law. For arbitrations within California, the arbitrator shall not have the authority to award attorney's fees and costs to a claimant who does not prevail against. 17. INFORMATION OR COMPLAINTS.If you have a question or concern regarding the Services, please send an e-mail to [email protected]. You may also contact us by calling us at (833) 592-7548. Please note that e-mail communications are not necessarily secure. Accordingly, you should not include personal or payment information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.18. COPYRIGHT INFRINGEMENT CLAIMS.The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, you may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our Designated Agent as follows: Keller Williams Realty, Inc.Legal Department1221 S. Mopac Expressway, Suite 110Austin, Texas 78746E-mail: [email protected]: (512) 327-3070We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. It is our policy to terminate, in appropriate circumstances, a user’s right to use the Services if we decide they are repeat infringers.19. EXPORT CONTROLS.You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.20. MISCELLANEOUS.This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links) to the most recent e-mail address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.

KELLER WILLIAMS PRIVACY POLICY

KELLER WILLIAMS REALTY PRIVACY POLICY LAST UPDATED: March 11, 2021Keller Williams Realty, Inc. and its affiliates, which include but are not limited to, KW Worldwide, Ltd., KW Accelerator Studios, LLC, KW Property Management, Ltd., KW Insurance, Ltd., Keller Offers, Ltd, Keller Mortgage, LLC, and Business MAPS, Ltd. all of which are based in the United States (collectively, “Keller Williams,” “we,” or “ us”), want you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect about consumers (“you”) through:Our website at https://www.kw.com and other websites and Keller Williams-branded web-based applications we operate from which you are accessing this Privacy Policy (collectively, the “KW Websites”),The Keller Williams Real Estate mobile application and other Keller Williams-branded mobile applications made available by us on or through mobile devices (collectively, the “KW Apps”),HTML-formatted email messages that we send to you that link to this Privacy Policy, andOffline interactions you have with us.Collectively, we refer to the KW Websites, the KW Apps, our emails, and offline interactions as the “Services.”Personal Information“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We collect Personal Information including:NamePostal and email addressTelephone numberIP address (we may also derive your approximate location from your IP address)Your real estate buying/selling interests, when you choose to share them with usYour mobile device’s contacts, photos, and location, when you choose to share them with usPhotosCollection of Personal InformationWe and our service providers collect Personal Information in a variety of ways, including:Through the ServicesWe collect Personal Information through the Services, for example, when you fill out a user profile when using our Services, register an account to access the Services, request a market analysis of your home, or contact us by telephone.From Other SourcesWe receive your Personal Information from other sources, for example:publicly available databases;joint marketing partners, when they share the information with us.We need to collect Personal Information in order to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people, such as your friends or family, to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.Use of Personal InformationWe and our service providers use Personal Information for legitimate business purposes including:Providing the functionality of the Services and fulfilling your requests.To provide the Services’ functionality to you, such as arranging access to your registered account and providing you with related user support services.To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions or comments, or when you request other information about our Services.To send administrative information to you, such as changes to our terms, conditions and policies.To allow you to send messages to another person through the Services if you choose to do so.We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.Providing you with marketing materials and facilitating social sharingTo send you marketing related emails with information about our services, new products, and other news about our company.To facilitate social sharing functionality that you choose to use.We will engage in this activity with your consent or where we have a legitimate interest.Analysis of Personal Information for business reporting and providing personalized services.To analyze or predict our users’ preferences in order to prepare aggregated trend reports, so we can improve our Services.To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.Allowing you to participate in sweepstakes, contests or other promotions.We may offer you the opportunity to participate in a sweepstakes, contest or other promotion.Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.We use this information to manage our contractual relationship with you.Aggregating and/or anonymizing Personal Information.We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.Accomplishing our business purposes.For data analysis, for example, to improve the efficiency of our Services;For audits, to verify that our internal processes function as intended and to address legal, regulatory or contractual requirements;For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;For developing new products and services;For enhancing, improving, or modifying our current products and services;For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; andFor operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interests.Disclosure of Personal InformationWe disclose Personal Information:To our affiliates for the purposes described in this Privacy Policy.To our third party service providers, to facilitate services they provide to us.These can include providers of services such as data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, user support service, email delivery, auditing, and other services.To our Keller Williams agents, brokers, and market centers where you have requested such sharing or inquired about a property.To third party sponsors of sweepstakes, contests, and similar promotions.To our third-party business partners.We may share your Personal Information with selected third-party business partners for our partners’ own business purposes, including to enable them to send information about products and services that may be of interest to you, consistent with your choices. Please refer to “Choices and Access” below, for information about the choices we offer concerning such sharing.By using the Services, you may elect to disclose Personal Information.On message boards, chat, blogs, and other services to which you are able to post information and content. