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Privacy Policy

Privacy Policy

Effective: January 1, 2024

Coldwell Banker Real Estate LLC (“Coldwell Banker”) and our affiliate and subsidiary companies (such as Anywhere Real Estate Inc., Guaranteed Rate Affinity LLC, Anywhere Integrated Services LLC, Anywhere Advisors LLC, Anywhere Insurance Agency, and Anywhere Leads Inc.) (collectively, “Coldwell Banker” “we,” “our,” or “us”) are committed to privacy and to transparency in our information practices. This Privacy Notice describes how we collect, use, disclose, and otherwise process the personal information described in this Privacy Notice, as well as the rights and choices individuals have regarding such personal information. This Privacy Notice applies to the extent we process personal data on our own behalf, as a controller or business.

If you are a California resident, please be sure to review Section 17B. California Residents for important information about the categories of personal information we collect and disclose as well as your rights under California privacy laws, including your right to opt out of sales and sharing of personal information.

  1. SCOPE OF THIS PRIVACY NOTICE

This Privacy Notice applies to our collection, use, disclosure, and other processing of personal information related to:

  • Our websites (each, a “Website”) and mobile applications (each, an “App”) that display or link to this Privacy Notice and our other services, products, and technology solutions (collectively, the “Services”).
  • Former, current, and prospective clients, brokers, independent agents, real estate professionals, and customers.
  • Other individuals who use our Services, whose personal information we receive related to the Services, or who otherwise interact or communicate with us related to our Services or our business.

Our collection, use, disclosure, and processing of personal information about individuals will vary depending upon the circumstances. This Privacy Notice is intended to describe our overall privacy and data protection practices.

Not covered by this Privacy Notice. This Privacy Notice does not apply to our employees and non-employee workers.

Additional privacy notices. In some cases, different or additional notices about our data collection and processing practices may be provided and apply to our processing of certain personal information. The additional notice will control to the extent there is a conflict with this Privacy Notice, with respect to your personal information that is subject to that notice.

  1. OUR COLLECTION OF PERSONAL INFORMATION

Generally, we collect your personal information on a voluntary basis. However, if you decline to provide certain personal information that is marked mandatory, you may not be able to access certain Services or we may be unable to fully respond to your inquiry.

We may collect personal information directly from individuals, automatically related to the use of the Services, and in some cases, from third parties (such as social networks, platform providers, payment processors, data providers, and operators of certain third- party services that we use). In some cases (such as where required by law), we ask for your consent or give you certain choices prior to collecting or using certain personal information.

Information we collect directly.  We collect information that you provide to us when you: create an account with us or register to use certain Services; submit a webform to us or otherwise contact us; participate in surveys or promotions; register for events that we sponsor; or, submit information about real estate interests and preferences (e.g., search criteria for new home purchases).  This personal information we may collect generally includes:

Contact information and profile data: such as your name, address, email and other contact information, as well as any personal data you post or submit, such as demographics, preferences, or that you otherwise submit to us through your account.

Real estate and property information: information about past and present property purchases, sales and listings (such as address, price, photos, and property details) and other information you provide such as real estate searches and preferences, whether you plan on buying or selling real estate, home search criteria and preferences, language preferences, household members, information about financing for the purchase of real estate, co-owners, and other information related to the purchase or sale of real estate.

Payment and purchase information: in some circumstances, we may collect purchase and payment information in order to process payments to or from you, such as your credit card number, direct deposit or financial account number, billing address, and other account information.

 

Communications and interactions: when you email, call, or otherwise communicate with us and with members of our team, we collect and maintain a record of your contact details, communications and our responses. We also maintain records, communications and information that you post in chat sessions, forums and in other areas of the Services, as well as on our social media channels, and information you provide to us related to any customer support requests.

Surveys and promotions: if you participate in surveys, contests or promotions that we offer, we will collect your name, age, email address, and other registration information, as well as your responses to any survey questions or other requests.

Events and other requests: if you register for or attend an event that we host or sponsor, we may collect information related to your registration for and participation in such event, including name, contact information, and professional affiliations, as well as any dietary restrictions or other requested accommodations. When you fill out a ‘Contact Us’ form, signup for our mailing lists, or otherwise request information from us, we collect and maintain records of your requests.

Other information: in some cases, we may collect personal information, such as driver’s license, SSN, tax IDs, and other government identifiers. For example, where necessary to establish or verify your identity, complete a transaction or comply with a legal obligation.  This information is considered sensitive personal information under certain privacy laws.  We do not sell or share this information or use it for marketing purposes.

