Terms of Use / Privacy

Last updated: October 25, 2016

Please read these Terms of Use carefully before continuing on with your use of the Services. Your express consent to these Terms of Use or use of any aspect of the Services (including without limitation our websites and mobile applications) signifies your agreement with these Terms of Use. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THE SERVICES. By registering with or accessing the Service you are acknowledging and accepting these Terms of Use (these "Terms"). Capitalized terms are defined below.

THESE TERMS OF USE CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY AGREEING TO THESE TERMS OF USE AND THE ARBITRATION AND CLASS ACTION WAIVER PROVISION, YOU WAIVE YOUR RIGHT TO BRING A LAWSUIT IN COURT.

We fully support the principles of the Fair Housing Act and the Equal Opportunity Act.

Some words used in these Terms of Use have a specific definition. You can find these definitions at the end of these Terms of Use.

  1. These Terms.

This is a legally binding agreement. The terms "you" and "your" refer to an individual registering with or accessing the Service. You represent that you have the full right, power, and authority to enter into and perform these Terms without the consent of any third party.

We may, in our sole discretion, amend these Terms from time to time upon notice. Your continued use of the Service after any such change constitutes your acceptance of the amended Agreement. If you do not agree to any portion of these Terms at any time, you must cease your access and use of the Service.

  1. Use of the Service.
  2. Accounts.

 You may register, maintain, and create an Account for the Service. You are responsible and liable for all activities conducted in connection with your Account, and the accuracy of all information relating thereto, including contact, technical and payment information, and your login credentials. You will promptly (i) update any Account information when it changes, and (ii) notify us of any unauthorized use of your Account, including any security or data breach. You may only connect to the Service through your Account and in accordance with our access procedures. You will not allow an Account to be shared or used by more than one individual. By providing us with your email address you consent to us sending you Service-related notices. You must be eighteen (18) years of age or older to use the Service.

  1. Service Rules.

 You will use the Service strictly in accordance with these Terms, all Documentation, the Privacy Policy, and Applicable Law. You will not engage in any of the following activities:

  • (i) use the Service in violation of any third party license or agreement;
  • (ii) use the Service to collect, process, or store bank account information, credit or debit card information, personally identifiable information pertaining to children under 13, or health or medical information (including ‘ Protected Health Information‘ as defined in the Health Insurance Portability and Accountability Act of 1996);
  • (iii) sublicense, sell, transfer, assign, distribute, republish, rent, lease or transmit in any form or by any means any part of the Service;
  • (iv) use, modify, copy, or create derivative works from the Service or Marks without the applicable owner‘ s written permission, including without limitation using automated or manual means to access copy content from the Service;
  • (v) frame, mirror, embed or otherwise incorporate any portion of the Service in any other service or product;
  • (vi) reverse engineer, decompile, or disassemble any part of the Service, or use or access any part of the Service in connection with any other product or service using features, functions or graphics similar to any part of the Service;
  • (vii) remove, obscure, or alter any Intellectual Property Rights notice related to any part of the Service or Marks;
  • (viii) send or store unsolicited, infringing, harassing, obscene, threatening, harmful, defamatory, or otherwise unlawful Content;
  • (ix) facilitate the transmission or use of any: (a) malicious code (including malware, viruses, worms, and Trojan horses); (b) traps, time bombs, or other code with a latent ability to disable or cripple software or services; or (c) code that would allow any party to interfere with or access any of portion of the Service;
  • (x) interfere with, disrupt, or overburdern the integrity or performance of the Service, or interfere with any other use of the Service;
  • (xi) attempt or assist others to attempt to gain unauthorized access to the Service or its related systems or networks; or
  • (xii) use the Service in any way not expressly authorized by these Terms.
  1. Service Changes; Suspension.

 We may, without prior notice, change the Service, stop or suspend access to any or all of the Service, or create usage limits for the Service. Your continued use of the Service after any change or limitation constitutes your acceptance thereof.

  1. Monitoring; Records.

 We have the right, but not the obligation, to review and monitor your use of the Service at any time, with or without notice, including Communications, to ensure compliance with these Terms.

  1. User Content and Behavior.

 Because we do not control Content, you acknowledge and agree that we are not responsible for any Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any Content. Your interactions with Users are solely between you and such Users and we are not responsible or liable with respect to any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved. We reserve the right to change, condense or delete any content, information, or other materials on the Service (including your Content).

  1. Service Content.

 We may provide a variety of features on the Service, including User Ratings, Agent profiles, and comments on properties for sale. We, the Affiliate Entities, our service providers, and our other licensors are merely providing you, Users and Agents a forum to exchange information, and such parties no way endorse, guarantee, or are responsible, and will not be held liable, for the accuracy or reliability of any content posted on the Service by a Client, User, or any Agent. Content and opinions posted on the Service by a you, a User, or an Agent belong to those respective author(s) and not us or any Affiliated Entity. Any use or reliance on any content and opinions posted on the Service or obtained by you through the Service is at your own risk.

