ZestMLS TAKES MATTERS OF PRIVACY AND INFORMATION
(some of which affiliates are listed here), is referred to as, “ZestMLS”, “we”, “us” and “our.” “Consumer” (or “consumer”) shall have its ordinary meaning but generally includes any visitor to or user of the Sites other than Professionals. We use the Sites to provide you with information, resources, tools, products and services specific to the real estate industry and related markets, and to provide you with information about us and our advertisers, and our respective products and services.
What Information is Collected About Me?
Information from Cookies: Cookies are small files that we or others send to and store on or with your computer so that your computer, browser, mobile app or other application can be recognized as unique the next time you access, visit, use or otherwise take advantage of the Sites or other media. Cookies may also reflect demographic data pertaining to you or other data linked to information you submit. One use or consequence of cookies is to enable you to receive customized ads, alerts, content, services or information. You are always free to decline any cookies we use by adjusting the settings of your browser, as your browser may permit; however, some products, services or features might not be available or operate properly if cookies are not enabled. Some of our advertisers and third-party service providers may also utilize their own cookies. You may be able to opt-out of thirdparty cookies, or learn more, by going to
http://www.networkadvertising.org/managing/opt_out.asp. In addition, we, our service providers and others sometimes use data-gathering mechanisms on the Sites, including without limitation “web beacons”, “clear GIFs” and/or “tags”. These perform statistical and administrative functions, such as ascertaining and measuring site and page traffic, verifying advertising paths, better understanding user interests and activity, gathering related information (such as information relating to a particular browser, device or I.P. address) and positioning images, and typically do so without detracting from your online experience. Such mechanisms are not necessarily designed to collect Personal Information. In addition, if you have provided your email address, we might use a non-human unreadable form (or “hash”) of your email address to deliver, or facilitate delivery of, relevant advertisements and information to you on or by way of the Sites or on or by way of other websites or media, including, for example, popular social media sites and features.
Information Sharing Disclosure – How Is Information About Me Used and Shared?
The use of information about you depends on the context in which it is collected. Therefore, pay special attention to the categories below that relate to the features of the Sites that you wish to utilize.
We may share the Personal Information we collect from you with your consent or under the following circumstances or understandings.
User-Requested Services and Information: Certain features, products or services on or of our Sites may seek or obtain Personal Information from or about you, which may be used in the following ways:
• We may use other companies and individuals (1) to perform supporting functions for the various tools, functionality, information, products and services offered through our Sites on our behalf, (2) to perform or support various tasks or initiatives instrumental to the business of, or related to operating or improving, the Sites or (3) to assist us in testing, maintaining or improving the features, content or effectiveness of the Sites or in performing research or development. These service providers may be permitted to receive from us and use information collected from you but will not be authorized by us to use Personal Information for any other purpose other than in connection with performing the support functions for ZestMLS or such other tasks, initiatives or assistance for or expressly permitted by ZestMLS.
• For information, features, products and services marketed or offered to you jointly or on a coordinated basis by us and a third party, Personal Information may be shared with or independently gathered by the third party. In these situations, ZestMLS will be free to use Personal Information to facilitate such information, features, products and services (or information about them)
User-Initiated Communication: From time to time, portions of the Sites may enable you to send email and other types of messages to us or to third parties and to participate in bulletin boards and discussion groups. All such emails and messages, and all such postings to bulletin boards and discussion groups, become our property once you submit them. Your computer’s Internet Protocol (IP) address may be included in any email that you send, whether to us or to third parties. Whenever you choose to initiate these kinds of communication with us, or anyone else, you may be contacted in return. Also, remember that our bulletin boards and discussion groups are open to the public, and, therefore, your postings can be seen by anyone and are not protected by us or any other entity. Please use your own discretion when deciding whether and what to post and whom to contact. We reserve the right, in our sole discretion, to edit or delete postings from our bulletin boards and discussion groups. This reservation of rights shall not under any circumstances obligate us to conduct such edits or deletions, nor shall it cause us to be liable for any such edits or deletions.