Information we collect from third party sources.  We may collect or receive personal information about you and your property from third party sources, such as public databases, joint marketing partners, social media platforms (including from people with whom you are friends or otherwise connected), brokers and affiliated real estate agents, and other real estate professionals, and third parties. For example:

Information from social media and third-party platforms: If you post information about us or engage with us on third party platforms, or choose to link to or log in to our Services with a third-party account, we may collect personal information about you from that third party platform or account. We may also collect other information that you share or make public on your account. These third-party platforms and services control the information they collect and share about you.  For information about how they may use and disclose your information, including any information you make public, please consult their respective privacy notices.

Listing, search and other real estate information: if you interact or list a property with a broker, independent real estate agent, or other real estate professional associated with one of our Anywhere brands, we may receive personal information about you and your property from them, such as your name and property address, property and listing details, contact information, search criteria and preferences, household members, and co-owners, among other things. These real estate professionals may be affiliated with independently owned and operated brokerages, or with an Anywhere company.

Property records: we may collect information about individuals and real estate property through public databases, such as property ownership, purchase and sale transactions and data (including purchase/sale price), buyer and seller names and contact information, and tax records maintained by state, local and county agencies.

Information we collect automatically or derive about you.  We automatically collect personal data related to your use of our Services and interactions with us and others, including information we collect automatically (e.g., using cookies and pixel tags), as well as information we derive about you and your use of the Services. Such information includes:

Device and browsing information: we automatically collect information when you visit a Website or user our Services, such as IP address, general location information, domain name, page views, a date/time stamp, browser type, device type, device ID, Internet service provider, referring and exiting URLs, operating system, language, clickstream data, and similar device and usage information. For more information, see Section 6. Cookies, Tracking and Analytics, below.

Activities and usage: we also automatically collect activity information related to your use of the Services, such as information about the links clicked, searches, properties viewed, features used, items viewed, time spent within the Services.

Location information: We may collect or derive location information about you, such as through your IP address. Further, with your permission, we may collect geolocation information from your device. You may turn off location data sharing through your device settings.

Profiling and characteristics: we may also derive information about you based upon the other information we have collected, such as whether you may be interested in selling or buying a home and what types of homes you may be interested in purchasing.

  1. PURPOSES AND LEGAL BASIS FOR OUR PROCESSING

Certain laws, including the EU General Data Protection Regulation (“GDPR”), UK and Brazil data protection law, and similar laws, require that we inform applicable individuals of the legal basis for our use and other processing of their personal information.  In this section, we describe the purposes for which we will collect, use, disclose and otherwise process personal information, as well as the legal bases for such processing, generally, under such privacy laws.

Legal bases under certain privacy laws. Pursuant to the GDPR, UK and Brazil data protection law, and similar laws, we collect, use and otherwise process personal information for the following legal bases:

Performance of contract: as necessary to enter into or carry out the performance of our contract with you.

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, data protection, tax, and corporate compliance laws.

Our legitimate interests: in furtherance of our legitimate business interests including, for example:

Performance of contracts with 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

Marketing and advertising

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: in some cases, we rely on your consent to collect and process your personal information. (See Section 17A below for information about withdrawing your consent.)

In addition, we may process your personal information where necessary to protect the vital interests of any individual.

 

Purposes of collection and processing. We use, disclose and otherwise process the personal information (described above) that we collect, for the purposes set forth below.  (We have also noted the legal basis for such processing, as applicable under the GDPR, UK and Brazil data protection laws, and similar laws).

 

In general, we use the personal information we collect in order to respond to your request and provide you with the Services or information you have requested.  This may include, for example, if you have requested information about property listings or to be connected with buyer or seller agents to assist you with home searches and real estate transactions, we may collect and disclose information about you and your request in order to facilitate communications among you, independent real estate professionals, our affiliated entities, and other users of the Services.  If you express an interest in a listing or request information, we may send you information in response to your request and we may share your information so that a broker or agent can respond to your request.

We may also process the personal information (described above) that we collect, for the following business and commercial purposes:

Providing support and related services: to operate our Services; to communicate with you about your access to and use of our Services; to respond to your inquiries; to provide troubleshooting, fulfill your requests, and provide technical support; and for other customer service and support purposes. (Legal basis: performance of our contract with you; and our legitimate interests)

Analyzing and improving our business: including to better understand how users access and use our Services, to evaluate and improve our Services and business operations, and to develop new features, offerings, and services; to conduct surveys, and other evaluations, such as customer satisfaction surveys; and for other research and analytical purposes. (Legal basis: our legitimate interests)

Personalizing content and experiences: including to provide or recommend features, content, social connections, and referrals; tailor content we send or display on our Services; to offer location customization and personalized help and instructions; and to otherwise personalize your experiences. (Legal basis: our legitimate interests and/or with your consent)