  1. Your Representations.

 You represent and warrant that you:

(i) are entitled to grant the rights and licenses to your Content under these Terms and none of your Content will infringe any party‘ s Intellectual Property Rights or violate Applicable Law;

(ii) will use the Service for internal purposes only and will not sell, license, or transfer to any party any information obtained through the Service or engage in any other commercial exploitation of the Service;

(iii) have the right and authority to enter into these Terms, and that by entering into or executing your obligations under these Terms, you will not be in breach or violation of the terms of any agreement with or obligation to any third party

(iv) are a prospective purchaser or seller of real property in the geographic areas where we are licensed and operating with a bona fide interest in the purchase or sale of such real property;

(v) have not signed any agreement with a real estate broker or agent that would prevent you from using one of our franchisees as your sole and exclusive broker or agent, and you do not have a contract or agreement with any third party that would interfere with our representation of you;

(vi) will limit your search on the Service to properties within your anticipated purchase ability or price range and to the properties that meet your other criteria;

(vii) will not (a) contact the owner or seller of any property from information gained through the Service or (b) attempt to enter the property or speak with an owner or seller without an appointment set by us;

(viii) will abide by all copyright restrictions placed on the content of the Website including, but not limited to, any material or data compilations where we or others may hold the copyright;

(ix) agree that we may also represent other prospective buyers seeking to purchase properties that may meet your criteria;

(x) authorize us to review and provide copies of various documents in any of your transactions relating to the Service, including without limitation home inspection reports and closing papers;

(xi) agree to comply with the User Ratings Guidelines when utilizing the User Ratings;

(xii) with respect to any User Rating, consent to us posting your first name and first initial of your last name and real-property information such as price of property, property type (e.g., single family, condo, townhouse), type of transaction (e.g., conventional, short sale, foreclosure), and/or the city in which the property is located pertaining to such User Rating; and

(xiii) acknowledge and agree that neither we nor any Affiliated Entity endorse any User Review or other Content hosted on or transmitted through the Service.

  1. Agent Users.

 Any User that holds any type of real-estate license, including, but not limited to a brokers, associate brokers or salespersons license other Agents must immediately advise us by before that User may access any password protected material including, without limitation, house listing data or other data compilations. We reserve the right to deny or terminate access to any real-estate agent who is not an Agent, except for the real-estate agent‘ s limited purpose of accessing the Website for verifying compliance with MLS rules.

  1. Property Data Restrictions.

 In addition to other restrictions herein, for the avoidance of doubt, all property data provided on the Service is for your personal, sole and private, non-commercial use and not available for redistribution, retransmission or copying. You may not sell or use such data for any purpose, other than the purpose of attempting to evaluate properties or properties for sale or purchase. You acknowledge that the MLS data on the Service is owned by the respective MLS, and you acknowledge the validity of the MLS‘ s copyright to such data.

  1. Licenses.
  2. License to You.

 Subject to these Terms, we grant you a non-exclusive, non-sublicenseable, nontransferable, limited right, solely during the term of the Agreement, to access and use the Service solely for your non-commercial purposes related to searching for real estate for personal use.

  1. License to Us.

 You grant to the us a non-exclusive, sublicensable, transferable, perpetual, irrevocable, royalty-free, worldwide license to use, develop, transmit, distribute, modify, reproduce, publically display, and create derivative works of any of your Content to provide, develop, maintain, support, and improve the Service and the Affiliated Entities‘  services.

  1. Maps.

 The Service may feature Microsoft Bing Maps and Google Maps. Use of Microsoft Bing Maps is subject to the Bing Maps Terms of Use and use of Google Maps is subject to the Google Maps Terms of Use and Privacy Policy. Such services are not under the control of Affiliated Entities. Please review the terms of use or privacy policies of these services for rights and restrictions.

  1. Ownership Rights.
  2. Our Ownership Rights.

 As between you and us, (i) we solely and exclusively own and will continue to own all right, title and interest in and to the Service and Marks; (ii) you will do nothing inconsistent with such ownership, including by challenging title or registering or attempting to register Marks or any similar trademarks; (iii) no title to or ownership in the Service or Marks, or any associated Intellectual Property Rights embodied therein, is transferred by implication to you under these Terms; and (iv) any use of Marks by you that is permitted under these Terms will inure to the benefit of and be on behalf of the applicable owner. You will promptly notify us of any use of the Service or Marks by any party that is not authorized by these Terms. If you provide us or any affiliate with Feedback, you assign to such entity all right, title and interest in and to such Feedback, including all Intellectual Property Rights therein, waiving all claims thereto, including claims of payment and credit.

  1. Your Ownership Rights.

 As between you and us, and subject to Sections 3(B) and 4(A) above, you own all right, title and interest in and to your Content.

  1. Data.

You agree that the Affiliated Entities, including us, may collect, store, use, and distribute information in accordance with the Privacy Policy, including in respect of your information and data. You will comply with the Privacy Policy.

  1. Compliance.

We do not provide compliance services. You agree that the Service is provided for your convenience only, and not for purposes of enabling you to meet your obligations under Applicable Law and third party agreements. You are solely responsible for ensuring compliance with such obligations.