Leads and Referrals. If you participate in or inquire about any lead, referral or similar service we may offer:
• We may use the information you submit, as well as other data we might have or obtain ourselves or from other sources (for example, based on or related to such information), to determine which of our participating Professional(s) may be willing, able and/or compatible to serve your needs or possible interests and to assist them or others in doing so. We may forward or share information relating to you, which may include such information as well as Personal Information obtained through our sign-up form or otherwise, to certain Professional(s), which may sometimes include multiple Professionals (such as in cases where a given Professional has a marketing or business relationship with one or more other Professionals and designates them to receive such information, or in cases where the nature of a product, service or feature offered on or through a Site is designed to involve participation by multiple Professionals). Those Professionals or their affiliates, contractors, advertisers, agents or other designees may use such information and contact you regarding your needs or possible interests, as may we ourselves. The following paragraph applies only to Professionals; others may not infer any commitments or assurances from such following paragraph.
Asset transfers: We continue to develop our business and in doing so might choose to buy or sell, or expand or otherwise restructure (e.g., by way of joint ventures) with respect to, businesses or assets. Personal Information and other information we collect from you is generally one of the assets acquired, transferred otherwise shared or affected in connection with such transactions.
Registration Information: The Personal Information you provide when you become a registered user or customer of one of the Sites is used primarily to help us customize or enhance your or others’ online experience, increase the convenience of accessing new or existing tools, products and services, and, if applicable, provide the information, features, products and/or services you purchase or request. This Personal Information may also be shared among the Sites to make use of the Sites more convenient by, for example, limiting the number of times you have to register with us. Your email address serves as a unique identifier in our record system, and together with your password is designed to help us prevent unauthorized access to information you choose to store on the Sites. The data you give us about your personal preferences and demographics (e.g., your age, ZIP code, occupation or the like), as well as the Personal Information and other information we might have or obtain ourselves or from other sources (for example, based on or related to such data), may be used to help us offer content, advertisements, products, and services that we believe will be of interest to you. In addition, we may share this information, in aggregate or other protected form (see “Information You Give Us,” above) or under confidentiality terms, with our current and potential advertisers and service providers so that they, or we, can present and deliver advertisements more effectively. If you forget your password for any registered area of the Sites, we have an automated password recovery system, which can be accessed by clicking on the “Forgot Password?” link on the sign-in page.
• Consumers: Unless you specify that you would prefer not to hear from us, we may use the email address and other information (including Personal Information) you provide at the time of registration to contact you for promotional or other purposes. You may have promotional email communications terminated at any time by opting out through your member profile on the applicable Site, or by clicking on any “unsubscribe” link contained in a promotional email. Please be aware that opting out on one of our Sites, does not opt you out from any of our other Sites unless that option is specifically provided. If you would like to request to opt out with respect to all of the Sites please email firstname.lastname@example.org with your requests. The following paragraph applies only to Professionals; others may not infer any commitments or assurances from such following paragraph.
• Professionals: This paragraph applies only to Professionals, but does not apply to a Professional to the extent modified in a separate written agreement signed by an authorized officer of ZestMLS, which agreements may be entered into by ZestMLS in
its sole discretion and without notice to others. We may offer a newsletter, electronic flyer or similar material to keep
National Association of REALTORS® (“NAR”). We may also share Personal Information and other information with the NAR and its affiliates in connection with business, advocacy and real estate related matters of interest to ZestMLS, the NAR or both, who may use such information to contact you or otherwise with respect to such matters.
Careers. If you submit an application for employment on our Careers page, we will use the information you provide about yourself to process your application. We may also use such information for Move’s recruitment, management and planning programs. Your provision of information to us is voluntary; however, if you fail to provide sufficient information, ZestMLS may reject or decline to consider your application. We may also obtain information about you from your references, a background check (as permitted by applicable law) or through automated means based on your use of our Sites. We may share information about you with our affiliates and with third-party service providers in connection with human resources functions (including technical support.)
