1. Collecting Information
When you visit our consumer applications or purchase and/or sell real estate with Berkshire Hathaway HomeServices Florida Realty, we may collect information about you that you share with us. We typically collect two kinds of information about you through our applications and real estate services: (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 is any information that does not personally identify you (“Non-PII”). 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.
2. How We Use & Share Information Collected
a. Personal Information: We primarily use the identification information you voluntarily share with us to:
• Customize your online and/or real estate transaction experiences and to carry out your online requests;
• Tell you about our products, services and other offerings; • Contact you for a variety of reasons, such as providing you promotional or marketing information for our products or those of our affiliated companies;
• Communicate with you about your real estate transaction;
• 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;
• On occasion, we use your identification information to validate your identity;
• Help analyze site traffic, understand customer needs and trends;
• Carry out targeted promotional activities;
• Improve our services and offerings.
3. 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 7. We may require that you verify your identity before we process your request.
4. Processing Location
We process your personal information in the United States. For users located outside of the United States, please see Sections 10 and 11 titled International Users and European Union Residents and General Data Protection Regulation Information for more detailed information.
5. Anti-Fraud Disclosure
Electronic communications such as email, text messages and social media messaging, are neither secure nor confidential. While Berkshire Hathaway HomeServices Florida Realty has adopted policies and procedures to aid in avoiding fraud, even the best security protections can still be bypassed by unauthorized parties. Berkshire Hathaway HomeServices Florida Realty 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 BERKSHIRE HATHAWAY HOMESERVICES FLORIDA REALTY or its affiliates, 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 Berkshire Hathaway HomeServices Florida Realty, are likely part of a scheme to defraud you by stealing funds from you or using your identity to commit a crime. To notify Berkshire Hathaway HomeServices Florida Realty of suspected fraud related to your real estate transaction, send an email to email@example.com.
7. Contacting & Opt-Out Information
8. Effective Date and Contact Information:
9. California Privacy Rights
Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties [including affiliates that are separate legal entities] during the immediately preceding calendar year for the third parties’ direct marketing purposes and (2) the names and addresses of all such third parties. To request the above information please contact us by writing to firstname.lastname@example.org.
10. International Users
11. European Union Residents and General Data Protection Regulation Information
None of our applications and/or real estate services are targeted towards, directed to or intended as solicitations to consumers in the European Economic Area In the event that the General Data Protection Regulation “GDPR” (a privacy law applicable to consumers residing in the European Economic Area) is applicable to a specific transaction and/or a specific consumer, any such consumer has the below rights.
(a) Right of access. You have the right to obtain from us confirmation as to whether or not Personal Information concerning you is processed, and, to request access to the Personal Information.
(b) Right to correct or update. You have the right to correct or update inaccurate Personal Information about you.
(c) Right to restrict processing. Under certain circumstances, you have the right to restrict the processing of your Personal Information. In such instances, your Personal Information may only be processed by us for limited purposes.
(d) Right to object. Under certain circumstances, you have the right to object to the use or processing of your Personal Information where we no longer have a legitimate or legal need to process it; to object to your Personal Information being processed for direct marketing purposes; and object to automated decision making (including profiling) where the decision would have a legal or similarly significant impact on you.
(e) Right to data portability. Under certain circumstances, you have a right to receive a copy of your Personal Information, which you have provided to us, in a machine-readable format and the right to transmit that Personal Information for use in another party’s service.
(f) Right to be forgotten. Under certain circumstances, you have the right to request that your Personal Information be erased. Some Personal Information may be in backup archives and/or must be retained for legal or compliance reasons.
To make any of these requests, please follow the instructions outlined in Section 7. We may require that you verify your identity to the exercise of any of these rights. Under certain circumstances, and in the event of a data breach involving your Personal Information that is likely to result in a risk to your rights and freedoms, we are required to notify the applicable supervisory authority within 72 hours after becoming aware of such a breach.
If you have been referred to our Company by a third party corporate client or a relocation services company, our Company is acting as a “Data Processor” under the direction of such corporate client or relocation services company, which are deemed “Data Controllers” under GDPR. The Data Controller is responsible for telling our company how your Personal Information should be used or processed in those specific transactions.