  1. Payment.

If any amounts are due hereunder, you will pay us in accordance with statements issued by us or otherwise as agreed within the Service. Pricing for any portion of the Service is subject to change upon our notice. Pricing excludes, and you will pay, all taxes, but neither party will pay income taxes of the other party. For any amount you fail to pay by its due date, we may charge you a late penalty on the amount overdue each day it is overdue until it is paid, equal to the lesser of (a) the maximum legally permissible interest rate, and (b) an interest rate of five percent (5%), which reflects the cost of our efforts to collect your payment. You will pay amounts through the means determined by us, including without limitation through a payment service provided by us or a PSP. If a PSP is used, you may also be required to register with the PSP, agree to the PSP‘ s terms of service and privacy policies, and go through a vetting process at the request of the PSP. Please note we are not a party to the PSP‘ s terms of service and privacy policies and we have no obligations or liability to you under any such terms or policies.

  1. NO WARRANTIES.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. USE OF THE SERVICE HEREUNDER IS AT YOUR SOLE RISK. THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NO AFFILIATED ENTITY, INCLUDING US, AND EACH OF THEIR LICENSORS AND SUPPLIERS DO NOT WARRANT THAT ANY PORTION OF THE SERVICE, CONTENT THEREIN (INCLUDING WITHOUT LIMITATION ZAPSCORE AND SIMILAR FEATURES) OR MLS FEED IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR COMPLY WITH LAWS APPLICABLE TO YOU; THAT ANY PORTION OF THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, BACKED UP, SECURE, OR FREE FROM BREACH OR INTERCEPTION OF DATA OR YOUR CONFIDENTIAL INFORMATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS DOWNLOADED AT YOUR OWN RISK. NEITHER US NOR ANY AFFILIATED ENTITY WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT, SERVICE, LINK OR ADVERTISEMENT OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY LINKED WEBSITE OR SERVICE, AND NEITHER US NOR ANY AFFILIATED ENTITY WILL BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY SUCH THIRD PARTY.

  1. LIMITATION OF LIABILITY.

IN NO EVENT WILL ANY AFFILIATED ENTITY, INCLUDING US, OR ANY OF THEIR EMPLOYEES, LICENSORS, CONSULTANTS, CONTRACTORS, OR DIRECTORS, BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF REVENUES, LOSS OF PROFITS, LOSS OF DATA, ERRORS, OMISSIONS, MISCALCULATIONS, MISREPRESENTATIONS OF VALUE, OR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL , EXEMPLARY, OR OTHER DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ANY AFFILIATED ENTITY, INCLUDING US, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS LIMITATION ON LIABILITY DOES NOT APPLY TO PERSONAL INJURY. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

  1. Indemnification.

You will indemnify, defend and hold us, including any Affiliated Entity, including us, harmless from and against any and all Claims to the extent arising out of or in connection with your(i) breach of these Terms; (ii) conduct involving fraud, negligence, omissions, or willful misconduct; and (iii) misuse of the Content or any other misuse of the Service.

  1. Third Parties.

We may, in our sole discretion, (a) delegate or subcontract the performance of any portion of the Service to third party service providers, and (b) make available one or more Third Party Products to you in connection with the Service. Third Party Products may be separately licensed to you by their respective providers. If you access a Third Party Product from the Service, you do so at your own risk, and the User understands that these Terms and the Privacy Policy do not apply to your use of such sites. You expressly relieve us from any and all liability arising from your use of any Third Party Product, and we make no representations or warranties of any kind in respect thereof. PLEASE ALSO VISIT THIRD PARTY WEBSITES TO REVIEW THEIR TERMS OF USE.

  1. Confidentiality.

Recipient may use Disclosing Party‘ s Confidential Information solely to perform Recipient‘ s obligations or exercise its rights hereunder. Recipient will not knowingly disclose, or permit to be disclosed, Disclosing Party‘ s Confidential Information to any third party without Disclosing Party‘ s prior written consent, except that Recipient may disclose Disclosing Party‘ s Confidential Information solely to Recipient‘ s employees and/or subcontractors who have a need to know and who are bound in writing to keep such information confidential pursuant to confidentiality agreements containing nondisclosure obligations substantially similar to those in these Terms. Recipient agrees to exercise due care in protecting Disclosing Party‘ s Confidential Information from unauthorized use and disclosure, and in any case will not use less than industry standard security measures and the degree of care a reasonable person would use. The foregoing will not apply to any information that: (i) is in the public domain through no fault of Recipient; (ii) was properly known to Recipient, without restriction, prior to disclosure by Disclosing Party; (iii) was properly disclosed to Recipient, without restriction, by another person with the legal authority to do so; (iv) Recipient independently develops without use of Disclosing Party‘ s Confidential Information; (v) is expressly permitted to be disclosed pursuant to the terms of these Terms; or (vi) is required to be disclosed pursuant to a judicial or legislative order or proceeding; provided that, where possible, Recipient provides to Disclosing Party prior notice of the intended disclosure and an opportunity to respond or object thereto. Our Confidential Information includes these Terms, our pricing, our Intellectual Property Rights, and the Service. Notwithstanding the foregoing, our obligations under this section are subject to the disclaimers set forth in Section 8 above.