Advertising, marketing and promotional purposes: including to reach you with more relevant ads and to evaluate, measure, and improve the effectiveness of our ad campaigns; to send you newsletters, offers, or other information we think may interest you; to contact you about our Services or information we think may interest you; to administer surveys, promotions and contests; to share information of new home sales and enable other businesses to contact you about products and services you may be interested in, such as home warranties. (Legal basis: our legitimate interests and/or with your consent)

Securing and protecting our business: including to protect and secure our business operations, assets, Services, network and information and technology resources; to investigate, prevent, detect and take action regarding fraud, unauthorized access, situations involving potential threats to the rights or safety of any person or third party, or other unauthorized activities or misconduct. (Legal basis: our legitimate interests and/or compliance with laws)

Defending our legal rights: including to manage and respond to actual and potential legal disputes and claims, and to otherwise establish, defend or protect our rights or interests, including in the context of anticipated or actual litigation with third parties. (Legal basis: our legitimate interests and/or compliance with laws)

Planning and facilitating business transactions: related to any actual or contemplated merger, acquisition, asset sale or transfer, financing, bankruptcy or restructuring of all or part of our business. (Legal basis: our legitimate interests and/or compliance with laws)

Auditing, reporting, corporate governance, and internal operations: including relating to financial, tax and accounting; audits and assessments of our operations; quality control and training; privacy, security and financial controls; risk, and compliance with legal obligations; and our general business, record keeping and legal functions. (Legal basis: our legitimate interests and/or compliance with laws)

Complying with legal obligations: including to comply with the law, our legal obligations and legal process, warrants, subpoenas, court orders, and regulatory or law enforcement requests. (Legal basis: our legitimate interests and/or compliance with laws)

  1. DISCLOSURE OF PERSONAL INFORMATION

We may disclose the personal information we collect to third parties, as reasonably necessary for the purposes described above and as otherwise directed or consented to by you, which may include:

Service providers: to third-party service providers who use this information to perform services for us, such as hosting providers, auditors, advisors, consultants, and customer service and support providers.

Third parties: we may share transaction information about property sales (most of which is also recorded in and publicly available through public records) with certain partners and companies with which we work; these third parties and others they work with may contact you about products and services you may be interested in. We may also disclose your personal information to respond to or carry out your requests, and/or with your consent, including to:

Independent real estate professionals and owners and operators of real estate brokerage companies to enable them to provide services you request through the Services.

Third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us.

The public if you submit to a public part of the Services, such as comments, social media posts, or other features viewable by the public or generally by registered users of the Services.

Third parties with whom you choose to let us share information, for example other apps or websites that integrate with the Services, or those with Services with which we integrate.

Third parties we work with to provide you with more personalized content and ads, and to track the effectiveness of campaigns.

Business transfers: as part of any actual or contemplated merger, sale, and transfer of our assets, acquisition, financing or restructuring of all or part of our business, bankruptcy or similar event; and prior to the completion of such a transfer, where necessary for due diligence or to plan for the transfer, such as to lenders, auditors, and third-party advisors, such attorneys and consultants, where permitted by law.

Legally required: where we are required to do so by law or legal process (e.g., to law enforcement, courts or others, or in response to a subpoena or court order).

Protect our rights: where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and to protect the rights, property, or safety of us, our clients and customers or others. including personal information, related to litigation and other legal claims or proceedings in which we are involved, as well as for our internal accounting, auditing, compliance, recordkeeping, and legal functions.

  1. Aggregate and Non-identifiable Data

We may also use and disclose aggregate, anonymous, and other non-identifiable data related to our business and the Services for quality control, analytics, research, development and other purposes. Where we use, disclose or process de-identified data (data that is no longer reasonably linked or linkable to an identified or identifiable natural person, household, or personal or household device) we will maintain and use the information in deidentified form and not to attempt to reidentify the information, except as permitted by applicable privacy laws (such as to confirm whether our deidentification processes are reasonable and adequate).

  1. COOKIES, TRACKING, AND ANALYTICS

Our Services may use first party and third-party cookies, pixel tags, plugins, and other tools to gather device, usage and browsing information when users visit our Services. For instance, when you visit our Services, our server may record your IP address (and associated location information) and other information such as the type of your internet browser, your Media Access Control address, computer type (i.e. Windows PC or Apple Mac), screen resolution, operating system name and version, device manufacturer and model, language, and the pages you view and links you select on the Services, as well as date and time stamps associated with your usage of and activities on our Services.

We use the information for security purposes, to facilitate navigation, to improve, analyze and optimize our Services and their functionality, to personalize and improve your experience while using the Services, to improve and measure our advertising campaigns, and to better reach users with relevant advertising both on our Services and on third party websites.