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.Other Uses and DisclosuresWe also use and disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:To comply with applicable law and regulations.This may include laws outside your country of residence.To cooperate with public and government authorities.To respond to a request or to provide information we believe is important.These can include authorities outside your country of residence.To cooperate with law enforcement.For example, when we respond to law enforcement requests and orders or provide information we believe is necessary or appropriate.For other legal reasons.To enforce our terms and conditions; andTo protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.In connection with a sale or business transaction.We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).OTHER INFORMATION“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. The Services collect Other Information such as:Browser and device informationApp usage dataInformation collected through cookies, pixel tags and other technologiesDemographic information and other information provided by you that does not reveal your specific identityInformation that has been aggregated in a manner such that it no longer reveals your specific identityCollection of Other InformationWe and our service providers may collect Other Information in a variety of ways, including:Through your browser or deviceCertain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.Through your use of KW AppsWhen you download and use KW Apps, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.Using cookiesCookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. 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 further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. You may also wish to refer tohttp://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs. You can learn more about our cookie policy here:http://www.kw.com/kw/cookie-policyUsing pixel tags and other similar technologiesPixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services 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 exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at  https://tools.google.com/dlpage/gaoptout.Physical LocationWe may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.Uses and Disclosures of Other InformationWe may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.SecurityWe seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that there is a security vulnerability in the Services, please immediately notify us in accordance with the “Contacting Us” section below. Please allow us to investigate and resolve any security vulnerability you report to us before you disclose it publicly. These vulnerabilities are a high priority for KWRI, and we will investigate and fix vulnerabilities in accordance with our commitment to privacy and security. If you report a security vulnerability to KWRI, please provide the following details along with any other information that will help us resolve the issue:A description of the vulnerability.A description of your environment (e.g., your type of browser and version, operating system, device model, and the Service(s) you are using.Any applicable screenshots. Choices and AccessYour choices regarding our use and disclosure of your Personal InformationWe give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:Receiving marketing-related emails from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt outOur sharing of your Personal Information with our affiliates for their direct marketing purposes: If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt out.Our sharing of your Personal Information with our third-party business partners for their direct marketing purposes: If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our business partners for their direct marketing purposes, you may opt out.TO OPT OUT– Please contact us at [email protected] for assistance with the above. 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.How you can access, change or delete your Personal InformationIf you would like to request to review, correct, update, suppress, restrict or delete Personal Information, object to the processing of Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may update your information by emailing us at [email protected]. We will respond to your request consistent with applicable law. If you are a California resident, please refer to the “California Consumer Privacy Notice” at the end of this Policy for more information about the requests you may make under California law.In your request, 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. For your protection, we may only implement requests 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 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 (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase).If you are a resident of California, under 18 and a registered user of the Services, you may ask us to remove content or information that you have posted to the Services by contacting us in accordance with the “Contact Us” section below. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.Retention PeriodWe retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.The criteria used to determine our retention periods include:The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); orWhether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).Third Party ServicesThis Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Apple, Google, Microsoft, RIM or any other app developer, app provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Services.Specifically, any use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.Use of Services by MinorsThe Services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.Jurisdiction and Cross-Border TransferYour Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.ADDITIONAL INFORMATION REGARDING THE EEA: Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here:  https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as certification to the EU-U.S. Privacy Shield Framework, to protect your Personal Information (please see our EU-U.S. Privacy Shield Statement at the end of this policy). You may obtain a copy of these measures by contacting us in accordance with the “Contact Us” section below.Sensitive InformationUnless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.Updates to this Privacy PolicyThe “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.Contacting UsKeller Williams Realty, Inc., located at 1221 S MoPac Expressway, Suite 100, Austin TX 78746 USA , is the company responsible for collection, use and disclosure of your Personal Information under this Privacy Policy.If you have any questions about this Privacy Policy, please contact us at [email protected] or:1221 S MoPac Expressway, Suite 100Austin TX 78746 USABecause email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.Additional