Our obligations with respect to your Confidential Information under these Terms are subject to the Privacy Policy.

  1. Termination.

These Terms will continue in full effect unless and until your Account or these Terms is terminated as described herein. We may terminate these Terms for convenience upon notice. Upon termination of the Agreement, the rights and licenses granted to you hereunder will immediately terminate. Upon termination of these Terms, you grant to us a non-exclusive, non-sublicenseable, non-transferable, irrevocable, and perpetual license to use the data and information collected by the Service under your Account during the term of these Terms, and to use such data and information in accordance with the Privacy Policy.

  1. Third Party Beneficiary.

These Terms do not and is not intended to confer any rights or remedies upon any person other than the parties and as otherwise expressly stated herein.

  1. Assignment.

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.

  1. General.
  2. Nature of Relationship

. The relationship of the parties under these Terms will be that of independent contractors. Neither these Terms as a whole or any part of these Terms will render either party the agent, representative, servant, or employee of the other party. Neither party has the power, express or implied, to bind the other party in any manner or to make representations on behalf of the other party regarding any matter. Except as stated in the Agreement, we will in no way be restricted from using or commercializing all or any portion of the Service or performing or receiving any services from any third party including services the same as or similar to Service provided or received in connection with these Terms.

  1. AGREEMENT TO ARBITRATE DISPUTES.
  • PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
  • THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
  • IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
  • WE BOTH AGREE TO ARBITRATE:
  • You and all Affiliated Entities agree to resolve any claims relating to these Terms through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances, any Affiliated Entities may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
  • WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. Thus, you agree that you are waiving your right to sue or go to court to secure relief, and instead agree to the arbitration process as stated in this provision. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
  • ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this Agreement to Arbitrate, the rules set forth in this Agreement to Arbitrate will govern. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.
  • To initiate arbitration, you or we must do the following things:
    • (1) Write a demand for Arbitration. The demand must include a description of the Claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
    • (2) Send three copies of the Demand for Arbitration, plus the appropriate filing fee to your local JAMS office.
    • (3) Send one copy of the Demand for Arbitration to the other party.
  • Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In addition, for claims of less than $1,000, we will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this agreement shall be held in the United States county where you live or work, New Jersey, or any other location we mutually agree to, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and us, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. The arbitrator‘ s decision may be entered as a judgment in a court of competent jurisdiction.

NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Affiliated Entities in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, BOTH PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.

OPT-OUT OF AGREEMENT TO ARBITRATE: You can decline this agreement to arbitrate by emailing us at 1mw.com and providing the requested information as follows: (1)Your Name; (2) the URL of Terms of Use and Agreement to Arbitrate Disputes; (3) Your Address; (4) Your Phone Number; (5) and clear statement that you wish to opt out of this arbitration provision in the Terms of Use. The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the website.

Choice of Law/Forum Selection

In any circumstances where the Agreement to Arbitrate Disputes permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction in the United States District Court for the District of New Jersey or in state court in Morris County, New Jersey.

  1. Notices.

 All notices and other communications to be given to any party hereunder will be sufficient for all purposes hereunder if in writing, properly addressed as set forth below in this section and delivered (a) by hand or courier (delivery of notice deemed to occur upon delivery), (b) if sent electronically on the date delivered to the authorized email address, (c) by overnight delivery service (delivery of notice deemed to occur upon delivery and written confirmation thereof by such service), (d) by certified or registered mail, return receipt requested, with appropriate postage prepaid (delivery of notice deemed to occur upon signature of the receipt by the recipient), or (e) if from us to you, posted to your Account OR the Service on the date noted by us. If to us, notices may be sent to info@1mw.com If to you, your email and mailing address as identified in our records.

  1. Headings; Interpretation.

 Section headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms. As used herein, "including" means "including without limitation."

  1. Severability.

 The provisions of the Terms and Conditions are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the Terms and Conditions is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

  1. Waiver.

 A waiver of any provision of these Terms must be made in writing to be effective, and our waiver of a breach of any provision or right contained in these Terms will not constitute a continuing waiver or waive any subsequent breach or right.

  1. Force Majeure

 Except with respect to your payment obligations, neither party will be liable for failures or delays in the performance of its obligations hereunder due to causes beyond its reasonable control, including, in respect of the provision of the Service, failures or delays caused by our service providers, any act of God, terrorist attacks, inclement weather, accidental damage, vandalism, failure or shortage or power supplies, flood, drought, lightning or fire, strike, lock-out, trade dispute or labor disturbance, or any act or omission of government or other competent authorities.

  1. Entire Agreement

 These Terms, and documents incorporated herein, comprises the entire agreement between us and you and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding its subject matter.

  1. Survival

 Sections 1, 2(E), 2(F), 2(G), 2(I), 3(B), 4-17 will survive any termination or expiration of these Terms.

