INTRODUCTORY PROVISIONS
The website is owned and operated by VISINTAINER GROUP, a California corporation (“Us”, or “We” or “BV”). This document sets forth the Privacy Policy (the “Policy”) for the website at www.visintainergroup.com.com, all other sites, smart phone and tablet “apps”, and all subdomains (collectively, the “Site”), and the service owned and operated by BV. The Site is used to communicate information, provide listings of properties, and provide an exchange of information between BV and its clients and potential buyers, sub-agents, cooperating agents, tenants and otherwise (collectively, the “Services”). Each person who uses the Site is known herein as the “User” or “Users”.
Personal information of all Users is important to BV and it takes the responsibility of having User’s personal information very seriously. BV will only use personal information of Users for providing and improving the Service and as described herein. By accessing the Site and/or by using the Service, each User consents to the collection and use of information in accordance with this Policy.
BV reserves the right, at its sole discretion, to modify or replace this Policy by posting the updated version on the Site. It is each User’s responsibility to check this Policy periodically for changes. The continued use of the Service following the posting of any changes to this Policy constitutes each User’s acceptance of those modifications, additions, deletions or changes.
PART 1: BV MAY COLLECT PERSONAL DATA
BV may collect and process the following information about each User: (a) basic data on each User’s name, email, address, phone numbers, gender, zip code or county; (b) access and log in data connected to accessing the Site; (c) tracking inquiries and other data related to a User’s account; (d) summarizing and keeping details of transactions of each User; (e) keeping records of communications made by Users on the Site; (f) information related to User IP and other access data or general geo-location and/or other data; (g) collecting, summarizing, storing and using all information related to property values, rent rates, CAM costs, CAP rates, interest rates, time-on-market, and other information which may aid BV in the development of a database to help BV understand the market and submarket, and trends within those markets; and (h) all other data and analytics for Users’ use of the Site and Services of every nature and kind.
PART 2: BV USE OF PERSONAL DATA
BV may use personal information provided by, or gathered on Users only as follows: (a) to provide secured access to the Site, such as to identify a User when accessing the Website; (b) to enable Users to use the Services of BV; (c) to send emails, newsletters, text messages, phone calls, and other communications or forms of communications with new listings, updates, notices, etc.; (d) to use geographical data, GPS coordinates and such other location devices, information or data which may be available to BV(or the other Users of the Services), and send to or from Users pertaining to quality assurances and/or updates; (e) to develop statistics for internal purposes, showing patterns of User activity and all other forms of User analytics, (f) to consider and critique the Services by seeking feedback from Users; (g) to enable communications between Users; (h) and, in response to a legal demand or subpoena.
PART 3: NO SALE OR EXTERNAL USE OF FINANCIAL INFORMATION
BV will not sell any User’s personal financial information to any outside companies. BV will similarly not sell or allow third parties to have or display User’s personal financial information, but may display, sell or otherwise use data on listings, offerings, deals, transactions or closings handled by BV.
PART 4: DISCLOSURE BY USER
Any personal information or content that Users voluntarily disclose in public areas of the Site becomes publicly available and can be collected and used by others.
PART 5: COOKIES AND POP-UP ADS
BV reserves the right to send Users various sources and forms of notices, push-notices, “cookies” or pop-up tiles (commercial or otherwise), on or through the Site. These forms of communications may track User information, which may be used by BV and its affiliates. Users have the right to disable many of these pop-ups, advertisements and instructions, but BV reserves the right to use the tracking and other data gained from these processes.
PART 6: LEGALLY REQUIRED AND OTHER DISCLOSURES
BV reserves the right to disclose User’s personally identifiable information as required by law and when BV believe that disclosure is necessary to protect our rights, or in the good-faith belief that it is necessary to comply with the law. BV may disclose User information upon court order or on receipt of a subpoena.
PART 7: GENERAL PROVISIONS
(1) Users are responsible to keep their information up to date and current. To modify or delete the personal information you have provided to us, please log in and update your profile.
(2) BV may retain certain information as required by law or for necessary business purposes, but has no legal obligation to maintain records for any minimum period of time except as provided by law.
(3) On 30 days written request, BV will give you a copy of all the personal information about you that BV holds. This information is subject to a fee not exceeding the prescribed fee permitted by law.
(4) All base Users must be over the age of 18; and BV reserves the right to suspend or terminate access from an underage User for any lawful reason or upon receiving notice for the parent or guardian that a child should not be granted access. The parent or guardian of a child shall be solely responsible for the content placed on the System by a child and shall hold BV free and harmless from any costs, claims, lawsuits, fines, attorneys’ fees and expenses which arise from the use or misuse of the System, and/or providing false or misleading information.
(5) Information that you submit through the Service may be transferred to countries outside the European Economic Area (“EEA”) to provide the Service to you. For example, Site servers are in the United States. If BV transfers your information outside the EEA in this way, BV will take commercially reasonable steps to ensure that User’s privacy rights are maintained.
(6) Venue and applicable law shall be as provided in the Terms of Use, incorporated by this reference for all purposes.