Information Regarding the EEAYou may lodge a complaint with an EU/EEA data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at:  http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.EU-U.S. Privacy Shield StatementKeller Williams Realty, Inc. and KW Worldwide, Ltd. comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.. Keller Williams Realty, Inc. and KW Worldwide, Ltd. have certified to the Department of Commerce that they adhere to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification pages, please visit: https://www.privacyshield.gov.In compliance with the Privacy Shield Principles, Keller Williams Realty, Inc. and KW Worldwide, Ltd. commit to resolve complaints about our collection or use of your personal information. European Union individuals with inquiries or complaints regarding our Privacy Shield policy should first contact [email protected] Williams Realty, Inc. and KW Worldwide, Ltd. have further committed to refer unresolved Privacy Shield complaints to BBB EU PRIVACY SHIELD, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not resolved your complaint, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers  for more information or to file a complaint. The services of BBB EU PRIVACY SHIELD are provided at no cost to you.The Federal Trade Commission has jurisdiction over Keller Williams Realty, Inc. and KW Worldwide, Ltd.’s compliance with the Privacy Shield.CALIFORNIA CONSUMER PRIVACY ACT NOTICEAddendum to Keller Williams Realty, Inc. Privacy PolicyPursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Keller Williams Realty, Inc. and its affiliates (”Keller Williams” “we” or “ us”) are providing the following details regarding the categories of Personal Information that we collect, use, and disclose about California residents. This CCPA Notice does not apply to our job applicants, employees, contractors, owners, directors, or officers where the Personal Information we collect about those individuals relates to their current, former, or potential role at Keller Williams. Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked with a particular California resident or household.Sources of Personal InformationWe collect Personal Information from:Our interactions with you, such as when you use our websites or applications, contact us online or on the phone, sign up for a newsletter, register an account, purchase a product or service, or attend one of our events; andOur affiliates, third-party providers of software applications made available on the KW Marketplace, and publicly available online sources.Categories of Personal Information CollectedWe may collect, and may have collected within the preceding 12 months, the following categories of Personal Information as listed in the CCPA:Category A. Identifiers, such as name, contact information, IP address and other online identifiers;Category B. Personal information, as defined in the California customer records law, such as name, contact information, payment card number, financial information, employment information, insurance information, and government-issued ID numbers;Category C. Characteristics of protected classifications under California or federal law, such as marital status;Category D. Commercial information, such as transaction information and purchase history;Category F. Internet or network activity information, such as browsing history and interactions with our website;Category H Geolocation data, such as device location;Category G. Professional or employment-related information; andCategory K. Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.Use of Personal InformationWe use these categories of Personal Information for the purposes of operating, managing, and maintaining our business, providing our products and services, and accomplishing our business purposes and objectives, including using Personal Information to:Fulfill your requests, respond to your inquiries, and process your transactions;Provide, develop, improve, repair, and maintain our products and services;Provide tools and services to our franchisees and agents;Personalize, advertise, and market our products and services;Conduct research, analytics, and data analysis;Maintain our property and our records, and undertake quality and safety assurance measures;Conduct risk and security control and monitoring, and detect and prevent fraud;Perform identity verification, accounting, audit, and other internal functions, such as internal investigations and record-keeping;Carry out corporate transactions, such as mergers, joint ventures or acquisitions; andComply with law, legal process, and internal policies, and exercise and defend legal claims.Disclosure of Personal InformationWe have disclosed the following categories of Personal Information as listed in the CCPA to third parties for our operational business purposes within the preceding 12 months:Category A. Identifiers, such as name, contact information, IP address and other online identifiers;Category B. Personal information, as defined in the California customer records law, such as name, contact information, payment card number, financial information, employment information,Category C. Characteristics of protected classifications under California or federal law, such as marital status;Category D. Commercial information, such as transaction information and purchase history;Category F. Internet or network activity information, such as browsing history and interactions with our website;Category G. Geolocation data, such as device location;Category I Professional or employment-related information; andCategory K. Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.We have disclosed these categories of Personal Information to our affiliated entities, trusted third-party service providers, licensed franchisees, and business partners, as well as to our agents, brokers, and market centers where you have requested such sharing.We have not sold Personal Information, as “sale” is defined in the CCPA.Individual Rights and RequestsIf you are a California resident, you may request that we:Disclose to you the following information covering the 12 months preceding your request:The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;The specific pieces of Personal Information we collected about you;The business or commercial purpose for collecting (if applicable) Personal Information about you; andThe categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).Delete Personal Information we collected from you.To make a request for the disclosures or deletion described above, please contact us at [email protected] or (877) 507-0072 We will respond to your request consistent with applicable law.You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.Changes to this CCPA NoticeWe may change or update this CCPA Notice from time to time. When we do, we will post the revised CCPA Notice on this page with a new “Last Updated” date.Contact UsIf you have any questions regarding this CCPA Notice, please contact us at [email protected].