Privacy Policy

Last Updated on July 26, 2022

1MW, Mike Wilen and affiliates are committed to privacy and to transparency in our information practices. In this Privacy Notice (the “Notice”), we describe how we may collect, use, disclose, and otherwise process personal information related to our websites (each, a “Website”) and mobile applications (each, an “App”) that display or link to this Notice and our other services, products, and technology solutions (collectively, the “Services”). 

Overview of Our Collection and Use of Personal Information

We think transparency is important. In this overview, we summarize the personal information we collect and how we use it, which is further explained in our Privacy Notice below. Keep in mind that the actual information we collect, and our use of such personal information varies depending upon the nature of our relationship and interactions with an individual. Also, 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.

Categories of Personal Information We Collect. Generally, we collect the following types of personal information:

  • Identifiers: such as name, contact information, IP address and online identifiers, Social Security number and other government identifiers.
  • Customer Records: paper and electronic records containing personal information, which you provide to us in order to access or use our Services, such as name, digital signature, address, telephone number, email and other contact information.
  • Characteristics of Protected Classifications: such as disability and health information (e.g., which we may collect in order to, for example, make accommodations available to you at events we host) and other profile information you provide to us.
  • Commercial Information: including records of real property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.
  • Usage Datainternet or other electronic network activity Information including without limitation browsing history, search history, and information regarding an individual‘ s interaction with our Services or an advertisement.
  • Geolocation Dataprecise location information about a particular individual or device.
  • Audio, Video, and Other Electronic Data: audio, electronic, visual, or similar information, such as CCTV images and thermal screenings (e.g., collected from visitors to our offices), photographs and call recordings.,
  • Employment History: professional or employment-related information.
  • Education Information: education information and records.
  • Inferences: inferences drawn from any of the above used to create a profile reflecting an individual’s preferences, behaviors or other characteristics.

Use of personal information. In general, we may use and disclose the personal information we collect for the following business and commercial purposes:

  • Providing support and services
  • Analyzing and improving our business
  • Personalizing content and experiences
  • Advertising, marketing, and promotional purposes
  • Securing and protecting our business
  • Defending our legal rights
  • Auditing, reporting, corporate governance, and internal operations
  • Complying with legal obligations

Individual rights. Please see Section 12, “Your Rights and Choices”, below for a description of the choices we provide and the rights you have regarding your personal information. If you are a California resident, please be sure to review Section 17 below titled "Additional Information for Certain Jurisdictions" 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 submit a “Do Not Sell My Personal Information” request (i.e., to opt out of the sale of your personal information by us).

  1. SCOPE OF OUR PRIVACY NOTICE

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

  • the use of our Services that display or link to this Notice;
  • former, current, and prospective clients, brokers, independent agents, and customers; and
  • 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

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. 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

Personal information.

In this privacy notice, our use of the term “personal information” includes other similar terms under applicable privacy laws—such as “personal data” and “personally identifiable information.” In general, personal information includes any information that identifies, relates to, describes, or is reasonably capable of being associated, linked, or linkable with a particular individual.

Not covered by this notice.

This privacy notice does not apply to job applicants and candidates who apply for employment with us, or to our employees and non-employee workers.

  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).

Information we collect directly.

We collect information that you provide to us, such as

  • when you create an account, provide contact information, and send other personal information to us;
  • when you complete or submit a form through our Services, for example, "Contact Us" or “More Information” forms;
  • when you participate in surveys or contests, submit orders or requests, or register for or use our Services, or otherwise contact us;

information you submit or provide such as real estate searches and preferences, whether you plan on buying or selling real estate, home search criteria, information about financing for the purchase of real estate, and other information related to the purchase or sale of real estate.

Information we collect from third parties.

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 agents, and other real estate professionals, and third parties. For example:

Social media.

If you choose to link, create, or log in to your Services account with a social media service (e.g., Twitter, Facebook, Instagram, etc.), or if you engage with a separate app or website that communicates with the Services, we may receive personal information about you or your connections from that service. In many cases you can control what personal information you share with us through privacy settings available on those third-party social media services.

Real estate professionals.

If you interact or list a property with a broker, independent agent, or other real estate professional associated with one of our 1MW Real Estate Inc. (“1MW”) brands, we may receive personal information about you and your property from them, such as your name and property address, listing and contact information, among other things. These real estate professionals may be affiliated with independently owned and operated brokerages, or with an 1MW company.

Property records.

We may collect information about individuals and real estate property through public databases, such as property ownership and tax records maintained by state, local and county agencies. 

  1. LEGAL BASIS FOR OUR PROCESSING OF PERSONAL INFORMATION

Certain laws, including the EU General Data Protection Regulation (“GDPR”), requires that we inform applicable individuals of the legal basis for our use and other processing of personal information. Pursuant to the GDPR (and other relevant laws), we collect, use and otherwise process personal information for the following legal basis:

  • Performance of contract:

as necessary toenter 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:

    • 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 12 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.

