Effective Date: October 1, 2020
A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your username and password, if you use such a feature on this site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Safari, Firefox, Internet Explorer, or other browser). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.
Additionally, If you would like to opt out of receiving targeted advertising from your desktop or mobile device, the controls are housed in the browser, iOS, or Android operating system that you are using to access the Web. Here are a few links to opt out of interest-based targeting through major advertising platforms.
4. POLICY APPLICABLE TO YOUR ACTIVITIES ON THE WEBSITE ONLY
5. PERSONAL INFORMATION WE MAY COLLECT
TYPES OF PERSONAL INFORMATION COLLECTED. By using the Website, we may ask you for certain information referred to in this policy as “Personal Information,” which includes information that pertains to your identity or that of your authorized user. In addition, our third-party vendors collect certain information about you, through cookies and other tracking technology, in connection with your activities as described herein. NextRoll uses technology to help us recognize your device and understand how you use our Website in order for us improve our services to reflect your interests and serve you advertisements about the services that are likely to be of more interest to you. Specifically, NextRoll collects information about your activity on our site(s) to enable us to measure and analyze traffic and browsing activity on our Website or show advertisements for our services to you on third-party sites. Pardot uses information about you for tracking, scoring and marketing automation while Hotjar uses your information for clickpath tracking.
In addition, certain service providers use your information as follows: your usage data is transferred to Google Analytics for site analytics and to our CRM for marketing automation. We do not have control over how our third-party vendors, including but not limited to Pardot, Hotjar, Lever, or NextRoll, use such Personal Information, and you agree to release us from claims in connection with such third-party usage of your Personal Information, to the extent permitted by law. Below lists the various categories of Personal Information that we may collect and the purposes for which we use such Personal Information. You may be required to provide Personal Information to access or use certain parts of our Website. If you do not provide the requested Personal Information, you may not be able to access or use the features of the Website where such information is requested.
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Personal Information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data which you agree not to share with us;
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
In particular, we collect the following categories of Personal Information from you:
Category Example Collected A. Identifiers. (i) Internet Protocol address (tracked via cookies); and, (ii) email address, name, postal address, or phone number, if provided by you via the contact form. YES B. Internet or other similar network activity. Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement. YES C. Geolocation data. Physical location or movements. YES D. Inferences drawn from other Personal Information. Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES
6. GENERAL INFORMATION WE MAY COLLECT
TYPES OF GENERAL INFORMATION COLLECTED. In addition to the information listed in Section 5, there may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your device has an IP address, which is required in order for you to communicate with others via the Internet. Such general information, including the clickstream activity data and cookies, as mentioned below, may be collected from you whenever you access the site, whether or not you provide us with any Personal Information.
6.1. Cookies and Related Technology
6.2. Clickstream Data
When you visit our Website we collect clickstream data about your usage of the Website. This information can be combined with information you have provided to us by submitting a contact form via the Website, which will enable us to analyze and better customize your visits. We may use the clickstream data for traffic analysis or analysis of our Website, to determine which features of our Website are most or least effective or useful to you.
7. GENERAL INFORMATION ABOUT YOU
USE OF GENERAL INFORMATION. We will primarily use the Personal Information you provide and any general information we receive from you to provide products and services to you. We may obtain information indirectly from services you access, and from observing your activities on our Website. We may also collect information from third parties or from public records.
7.1. Use of Data
We may use the collected data for various purposes, including:
- To provide you with services
- To notify you about changes to our services
- To provide customer support or marketing
- To gather analysis or valuable information so that we can improve our service
- To monitor the usage of our service
- To share with the following third-party vendors, including but not limited to: NextRoll, Pardot, Lever, Hotjar, Google Analytics, and Salesforce
- To detect, prevent and address technical issues
- To respond to law enforcement requests and as required by applicable law, court order, or government regulations
- To detect or prevent security risks or other illegal activities
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our Website users is among the assets transferred
- To provide you with news, special offers and general information about other services and events which we offer that are similar to those that you have already purchased or enquired about
We will not collect additional categories of Personal Information or use the Personal Information for materially different, unrelated, or incompatible purposes without providing you notice.
