1.SCOPE OF OUR PRIVACY NOTICE
This privacy notice applies to our collection, use disclosure and other processing of personal information related to:
- The use of our Sites or Services that display or link to this Policy
- Former, current and prospective clients, brokers, independent agents, and consumers
- Other individuals who use our Sites or Services, whose personal information we received related to the Sites and Services
All collection, use, disclosure, and processing of personal information by BHHS Adirondack Premier Properties about individuals will vary depending upon use of our Sites and Services. This policy is intended to provide our general practices and procedures. In some cases, different or additional notices about our data collection and processing may be provided and apply to certain personal information.
2. COLLECTING INFORMATION
When you visit our consumer applications or purchase and/or sell real estate with BHHS Adirondack Premier Properties, we may collect information about you that you share with us. We typically collect two kinds of information about you through our applications: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you, which we automatically collect when you visit our applications or that you provide to us.
a. Personally Identifiable Information: This identification information may include, but is not limited to, your name, physical address, email address, telephone, mobile and fax numbers, details of your real estate, lending, title and insurance needs and references, and other details of your life (“Personal Information”).
b. Non-Personally Identifiable Information: Our definition of non-personally identifiable information (“Non-PII”) is any information that does not personally identify you. Non-PII can include certain personally identifiable information that has been de-identified; that is, information that has been rendered anonymous by a de-identification process. We obtain Non-PII about you from information that you affirmatively provide to us, either separately or together with your personally identifiable information. We also automatically collect certain Non-PII from you when you access any applications. This information can include, among other things, IP addresses, the type of browser you are using, the third-party website from which your visit originated, the operating system you are using, the domain name of your Internet service provider, the search terms you use on our applications, the specific web pages you visit, the duration and frequency of your visits, and location information.
You can manage how your preferences regarding third party ad company cookies set by this Site or Service by reading the cookie discussion above.
Please also see the cookie discussion above for information about the third parties we may work with to display targeted ads on third-party sites and to measure the success of our marketing and campaigns. You may also obtain more information about targeted or “interest-based advertising” and opt-out of many ad networks at the industry websites below:
– Canada: www.youradchoices.ca
– EU: www.youronlinechoices.eu
– U.S.: www.aboutads.info
3. BASIS FOR PROCESSING OF PERSONAL INFORMATION
Certain laws, including the EU General Data Protection Regulation (“GDPR”), requires that we inform applicable individuals of the legal basis for our use and other processing of personal information. We process personal information for the follow bases:
– Performance of contract: as necessary to enter into or carry out the performance of our contract
– Compliance with laws: for compliance with legal obligations and/or defense against legal claims, including those in the area of labor and employment law, social security, and data protection, tax, and corporate compliance laws.
– Our legitimate interests: in furtherance of our legitimate business interests including:
- Performance of contracts with our franchisees and other parties
- Implementation and operation of global support (e.g., IT) services for our business operations
- Customer relationship management and improving our services, including marketing and analytics
- Fraud prevention, including misuse of company IT systems or money laundering
- Physical, IT, and network perimeter security
- Internal investigations
- Mergers, acquisitions, and reorganization, and other business transactions
– With your consent: where we have your consent (the GDPR (where it applies)) and other applicable laws give you the right to withdraw your consent, which you can do this at any time by contacting us using the details at the end of this privacy notice. In some jurisdictions, your use of the Services may be taken as implied consent to the collection and processing of personal information as outlined in this privacy notice.
In addition, we may process your personal information where necessary to protect the vital interests of any individual.
4. HOW WE USE & SHARE INFORMATION COLLECTED
a. Personal Information: We primarily use the identification information you voluntarily share with us to:
a. Customize your online and/or real estate transaction experiences and to carry out your online requests;
b. Tell you about our products, services and other offerings;
c. Contact you for a variety of reasons, such as providing you promotional or marketing information for our products or those of our affiliated companies;
d. Put you in contact with one of our real estate broker franchisees so that they may provide you with information about properties for sale or rent;
e. In certain instances, we may also share your personally identifiable information with our third-party vendors and marketing partners that, among other activities: perform functions on our behalf (or on behalf of our affiliated companies); administer our offerings; provide us marketing or promotional assistance; analyze our data; assist us with customer service; and offer other services and products that may be relevant to the purchase or sale of real estate. Our vendors agree to use this information, and we share information with them, only to carry out our requests;
f. On occasion, we use your identification information to validate your identity;
g. As for usage tracking data, we primarily use that information to operate and improve our consumer applications, and to further our marketing efforts.
b. Non-PII: We use Non-PII in a variety of ways, including to:
– Help analyze site traffic, understand customer needs and trends;
– Carry out targeted promotional activities;
– Improve our services and offerings.