Special Messaging Consent. By submitting a request or inquiry about (or a request or inquiry for information about), or a request or authorization to be contacted about, real estate-, moving-, neighborhood-, mortgage-, credit-, care- or home-related products, services, offerings, procedures, details or matters you are providing to ZestMLS associated advertisers, lead customers (e.g., lead or referral service customers), subscribers and Professionals (each, a “Provider”), and to ZestMLS, your consent to be contacted for marketing, informational and related purposes in connection with such request, authorization or inquiry by one or more Providers and by ZestMLS by telephone device (including, but not limited to, being contacted on a recorded line and potentially by use of automated dialing systems and artificial or prerecorded voice messaging), email, mail or otherwise, based on the phone number, email address and/or other data you have provided. This consent applies even if your phone number, email address or other data is on a corporate, federal, State, local or other do-not-contact type of list or directory (such as the U.S. National Do Not Call Registry). You are not required to consent to receiving autodialer calls, or to otherwise provide this consent, as a condition of purchasing any products or services from Providers or ZestMLS. You agree that your submitted request, authorization or inquiry (as described above) acts as your electronic signature for this consent. You acknowledge that for text, SMS, calls and other electronic messages that message and data rates (for example, from your network provider) may apply.
Children’s Privacy: Our Sites are general audience websites and media. If you are under the age of 21 you should not register or provide information on our Sites. We do not collect Personal
Information from any person we actually know is a child under the age of 21. If you have knowledge that a child under the age of 21 has submitted Personal Information to us, please email email@example.com.
How Can I Access and Change Personal Information?
To view, edit or delete the Personal Information that you submitted on the Sites during registration or during the purchase of a product or service, or that you otherwise submitted as described above:
• Consumers: Follow the instructions found in the “My Profile” or “Edit Your Profile” area of the Site(s) where you registered or submitted Personal Information. If you would like us to no longer use or share with our affiliates, partners or other service providers, Personal Information we may gather from you to market information to you, please send a request to firstname.lastname@example.org. The following paragraph applies only to Professionals; others may not infer any commitments or assurances from such following paragraph.
• Professionals: Professionals may edit Personal Information the Professional has submitted by returning to the area of the Site where the Professional registered and modifying the information there, or by calling our Customer Care Center at (800) 878-4166. By contacting Customer Care to make such changes,
Professionals expressly authorize Customer Care to access Personal Information and any associated data or accounts for the purposes of completing the Professional’s requested edits, modifications and/or deletions. This paragraph applies only to Professionals, but does not apply to a Professional to the extent modified in a separate written agreement signed by an authorized officer of zestmls, which agreements may be entered into by zestmls in its sole discretion and without notice to others. Any change you request regarding Personal Information may adversely affect or otherwise change the availability, deliverability or quality for you of information, features, products or services in which you are interested or your experience on or relating to the Sites.
How Is Personal Information Protected?
We engage third-party advertising networks to help us target our messaging to visitors through interest-based and contextual means. Through these ad networks, we can track your online activities over time and across third-party websites and apps by obtaining information through automated means, as described above. This is sometimes called "interest-based", or "online behavioral", advertising. The networks use this information to show you advertisements on our Services or other third-party websites and apps that may be tailored to your individual interests. The information our ad networks may obtain on our behalf includes data about your visits to websites and use of apps that serve our advertisements, such as the pages or ads you view and the actions you take on those websites or apps. This data collection takes place both on our sites, apps and emails and on thirdparty websites and apps that participate in these ad networks. This process also helps us track the effectiveness of our marketing efforts. To learn how to opt out of this ad network interest-based advertising, click
here: http://www.aboutads.info/choices or here: http://www.networkad vertising.org/choices/ in the US.
To the extent required by applicable law, we will obtain your consent before using your information for interest-based advertising.
Effective Date and Modifications
1777 Reisterstown road suite 112 Pikesville MD 21208 Email: email@example.com