This website application (“Application”) is operated by Elm Street Technology, LLC either directly or through one of its affiliates (individually and collectively hereinafter referred to as “Elm Street”). The Application includes both the Elm Street Website and individual websites for real estate agents and brokers (herinafter together referred to as the “Website”). When using the Website, your privacy on the Internet is of the utmost importance to us. At Elm Street, we want to make your experience online both satisfying and safe.
INFORMATION COLLECTED AND TRACKED BY ELM STREET
In general, when you visit our website, you remain anonymous. When you open an account on the Website, your Website activity may be tracked by the Application and may be viewed, accessed, and tracked by the real estate agent or broker connected to the Website you access (your “Agent” or “Broker“), and Elm Street, including, without limitation, when you log on to the Website, what you view, and information that you save, submit, transmit, or post to or from the Website (collectively, “Website Activity”); provided, however, that any “Private Notes” created by you on the Website are not accessible by your Agent or Broker. Your Agent or Broker may transmit your Website Activity to, and share such Activity with, its affiliated licensed real estate agents without your notice or permission, except for your Private Notes, and your Agent or Broker may reassign responsibility for collaborating with you through your Website account either to the Broker directly or another Agent affiliated with Broker, without prior notice to you or your consent.
OUR COMMUNICATIONS WITH YOU (TCPA Consent for United States Residents)
A. EXPRESS WRITTEN CONSENT. By using the Elm Street Application and submitting your contact information, you are providing your express written consent to receive communications from Elm Street, Elm Street Application or Real Estate Professional Users, at the email address and telephone numbers you entered into your account registration or contact form, or that you later provide to us or enter into the Elm Street Application, via live, automated or prerecorded email, text, or call.
B. E-MAILS, TEXTS, AND CALLS. These communications may include Elm Street Application updates, information about products and services, and telemarketing messages, through the use of email, landline phone, cellular phone, and text messages (including sms and mms).
C. AUTOMATION. Elm Street, Elm Street Application or Real Estate Professional Users may contact you via live, automated or prerecorded email, text, or call. Your carrier’s standard rates and charges may apply.
D. NO PURCHASE NECESSARY. Agreeing to these communications is not a condition of purchasing any property, goods, or services from us.
E. REVOKING CONSENT AND OPTING OUT. You may revoke your consent to receive communications at any time by replying “stop” to any of our texts, or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out, but reply “stop” will automatically revoke your consent to further text communications, and we recommend that method. We may take up to 30 days to stop communications if you use a method other than the automatic reply “stop.” you consent to receive a final text message confirming your opt-out. You may revoke your consent to receive email communications by using the “unsubscribe” link in an email or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out of email, but “unsubscribe” will automatically revoke your consent to further email communications, and we recommend that method. We may take up to 30 days to stop email communications if you use a method other than “unsubscribe”. The “unsubscribe” link will also permit you to stop text communications. Your consent here also serves as your express written consent to electronic communications from us in the past. You represent and warrant that you 1) are at least 18 years old; 2) live in the United States (or Canada, in which case the Canadian consents below apply); 3) have not registered on a national or statewide Do Not Call list; 4) are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent; and 5) confirm that the email addresses and phone numbers you provided are accurate.
Optional Voluntary Information
There are occasions where we may ask you to voluntarily submit additional information about yourself, such as your name, address, telephone number, and e-mail address. We may also request your credit card number and expiration date. We may request this information to register you as an account holder, manage your account, be able to better understand your needs, adjust our website to your personal preferences, enable you to order products and services via the website, enable you to participate in any message boards, and send you e-mail and postal mail newsletters and announcements, and for other similar business purposes. We give you the opportunity to elect not to receive future materials from us.
We collect tracking information and monitor traffic patterns throughout this website; however, we do not correlate this information with data about individual users unless you are a registered account holder. We do break down overall usage statistics according to a user’s domain name, browser type, and MIME type by reading this information from the browser string (information contained in every user’s browser. This information allows us to better tailor our content to users’ needs and to help our advertisers and sponsors better understand the demographics of our audience.
Other Data Collection
We may collect data from or about you in other ways not specifically described in this policy. For example, you might contact us with a question. We maintain such data like other business records. All opinions, ideas, suggestions, and other feedback submitted through our website may be used by Elm Street, without any restriction and free of charge, and nothing contained in this policy shall limit or otherwise affect this.
We may also collect non-personally identifiable information such as the type of internet browser you are using, the type of computer operating system you are using, and the domain name of the website from which you linked into our website or an advertisement.
Please note that Elm Street will fully cooperate with any court order or other legal process and will provide your personal information to the extent required in any legal proceeding.
USE OF INFORMATION AND PROTECTION OF YOUR PRIVACY
As mentioned above, Elm Street may use personal information about you and track your usage of our website to register you as an account holder, manage your account, be able to better understand your needs, adjust our website to your personal preferences, enable you to use the services provided by the website, order products and services via the website, enable you to communicate with your Agent or Broker, and send you text, e-mail and postal mail information, and for other similar business purposes. Elm Street does not disclose email addresses, phone numbers, or other personal information to any outside parties other than your Agent or Broker without your permission, unless such disclosure is necessary to comply with applicable law or valid legal process or to protect the personal safety of our users or the public. We may use third party contractors who can access our databases for the purpose of conducting repairs or upgrades to our computer system. We may also use third party service providers and give access to your personal information as part of the services they provide to us. We hold all such third parties to the same privacy standards to which we hold ourselves. We require these third parties to use and disclose your personal information only as necessary to perform their services.
We may use third party contractors who can access our databases for the purpose of conducting repairs or upgrades to our computer system. We may also use third party service providers and give access to your personal information as part of the services they provide to us. We hold all such third parties to the same privacy standards to which we hold ourselves. We require these third parties to use and disclose your personal information only as necessary to perform their services.
Consistent with the Federal Children’s Online Privacy Protection Act (COPPA), Elm Street will never knowingly request personally identifiable information from anyone under the age of 13. If we discover that a child under the age of 13 has provided us with any personally identifiable information, we will delete that information from our systems.
Elm Street operates secure data networks protected by industry standard security protocols, such as (if and where appropriate) firewalls, encryption, and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary, and only authorized individuals have access to the information provided by our users.
UNSUBSCRIBE / OPT-OUT POLICY
You may unsubscribe or opt-out of receiving electronic correspondence from us by either logging into your account to modify your preferences or following any instructions in such electronic correspondence on how to unsubscribe or opt-out from that list. The foregoing does NOT opt you out of receiving e-mail correspondence about your account.
Third Party Data Services
This website may contain links to other websites that are not under our control. Elm Street is not responsible for the content or privacy practices of those sites, and we provide the links solely for the convenience and information of our visitors.
TERMS OF SERVICE
BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE, INCLUDING THE PROVISION PROVIDING THAT ALL DISPUTES RELATING TO THE WEBSITE SHALL BE RESOLVED EXCLUSIVELY THROUGH ARBITRATION.