We may use your Non-PII by itself or aggregate it with information we have obtained from others. We may share your Non-PII with our affiliated companies and third parties to achieve these objectives and others, but remember that aggregate information is anonymous information that does not personally identify any individual, device, or household.
5. UPDATING INFORMATION
If you would like to review the information about you that we have collected through our consumer applications, or to change that information, you can make that request by following the procedure indicated below in Section 10. We may require that you verify your identity before we process your request.
6. PROCESSING LOCATION
We process your personal information in the United States. For users located outside of the United States, please see Sections 16 European Union / European Economic Area for more detailed information.
7. ANTI-FRAUD DISCLOSURE
Electronic communications such as email, text messages and social media messaging, are neither secure nor confidential. While BHHS Adirondack Premier Properties has adopted policies and procedures to aid in avoiding fraud, even the best security protections can still be bypassed by unauthorized parties. BHHS Adirondack Premier Properties will never send you any electronic communication with instructions to transfer funds or to provide nonpublic personal information, such as credit card or debit numbers or bank account and/or routing numbers.
YOU SHOULD NEVER TRANSMIT NONPUBLIC PERSONAL INFORMATION, SUCH AS CREDIT OR DEBIT CARD NUMBERS OR BANK ACCOUNT OR ROUTING NUMBERS, BY EMAIL OR OTHER UNSECURED ELECTRONIC COMMUNICATION. EMAILS ATTEMPTING TO INDUCE FRAUDULENT WIRE TRANSFERS ARE COMMON AND MAY APPEAR TO COME FROM A TRUSTED SOURCE.
If you receive any electronic communication directing you to transfer funds or provide nonpublic personal information, EVEN IF THAT ELECTRONIC COMMUNICATION APPEARS TO BE FROM BHHS Adirondack Premier Properties, do not respond to it and immediately contact your real estate agent or title closer. Such requests, even if they may otherwise appear to be from BHHS Adirondack Premier Properties, are likely part of a scheme to defraud you by stealing funds from you or using your identity to commit a crime.
8. DATA RETENTION
We will retain your personal information for the period necessary to fulfill the purposes outlined in this privacy notice unless a longer retention period is required or permitted by law. We may retain personal information for longer where required by our legal and regulatory obligations, professional indemnity obligations, or where we believe it is necessary to establish, defend or protect our legal rights and interests or those of others. With respect to the data and files we handle as a processor, we retain this personal information in accordance with our clients’ instructions.
9. RIGHTS AND “OPT-OUT”
Marketing. You may opt out from receiving marketing-related communications from us on a going-forward basis by contacting us or by using the unsubscribe mechanism contained in each email. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.
Cookies and similar technologies. Please review your browser or device settings for certain cookies and see above to exercise certain choices regarding cookies.
Access, amendment and deletion. Under applicable privacy laws, you may have the right to request to review, make amendments, have deleted or otherwise exercise your rights over your personal information that we hold, subject to certain legal limitations and requirements.
We follow applicable law to take steps to keep your personal information accurate, complete and up-to-date. In your request that is covered by an applicable privacy law, please make clear what personal information you would like to have changed, whether you would like to have your personal information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personal information. We may only implement requests (a) where required by applicable law and (b) with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.
The Services are not intended or directed to children under the age of 18, and we do not knowingly collect any personal information, or knowingly track the use of our Services, from children. If we have actual knowledge that personal information about a child under 18 years old has been collected, then we will take appropriate steps to try and delete such personal information.
11. THIRD-PARTY WEBSITES
The Services may contain links that connect your information to a third party website i.e. e-mailing list. With these websites we are provided with analytics that we can research and use to provide enhancements to better serve the consumer.