  1. USE OF PERSONAL INFORMATION

While the purposes for which we may process personal information will vary depending upon the circumstances, in general we use personal information for the purposes set forth below. Where relevant laws apply, we have set forth the legal basis for such processing in parenthesis (see above for further explanation of our legal basis).

  • Providing support and services:

including, for example, to send or facilitate communications among you, independent real estate professionals and our affiliated entities, and other users of the Services, provide products and services you request (and send related information), 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; and to administer promotions and contests. (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)

  • Auditing, reporting, corporate governance, and internal operations:

including relating to financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions; and 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)

  • Complying with legal obligations:

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

Aggregate and de-identified information.

We may de-identify personal information and create anonymous and aggregated data sets and reports in order to assess, improve and develop our business, products and services, prepare benchmarking reports on our industry and for other research, marketing and analytics purposes.

  1. DISCLOSURE OF PERSONAL INFORMATION

We may disclose the personal information that we collect about you as set forth below or as otherwise described at the time of collection or sharing.

Service providers:

We may disclose personal information with 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 disclose personal information to third parties in order to provide our Services, respond to or carry out your requests, and/or with your consent, including with:

    • 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:

We may disclose or transfer personal information 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, including related to due diligence conducted prior to such event where permitted by law.

  • Legally required:

We may disclose personal information if we are required to do so by law (e.g., to law enforcement, courts or others, e.g., in response to a subpoena or court order).

  • Protect our rights:

We may disclose personal information 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.

Anonymized and Aggregated Data.

We may share aggregate or de-identified information with third parties for research, marketing, advertising, analytics, and other purposes.

  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 (MAC) address, computer type (Windows or Macintosh), 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 activities on our Services.

We use the information for security purposes, to facilitate navigation, 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. We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist us with resolving questions regarding them.

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.

Strictly necessary cookies are essential, as they enable you to move around the Service and use its features. Without these cookies we could not, for example, authenticate your login or remember that you are logged-in as you move through the Service.

Functionality cookies allow us to remember choices you make (such as the region you‘ re in) and tailor the Service to provide enhanced features and content for you. For instance, they can be used to remember your login details or remember your nickname when you next login. They may also be used to provide services you‘ ve requested, for example leaving a comment on the Service.

Analytics & performances cookies collect information about how the Service is used, for example which pages users visit most often and if any error messages are displayed on certain pages. Information collected using these cookies is used to monitor activity on the Service and understand how it is being used.

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.

To find out more about cookies, including how to see what cookies have been set and how to manage and delete them, visit www.aboutcookies.org.

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 by going to www.google.com/policies/privacy/partners/, and you can opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

Do-Not-Track signals.

Please note that our Websites do not recognize or respond to any signal which your browser might transmit through the so-called ‘ Do Not Track‘ feature your browser might have. If you wish to disable cookies on our Websites, you should not rely on any ‘ Do Not Track‘ feature your browser might have.

  1. INTEREST-BASED ADVERTISING

On some of our Websites, we may work with third-party ad networks, analytics companies, measurement services and others ("third-party ad companies") to display advertising on our Services and to manage our advertising on third-party sites, mobile apps and online services. We and these third-party ad companies may use cookies, pixels tags and other tools to collect information on our Websites (and on third-party sites and services), such as browsing history, IP address, device ID, cookie and advertising IDs, and other identifiers, general location information and, with your consent, your device‘ s geolocation information; we and these third-party ad companies use this information to provide you more relevant ads and content and to evaluate the success of such ads and content. You can manage how your preferences regarding third party ad company cookies set by this Service by reading the cookie discussion above.

Please also see the cookie discussion above for information about the third parties we may work with to display targeted ads on third-party sites and to measure the success of our marketing and campaigns. You may also obtain more information about targeted or "interest-based advertising" and opt-out of many ad networks at the industry websites below:

  • Canada: www.youradchoices.ca
  • EU: www.youronlinechoices.eu
  • U.S.: www.aboutads.info
  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 policies of those social sharing services for more information about how they handle the data you provide to or share through them. We do not receive or store passwords to your third-party social media accounts in this context.

  1. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION 

The Services are hosted on servers located in the United States. Note that some countries may not provide the same level of data protection as your home country. If you are located, for example, in European Economic Area or Switzerland (collectively, "EEA"), your personal information will be transferred to the United States and possibly to other jurisdictions (e.g., to the location of a property for which you have requested information), which may not provide the same level of protection under your local data protection laws. In such cases, we rely on suitable personal information transfer safeguards. You may have the right to 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 reasonable 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 below ("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 

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 and similar technologies.

Please review your browser or device settings for certain cookies and see above to exercise certain choices regarding cookies.

Access, amendment, and deletion.

Under applicable privacy laws, you may have the right to request to review, make amendments, have deleted or otherwise exercise your rights over your personal information that we hold, subject to certain legal limitations and requirements. If you are subject to such a privacy law, you may submit a request to us related to your personal information:

  • By submitting an email request to us at info@1mw.com
  • By contacting us at 612-400-9000

We follow applicable law to take steps to keep your personal information accurate, complete and up-to-date. In your request that is covered by an applicable privacy law, please make clear what personal information you would like to have changed, whether you would like to have your personal information suppressed from our database or otherwise let us know what limitations you would like to put on our use of your personal information. We may only implement requests (a) where required by applicable law and (b) with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please see the Section 17 (“Additional Information for Certain Jurisdictions”) for information about individual rights under the CCPA and the GDPR.