Click the “Cookie Preferences” link in the footer of our Website for more information about cookies on that Website, and to review and update your preferences for most types of cookies (other than those that are necessary to the functionality of that Website).

Cookies.  Cookies are small text files that a website transfers to your hard drive to store and sometimes collect information about your usage of websites, such as time spent on the websites, pages visited, language preferences, and other anonymous traffic data. You can control the way in which cookies are used by altering your browser settings. You may refuse to accept cookies by activating the setting on your browser that allows you to reject cookies. However, if you select such a setting, this may affect the functioning of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you access or log on to our Service.

If you have disabled one or more cookies, we may still use information collected from cookies before your disabled preference was set. However, we will stop using the disabled cookie to collect any further information.

Pixel tags and other similar technologies. Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Websites to, among other things, track the actions of users of the Websites (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of the Websites and response rates. We and our service providers may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, track whether our emails are forwarded, and conduct analytics.

Log files. Most browsers collect certain information, such as your IP address, device type, screen resolution, operating system version and internet browser type and version. This information is gathered automatically and stored in log files.

Third party analytics tools. Our Websites use automated devices and applications operated by third parties, such as Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Websites and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices and opt-out of collection of your browsing data by Google Analytics at https://tools.google.com/dlpage/gaoptout.

  1. SOCIAL FEATURES AND THIRD-PARTY PLUG INS

The Services may integrate with social sharing features and other related tools which let you log in to the Services or share actions you take on the Services. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy notices of those social sharing services for more information about how they handle the data you provide to or share through them.

  1. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION

Coldwell Banker is headquartered in the United States and has affiliates and service providers in multiple jurisdictions.  As such your personal information may be transferred to the United States and other jurisdictions where we or our service providers have operations, and may be subject to disclosure to the governments, courts, or law enforcement or regulatory agencies of such of these jurisdictions upon transfer. Some of these jurisdictions—including the United States—may not provide the same level of data protection as your home country.  In such cases, we rely on suitable personal information transfer safeguards. You may request a copy or information about those safeguards by contacting us as detailed below.

  1. SECURITY

We use technical, administrative, and physical controls in place to help protect personal information from unauthorized access, use, and disclosure. Even so, despite our efforts, no security measure is ever perfect or impenetrable. In the event that the security of your account has been compromised, please immediately notify us in accordance with Section 16. Contact Us.

  1. 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.

  1. YOUR RIGHTS AND CHOICES

We provide several ways for you to exercise certain privacy choices regarding your personal information processed by us, as described in this section. We are committed to respecting the privacy rights of individuals under all privacy laws applicable to us. Some privacy laws require that we provide specific information about individual rights to applicable consumers, which we have set forth in Section 17 of this Privacy Notice.

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 preferences.  To review and update your preferences for most types of cookies (other than those that are necessary) for each of our Websites, Click the “Cookie Preferences” link in the footer of each Website.

Deactivation.  You can deactivate your account at any time by contacting us at the email address at the bottom of this page. However, you will not be able to access many of the services to deactivate your account. Please note that even if you request deactivation of your account, it may take some time to fulfill this request.

Browser signals. Please note that our Websites do not recognize or respond to browser “do-not-track” requests or other browser privacy signals. However, you can review and update your cookie preferences on our Websites as discussed above.

  1. CHILDREN

The Services are not intended or directed to children under the age of 16, 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 16 years old has been collected, then we will take appropriate steps to try and delete such personal information.

  1. THIRD-PARTY WEBSITES

The Services may contain links to third-party services. We do not own, operate, or control the websites of third parties, including those of independently owned and operated franchisees. Accordingly, this Privacy Notice does not apply to any services maintained or operated by third-parties. When you click on those links, you will go to a third-party website where you will be subject to that service’s Privacy Notice or similar statement and terms of use, and we encourage you to read that policy statement. We are not responsible for the privacy practices of other services, and we expressly disclaim any liability for their actions, including actions related to the use and disclosure of personal information by those third parties.

  1. CHANGES TO THIS PRIVACY NOTICE

We may amend this Privacy Notice at any time. If we make any material change in how we collect, use, disclose, or otherwise process personal information, we will prominently post a notice regarding such change on the Services. Any material changes to this Privacy Notice will be effective 10 days after our posting of the updated Privacy Notice or as otherwise required by applicable law. Where required to do so by law, we may seek your prior consent to any material changes we make to this Privacy Notice.

  1. CONTACT US

If you have any questions or concerns about this Privacy Notice, please use the following contact information:

Email: Natalia@estatereal.net

Mailing address: Attn: Natalia Echeverri 2690 Weston Road, Weston Fl. 33332

Phone number: (305)498-1323

 

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