Telephone Consumer Protection Act (“TCPA”)
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE EMAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE. YOUR CONSENT ALSO SERVES AS YOUR EXPRESS WRITTEN CONSENT TO YOUR PAST RECEIPT OF ELECTRONIC COMMUNICATIONS FROM US. YOU FURTHER REPRESENT AND WARRANT THAT: (I) YOU ARE AT LEAST 18 YEARS OLD; (II) YOU LIVE IN THE UNITED STATES (OR CANADA, IN SUCH CASE, THE CANADIAN CONSENTS BELOW SHALL APPLY); (III) YOU HAVE NOT REGISTERED ON A NATIONAL OR STATEWIDE DO NOT CALL LIST; (IV) YOU ARE THE ACCOUNT HOLDER OF, OR HAVE THE REQUIRED CONSENT TO PROVIDE, THE PHONE NUMBERS AND EMAIL ADDRESSES PROVIDED; (V) THE PHONE NUMBERS AND EMAIL ADDRESSES PROVIDED ARE ACCURATE AND YOU WILL PROVIDE US NOTICE IF YOU RELEASE THEM TO ANOTHER.
COMMUNICATIONS INCLUDE. THESE COMMUNICATIONS MAY INCLUDE, WITHOUT LIMITATION, TELEMARKETING MESSAGES, THROUGH THE USE OF EMAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, TEXT MESSAGES (INCLUDING SMS AND MMS), AND NOTIFICATIONS THROUGH ANY APP THAT WE PRODUCE.
AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.
REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE CERTAIN COMMUNICATIONS AT ANY TIME. TO STOP RECEIVING TEXT MESSAGES REPLY “STOP” TO ANY OF OUR TEXTS. TO STOP RECEIVING EMAILS CLICK THE “UNSUBSCRIBE” LINK WHEN PROVIDED, OR REPLY “UNSUBSCRIBE” TO THE EMAIL WHEN AN AUTOMATED UNSUBSCRIBE LINK IS NOT AVAILABLE. TO STOP RECEIVING PHONE CALLS, COMMUNICATE THAT REQUEST TO US VIA PHONE, TEXT MESSAGE OR EMAIL. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT. BY CONTACTING US TO OPT-OUT OF A CERTAIN COMMUNICATION, YOU CONSENT TO RECEIVE A FINAL COMMUNICATION CONFIRMING YOUR OPT-OUT.
COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL SALESPERSON OR Realtors WHO COMMUNICATES WITH YOU WILL DETERMINE IT.
“Personally Identifiable Information”
Refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, email address, financial profiles, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.
What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: the names, addresses, phone numbers and email addresses of Authorized Customers.
What organizations are collecting the information?
In addition to our direct collection of information, our third party service vendors (such as mortgage lenders, insurance brokers, and title companies) who may provide such services as mortgage lending, mortgage insurance, escrow services and title insurance may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them from Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information given to them.
How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill buying and selling requests on the Site. We may email Visitors and Authorized Customers about research or purchase and selling opportunities on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.
With whom may the information may be shared?
Personally Identifiable Information pertaining to Authorized Customers and other non-personally identifiable information will be shared with our employees and with third party service providers who assist us with our Site operations or other services we may offer. Personally Identifiable Information about Authorized may be shared with other Authorized Customers and other providers of real estate-related services, such as mortgage lenders, that we work with, who wish to evaluate potential transactions with other Authorized Customers and/or us. Further, we may share aggregated information about our Visitors, including the demographics of our Visitors and Authorized Customers, with our affiliated agencies and third party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf. Our employees, agents, third party service providers and partners are contractually bound to use Personally Identifiable Information solely in connection with providing the Services, and may not use it for any other purpose.
We may disclose information provided by Visitors as part of any merger, sale, acquisition, or financing of our company. Furthermore, in some instances, we may be legally required to provide information about Visitors to government authorities, including law enforcement, homeland security, and intelligence agencies. We cooperate with law enforcement in identifying persons using our Services for illegal activities and reserve the right to report any activities that we believe to be unlawful or in violation of our Terms and Conditions.
How is Personally Identifiable Information stored?
Personally Identifiable Information collected by Coldwell Banker West is securely stored in accordance with current industry standards and is not accessible to third parties or employees of Coldwell Banker West except for use as indicated above.
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from or being contacted by us and/or our vendors and affiliated agencies by responding to emails as instructed, or by contacting us at:
Coldwell Banker West
9555 Grossmont Center Dr.
La Mesa, CA 91941
Contact Email: email@example.com
Are Cookies Used on the Site?
How does Coldwell Banker West use login information?
Coldwell Banker West uses login information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.
What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
How does the Site keep Personally Identifiable Information secure?
All of our employees are familiar with our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees who are given a password in order to gain access to the information. We audit our security systems and processes on a regular basis. Sensitive information is protected by encryption protocols, in place to protect information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering and break-ins, and we cannot guarantee or warrant that such events will not take place and we will not be liable to Visitors or Authorized Customers for any such occurrences.
How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information about them or to correct any inaccuracies by emailing us at firstname.lastname@example.org We encourage Visitors and Authorized Customers to keep Personally Identifiable Information up to date at all times. With that said, changes and updates to Personally Identifiable Information will only be reflected going forward and we cannot alter any information we may have provided to a third party
Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?
California Users’ Rights
We provide the following disclosures pursuant to Cal. Bus. & Prof. Code § 22575.
We provide Visitors and Authorized Customers, including those claiming California residency, with information on how to exercise their respective disclosure options and choices pertaining to Personally Identifiable Information, such as the right to opt-out or unsubscribe, or opt-in for use of Personally Identifiable Information by third parties for marketing purposes. Accordingly, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that have received Personally Identifiable Information for marketing purposes during the preceding year.
California residents wishing to request information about how to exercise their disclosure options and choices pertaining to third party disclosures, please send request by mail to “Request for California Disclosure Choices” at the mailing address provided above. With all request, please include your name, street address, city, state, zip code and e-mail address. We do not accept requests via telephone or fax. We are not responsible for failure to respond to incomplete, incorrectly labeled or submitted notices.
We do not obey Do Not Track signals from a user’s Internet browser. We make no representations concerning third parties that do not collect Personally Identifiable Information directly through our Site.
Our Site is not intended for use by minors and as such, no one under the age of 13 should use, or provide any personal information to, our Site. If we discover that we have mistakenly collected personal information from a child under the age of 13, we will delete that information as soon as possible.
The Site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites as their privacy policies may differ from ours.