We may share Aggregated Information with third parties that provide services for us.
Except as otherwise provided herein, we do not sell, rent, barter, or otherwise give away user lists, users' names, email addresses, or mailing addresses so that advertisers may send you advertisements or other solicitations. You should know that when you voluntarily disclose Personal Information publicly via our services or otherwise, that information may be collected and used by others, and you may receive unsolicited communications from other people. When you share information via features offered on our services by other companies, the privacy settings of the other companies for those features govern how the information will be shared. You and your authorized users are responsible for your activities while on our Website.
7.2. Retention of Data
We may retain Usage Data for internal analysis purposes in addition to such other purposes as described herein. “Usage Data” is data collected automatically either generated by the use of the service or from the service infrastructure itself (for example, the duration of a Website visit). Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our service, or we are legally obligated to retain this data for longer periods.
8. PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION
8.1. Security Measures
In order to protect both the Personal Information and the general information that we receive from you through our Website, we have implemented various security measures, to protect your Personal Information and to limit the risk that it will be accessed without authorization, including use of certain industry standard technologies and practices. That said, we cannot guarantee the security of such Personal Information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. No security system is perfect.
If we learn of a security systems breach, then we may attempt to notify you via email, phone, or physical mail, so that you can take appropriate protective steps.
8.2. Risk of Interception
Please keep in mind, however, that whenever you give out Personal Information online there is a risk that third parties may intercept and use that information. While we strive to protect your Personal Information and privacy, we cannot guarantee the security of any information you disclose online. By using this Website, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this Website and that any Personal Information, general information, or other data or information received from you through the Website is provided to us at your own risk, which you expressly assume.
9. THIRD PARTIES
9.1. Disclosing Information to Third Parties
WHO MAY HAVE ACCESS TO YOUR INFORMATION. Other than to the third-party companies referenced in this policy or other third-parties who provide services in connection with the Website, and except as described in this policy, we do not sell, trade, or otherwise transfer your Personal Information or general information to third parties without informing you in advance.
9.2. Links to Other Sites
RELEASE OF INFORMATION. We may release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We fully cooperate with law enforcement agencies in identifying those who use our services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal data for security purposes, as described in this agreement to any person or entity under any circumstances shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this policy.
9.5. Children's Privacy
Our services are not applicable to anyone under the age of 18 ("Children"). You agree that by using the Website, neither you nor any of your authorized users are under the age of 18.
We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from children without verification of parental consent, we take steps to remove that information from our servers.
10. ACCESS TO SPECIFIC INFORMATION AND DATA PORTABILITY RIGHTS
A   Access to Specific Information and Data Portability Rights
You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you (also called a data portability request).
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
- sales, identifying the Personal Information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
B   Deletion Request Rights
You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the Personal Information, provide a product or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We do not provide these deletion rights for B2B Personal Information.
C   Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either: [email protected]brokeragere.com or write Attn: Privacy Compliance Officer, 466 Brannon St, San Francisco, CA 94107.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include:
- Your name
- Additional information depending upon the type of request and the sensitivity of the information.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
- We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we will consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account, provided the functionality is available.
We will only use Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
D   Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we may deliver our written response to that account, provided that such functionality is available. If you do not have an account with us, or the functionality is not available for your account we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request
E   Do Not Sell My Personal Information
You do not need to create an account with us to exercise your opt-out rights. We do not sell your Personal Information to third parties for marketing purposes. We will only use Personal Information provided in an opt-out request to review and comply with the request. However, you may change your mind and opt back in to usage of your Personal Information at any time. If you wish to opt-out, please contact us at our email address as set forth below. Notwithstanding the foregoing, any request to delete your Personal Information shall be subject to Section B above.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Charge you different prices or rates for products or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of products or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
11. QUESTIONS OR COMMENTS