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.

Responding to Requests.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion. There may also be residual information that will remain within our databases and other records, which will not be removed. We may not always be able to fully address your request, for example if it would impact the duty of confidentiality we owe to others, or if we are legally entitled to deal with the request in a different way.

Additional information for certain jurisdictions.

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 at the end of this privacy notice:

  • California:

if you are a California resident, you have certain rights, under California privacy laws, regarding your personal information as set forth in Section 17 below.

  • EU/EEA:

if you are in the European Union / European Economic Area, we provide further details about your rights under the GDPR in Section 17 below.

  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 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 policy 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 NOTICE 

We may amend this 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 Notice will be effective 10 days after our posting of the updated 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 Notice.

  1. CONTACT US

612-400-9000

info@1mw.com

  1. ADDITIONAL INFORMATION FOR CERTAIN JURISDICTIONS

California Residents.

In this section, we provide information for California residents, as required under California privacy laws, including the California Consumer Privacy Act (“CCPA”), which requires that we provide California residents certain specific information about how we handle their personal information, whether collected online or offline. This section does not address or apply to our handling of publicly available information made lawfully available by state or federal governments or other personal information that is subject to an exemption under the CCPA.

Categories of personal information that we collect and disclose.

Our collection, use and disclosure of personal information about a California resident will vary depending upon the circumstances and nature of our interactions or relationship with such resident. The table below sets out generally the categories of personal information (as defined by the CCPA) about California residents that we collect how we may disclose these categories to others for a business purpose.

Categories of personal information collected 

Third Parties to Whom We May Disclose for a Business Purpose

Identifiers:

direct identifiers such as a real name, alias, address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver‘ s license number, passport number, or other similar identifiers. 

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • real estate professionals
  • advertising networks
  • data analytics providers
  • social networks
  • operating systems and platforms

Customer Records:

paper and electronic customer records containing personal information, which you provide to us in order to access or use our Services, such as name, digital signature, address, telephone number, email and other contact information, government identifiers, financial and payment information.

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • real estate professionals
  • operating systems and platforms

Characteristics of Protected Classifications:

such as disability and health information (e.g., which we may collect in order to, for example, make accommodations available to you at events we host).

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries

Commercial Information:

including records of real property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies.

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • real estate professionals
  • data analytics providers
  • social networks
  • operating systems and platforms

Usage Data:

internet or other electronic network activity Information including without limitation browsing history, search history, and information regarding a consumer‘ s interaction with an Internet website, application, or advertisement.

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • real estate professionals
  • advertising networks
  • data analytics providers
  • social networks

Geolocation Data:

precise geographic location information about a particular individual or device.

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • real estate professionals
  • operating systems and platforms

Audio, Video and other Electronic Data:

audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage and thermal screenings (e.g., collected from visitors to our offices), photographs, and call recordings.

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • real estate professionals
  • affiliates and subsidiaries

Employment History:

professional or employment-related information.

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • real estate professionals
  • affiliates and subsidiaries

Education Information:

education history and background.

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • real estate professionals
  • affiliates and subsidiaries

Inferences:

Inferences drawn from any of the information identified above to create a profile reflecting a resident‘ s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

  • service providers
  • advisors and agents
  • government entities and law enforcement
  • affiliates and subsidiaries
  • real estate professionals
  • advertising networks
  • data analytics providers

In addition, we may disclose any of the categories of personal information we collect about you to other third parties as directed by or consented to by you, or where necessary to fulfil your specific requests.

Categories of Personal Information Sold.

The CCPA defines a "sale" broadly as to include disclosing or making available personal information to a third-party in exchange for monetary or other valuable consideration. While we do not disclose personal information to third parties in exchange for monetary compensation from such third parties, we may “sell” certain categories of personal information as defined by the CCPA. For example, we may share Identifiers, Usage Data, Customer Records, Commercial Information and Profiles with our affiliates and subsidiary companies (e.g., so that they may improve or enhance their own records and for other purposes). We also may make Identifiers, Usage Data and Commercial Information available to ad networks and data analytics providers (via cookies and tags on certain of our websites) in order to improve and measure our ad and marketing campaigns).

Sources of Personal Information.

As further described in the Our Collection of Personal Information section above, we may collect personal information from the following sources:

  • directly from the individual
  • real estate professionals, including brokers and independent agents of 1MW brands
  • property records
  • public records
  • advertising networks
  • data analytics providers
  • social networks
  • government entities
  • data brokers
  • affiliate and subsidiary companies

Rights of California Residents.

In general, California residents have the following rights under the CCPA:

Do-Not-Sell (opt-out):

to opt-out of our sale of their personal information. While we may “sell” personal information about California residents as defined by the CCPA, we do not sell personal information about residents who we know are younger than 16 years old. California residents may opt out of sales of their personal information by us as set forth below.

