Please note the arbitration provision set forth below, requiring you to arbitrate any claims you may have against us on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
Types of Personal information We Collect
Identifiers, which may include name, address, online identifier or username, Internet Protocol address, email address, telephone number, or account name. These are sourced directly from you or indirectly from you (e.g., from observing your actions on the Sites). They are used to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, for marketing, to respond to an inquiry, for product and service improvement, or to fulfill or process a transaction or match. For example, when you create an account, you provide your first and last name, email address, and other identifying information. We disclose this information for business purposes to internet service providers, administrative service providers, and customer care, analytics and advertising providers.
Personal information categories contained in customer records, which may include name, address, telephone number, and information regarding your real estate property, such as number of bedrooms and bathrooms, square footage, amenities, and other real estate property characteristics. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, for marketing, to respond to an inquiry, or to fulfill or process a transaction or match. We disclose this information for business purposes to internet service providers, administrative service providers, and customer care, analytics and advertising providers.
Commercial information, which may include records of services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. We source this information directly from you. We use this information to fulfill or meet the reason you provided the information, to contact you in relation to our Sites, and to respond to an inquiry or to fulfill or process a transaction or match. For example, we keep track of your matches to create a match history. We disclose this information for business purposes to internet service providers, administrative service providers, and customer care, analytics and advertising providers.
Internet, technical or other similar network activity, which may include usage and browsing history; device information, including device properties; signal information, such as bluetooth and WiFi access points; network connection information, such as time zone; search history; information on your interaction with our Sites; and error logs. We source this information directly or indirectly from you (e.g., from observing your actions on our Sites). We use this information to fulfill or meet the reason you provided the information, or to improve our Sites. We disclose this information for business purposes to administrative service providers, data analytics providers, and internet service providers. See below in the “Cookies, Web Beacons, and Similar Technologies & Third-Party Advertising” section for more information on the types of information we collect, how it is used, and how to opt-out.
Geolocation data, which may include physical location or movements. We source this information directly from you when you approve geolocation tracking on your settings. We use this information to fulfill or meet the reason you provided the information, or to improve our Sites. We disclose this information for business purposes to internet service providers.
Inferences drawn from other personal information, which may include a profile reflecting a person’s preferences, interests, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We source this information directly or indirectly from you, (e.g., from observing your actions on our Sites). We use this information to fulfill or meet the reason you provided the information. We disclose this information to administrative service providers and data analytics providers.
Cookies, Web Beacons, and Similar Technologies & Third-Party Advertising
Facebook Analytics. We use Facebook Analytics to measure your use of our Sites, tailor our Sites to your interests, and improve our products and services. Please note, Facebook can connect this data with your Facebook account and use it for its own advertising purposes, in accordance with Facebook’s Data Policy which can be found at Facebook.com/about/privacy/. Please click here if you would like to withdraw your consent.
Collection and Use of Information from Children Under the Age of 13
The Sites are not intended for use by persons under the age of 13. We do not knowingly collect information from visitors under the age of 13 and, in the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information.
How We Protect Information
Risks inherent in sharing information. Please be aware that no security measures are perfect or impenetrable. We cannot guarantee that only authorized persons will view your information. We cannot ensure that information you share on the Sites, including personal information, will not become publicly available. We are not responsible for third party circumvention of any privacy settings or security measures on the Sites or that we use or have implemented.
Public Posting Areas. Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
You can reduce these risks by using common sense security practices such as choosing a strong password, using different passwords for different services, and using up to date antivirus software.
You understand that the Sites and your data may be compromised. While the Sites use industry standard systems to support the Sites, like any technology, the Sites may fail to function, become inoperative or inaccessible, produce errors, or lose, compromise, corrupt or inaccurately report data. We make no warranties with respect to the Sites or its performance or security.
You understand that the Sites may experience a security intrusion or data breach. As above, while the Sites use industry standard systems to secure the Sites and your data, like any technology, the Sites may experience a security intrusion or data breach. If we learn of a data security systems breach we may attempt to notify you electronically regarding security, privacy, and administrative issues relating to your use of the Sites. We may post a notice on the Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us. Depending on where you live, you may have a legal right to receive written notice of a data privacy or security breach.
How We Share and Use Your Information
We may utilize information that does not personally identify you in order to personalize the Sites for our users. We do not sell or share your personal information with advertisers or with third parties for their direct marketing purposes.
To generate market research. We do not sell or share your personal information. However, we may use information that is not personally identifying (so long as it has been disconnected from your unique personal information) without limitations or restrictions, for any purpose, even after you delete your account. These purposes may include, among others, producing market research reports or providing dashboard database access for third party market research.
To work with our service providers. We may share your information with service providers who are working with us in connection with the operation of the Sites. These service providers may have access to your private and public personal information only to perform services on our behalf and will be obligated not to disclose it or use it for any other purposes.
To contact you. We may contact you with service-related announcements, marketing communications, promotions and other information. We may include personal information and content you see on the Sites in the communications we send to you.
Where necessary for operational maintenance. We may use information about you for any other purpose that we determine in our reasonable discretion is necessary or appropriate in connection with the operation of the Sites, including maintaining, termination or transferring accounts, enabling or restricting access to accounts or ensuring compliance with our policies or applicable legal requirements. We will share your information with third parties when we believe the sharing is permitted by you or is reasonably necessary in connection with the operation of the Sites or when legally required to do so.
Rights to Content
How You Can Change or Remove Information
Your California Privacy Rights
If you are a California resident, you may be entitled to the below rights:
the right to know. You may request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the sale or disclosure for business purposes of your personal information to third parties, and the categories of third parties with whom this information was shared. You may also request a copy of the personal information we have collected, and upon request, we will provide this information to you in electronic form;
the right to opt out of the sale of your personal information to third parties. We do not sell your personal information at this time, and we do not sell the personal information of children under 16 years old;
the right to request deletion of your personal information, subject to certain legal exceptions; and
the right to not be discriminated against for exercising any of the rights mentioned above. This includes not being discriminated against for financial incentives, which we may offer from time to time. The terms of the financial incentive will be provided at the time you sign up for the financial incentive. You may withdraw from any of the financial incentives. We have calculated the value of the financial incentive by using the expense related to the offer, and the value of your data is the value of the offer presented to you.
You can exercise your rights by contacting us using the details set out in the “Contact Us” section below. If we cannot verify your identity from the information already maintained by us, we may request additional information. You may designate an authorized agent to make a request on your behalf. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.
How We Respond To Do Not Track Signals
The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers allowing you to opt-out of tracking by websites and online services. At this time, global standard DNT technology is not yet finalized and not all browsers support DNT. We therefore do not recognize DNT signals and do not respond to them.
Choice of Law and Arbitration
Us, at email@example.com, or
You, at the address we have on file for you.
Both you and Off Market agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, as amended by this agreement to arbitrate, before one arbitrator to be mutually agreed upon by both parties. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances; provided, however, that, upon request by you, JAMS may hold an in-person hearing in your hometown area.
Accessing Our Sites From Outside Of The United States
You should contact us if you have any questions, would like further information on our privacy practices, to exercise any of the rights listed above, or to report any security violations at firstname.lastname@example.org.