Right of Deletion:

to request deletion of their personal information that we have collected about them and to have such personal information deleted, subject to certain exceptions.

Right to Know:

with respect to the personal information that we have collected about them in the prior 12 months, to require that we disclose the following to them (up to twice per year and subject to certain exemptions):

  • categories of personal information collected;
  • categories of sources of personal information;
  • categories of personal information about them we have disclosed for a business purpose or sold;
  • categories of third parties to whom we have disclosed for a business purpose or sold their personal information;
  • the business or commercial purposes for collecting or selling their personal information; and
  • a copy of the specific pieces of personal information we have collected about them.

Right to non-discrimination:

the right not to be subject to discriminatory treatment for exercising their rights under the CCPA.

Submitting Requests.

Do-Not-Sell (Opt-out) Requests, Requests to Know, and Requests to Delete may be submitted.

We will respond to verifiable requests received from California residents as required by law. When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must complete all required fields on our webform (or otherwise provide us with this information via the above toll-free number) so that we can process and verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual by contacting us via email or phone; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.

Financial Incentives.

If we may make available certain programs or offerings that are considered “financial incentives” under the CCPA, we will provide notice of the material terms of such incentives and obtain consent from individuals before including them in such incentive programs.

Rights Under California Shine the Light Law.

California residents may request from businesses with whom they have an established business relationship (1) a list of categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties during the immediately preceding calendar year for the third parties‘ direct marketing purposes and (2) the names and addresses of all such third parties. To request the above information please contact us by writing to us under the “Contact Us” section above. We will respond to such requests within 30 days of receipt. 

For more information about our privacy practices, contact us as set forth in the "Contact Us" section above.

European Union / European Economic Area and the United Kingdom

The GDPR (where applicable), gives data subjects the following rights regarding their personal information:

  • Right of access:

You have the right to obtain from us confirmation as to whether or not personal information concerning you is being processed, and where that is the case, to request access to the personal information. The accessed information includes – among others - the purposes of the processing, the categories of personal information concerned, and the recipients or categories of recipient to whom the personal information have been or will be disclosed. You have the right to obtain a copy of the personal information undergoing processing. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

  • Right to rectify and complete personal information:

You can request the rectification of inaccurate data and the completion of incomplete data. We will inform relevant third parties to whom we have transferred your data about the rectification and completion if we are legally obliged to do so.

  • Right to erasure (right to be forgotten):

You have the right to obtain from us the erasure of personal information concerning you in limited circumstances where:

    • it is no longer needed for the purposes for which it was collected; or
    • you have withdrawn your consent (where the data processing was based on consent); or
    • following a successful right to object; or
    • it has been processed unlawfully; or
    • the data has to be erased in order to comply with a legal obligation to which we are subject.

  We are not required to comply with your request to erase personal information if the processing of your personal information is necessary for:

  • compliance with a legal obligation; or
  • the establishment, exercise or defense of legal claims.
  • Right to restriction of processing:

You have the right to obtain from us restriction of processing your personal information. In this case, the respective data will be marked and only be processed by us for certain purposes. This right can only be exercised where:

    • the accuracy of your personal information is contested, to allow us verify its accuracy; or
    • the processing is unlawful, but you do not want the personal information erased; or
    • it is no longer needed for the purposes for which it was collected, but you still need it to establish, exercise or defend legal claims; or
    • you have exercised the right to object, and verification of overriding grounds is pending.

We can continue to use your personal information following a request for restriction, where:

    • we have your consent; or
    • to establish, exercise or defend legal claims; or
    • to protect the rights of another natural or legal person.
  • Right to data portability:

You have the right to receive the personal information concerning you, which you have provided to us, in a structured, commonly used and machine-readable format and you have the right to transmit those data to another entity without hindrance from us, but in each case only where the processing is (a) based on your consent or on the performance of a contract with you, and (b) also carried out by automated means.

  • Right to object:

You have the right to object at any time to any processing of your personal information which has our legitimate interests as its legal basis. You may exercise this right without incurring any costs. If you raise an objection, we have an opportunity to demonstrate that we have compelling legitimate interests which override your rights and freedoms. The right to object does not exist, in particular, if the processing of your personal information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

  • Right to object to our use of your personal information for direct marketing purposes:

You can request that we change the manner in which we contact you for marketing purposes. You can request that we not transfer your personal information to unaffiliated third parties for the purposes of direct marketing or any other purposes. 

  • Right to withdraw consent:

If you have given us your consent for the processing of your personal information, you have the right to withdraw your consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal.

  • Right to obtain a copy of safeguards:

You can ask to obtain a copy of, or reference to, the safeguards under which your personal information is transferred outside the EU/EEA. We may redact data transfer agreements to protect commercial terms.

  • Right to lodge a complaint with your local supervisory authority:

You have a right to lodge a complaint with your local supervisory authority if you have concerns about how we are processing your personal information. We ask that you please attempt to resolve any issue with us first, although you have a right to contact your supervisory authority at any time. 

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