LAST UPDATED: March 25, 2022
To Whom Privacy Policy Applies
This Privacy Policy applies to all users of the K&E Realty Sites and Services, as defined below, unless you reside in a geographic area for which K&E Realty has a separate privacy policy.
Who We Are
K&E Realty company for a technology enabled global real estate business. Within this policy document, K&E Realty together with its subsidiaries are referred to collectively as “K&E Realty.” K&E Realty is committed to protecting your privacy. This Privacy Policy defines the Personal Information and Usage Information (each as defined below) that we collect and describes how that information is collected, stored, used, and shared. This Privacy Policy also describes your choices regarding our use of that information, the steps we take to protect your Personal Information and how you can review and correct your Personal Information.
This Privacy Policy does not apply to information about you that we receive indirectly from our independent contractors which includes K&E Realty real estate agents.
If you have a privacy question, you may contact our Privacy Officer any time at info@KandE.Realty or by using our request form. You may also submit an inquiry to our Privacy Officer via telephone at (833) 269-5885. We appreciate the opportunity to address your questions and concerns. Our Data Values At eXp, privacy is a priority.
K&E Realty, Inc. and its affiliates, all of which are based in the United States (collectively, “K&E Realty,” “we,” or “us”), want you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect about you through:
Our website at https://www.KandE.Realty and other websites and K&E Realty-branded web-based applications we operate from which you are accessing this Privacy Policy (collectively, the “K&E Realty Websites”),
the K&E Realty Real Estate mobile application and other K&E Realty-branded mobile applications made available by us on or through mobile devices (collectively, the “K&E Realty Apps”),
HTML-formatted email messages that we send to you that link to this Privacy Policy, and offline interactions you have with us.
Collectively, we refer to the K&E Realty Websites, the K&E Realty Apps, our emails, and offline interactions as the “Services.”
Purpose driven. Except as may be provided in any Attendee Terms (defined below), we only collect, use, and share the information we need to provide and operate our solutions and to help our customers have the best experience with our staff and our services.
Responsible use. We help to promote responsible data use and stewardship among the agents, businesses, and suppliers we partner with around the world.
Your Rights You have six basic rights under privacy and data protection laws related to the data we process about you. You may exercise those rights through our request form and hyperlink or by contacting us via telephone. You do not have to pay a fee, and we will aim to respond to your request within 30 days or the specific timeframe required by the laws applicable to Personal Information about you. We will honor the requests you make related to your rights as the law allows, which means in some cases there may be legal or other official reasons that we may not be able to address the specific request you make related to your rights. You may:
request access to the Personal Information we process about you;
request that we correct inaccurate or incomplete Personal Information about you;
request deletion of Personal Information about you;
request restrictions, temporarily or permanently, on our processing of some or all Personal Information about you;
request transfer of Personal Information to you or a third party where we process the data based on your consent or a contract with you, and where our processing is automated; and
opt-out or object to our use of Personal Information about you where, either:
our use is based on your consent or our legitimate interests, or
you do not want us to share with third parties data related to cookies and similar technologies for website functionality or advertising purposes.
Types of Information Collected
eXp, and any third party we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining, and providing internal support for the Services, may collect two types of information when you use the Services: Personal Information and Usage Information.
Personal Information: Generally, you can access the Services without entering any Personal Information. In certain cases, we may ask you for Personal Information to provide a service or carry out a transaction that you have requested, or if you choose to set up a User Account (defined below). We may collect and use the below referenced Personal Information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The types of information we collect may include, among other things, the following categories of information (collectively, “Personal Information”):
contact information, such as name, title, company/organization name, email address, screen name, password, telephone and facsimile numbers, license number, and postal address;
demographic information, such as date of birth, nationality and country of residence, which allows us to determine your eligibility under certain regulations to receive certain information;
your company name, title, and other information about your company and job function;
your marketing communication preferences;
the contents of any communication you send us;
the specific products or services ordered or requested by you;
event registration information;
feedback from you about the Services and our products and services generally;
we may request information when you report a problem with our Services;
financial information, such as bank account and credit/debit card numbers;
information necessary to provide a service or carry out a transaction that you have requested; and
other information specific to you which you voluntarily provide to us. If you choose not to provide certain information, we may not be able to provide the requested service or complete your transaction.
Usage Information: The types of usage information we collect may contain anonymous information about your visit to the K&E Realty Site, such as the following categories of information (collectively, “Usage Information”):
Internet Protocol (or “IP”) address, protocol, and sequence information;
browser language and type;
domain name system requests;
material and pages viewed;
time and date of access to the K&E Realty Site and Services;
number of bytes transferred;
number of clicks per visit;
operating system and platform, device type, and device identifiers;
hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data; and
MAC address, device ID / UDID, or similar device-specific code.
We collect Usage Information using the following technologies:
Cookies: From time to time, we may use “cookies” to keep track of your visit to and use of the Services. Cookies are small files that websites save to your hard disk or to your browser’s memory. We may use them to track the number of times you have visited the site, to track the number of visitors to the K&E Realty Sites, to determine and analyze your use of the Services, to store information that you provide such as your preferences, and to store technical information useful for your interactions with our websites. We may use session cookies (cookies that are deleted when your browser session ends) to store your User Account, elements of your user profile, to facilitate your movement around the Services (particularly in connection with information searches and order placement) and other information useful in administering the session. You have the ability to accept or decline cookies. Most Internet browsers automatically accept cookies, but you may be able to modify your browser settings to reject cookies or to notify you when a cookie is being placed on your computer. If you choose not to allow cookies, the K&E Realty Sites or Services may not operate as expected.
Web Analytics: K&E Realty uses industry standard third-party web analytics providers to track visits to the K&E Realty Sites and usage of the Services.
Web Beacons: Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as Web Beacons (sometimes referred to as ‘clear gifs’). Web Beacons collect only limited non-personal information that includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. We may include Web Beacons in promotional email messages or newsletters in order to determine whether messages have been opened and acted upon. We may place, and allow certain third parties to place, technological tools, such as tags and beacons, or code scripts that are primarily used to track visitors’ activities on the K&E Realty Sites by web analytics software, IP addresses, and other tools, to collect your data for the purposes listed in this Privacy Policy.
Unique Identifier: We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the K&E Realty Sites and some of the electronic communications you receive from us. Except as may be provided in any Attendee Terms, we keep this information for our internal use, and this information is not shared with others.
How We Collect Personal Information About You How we collect Personal Information from you depends on how you interact with us. Please note that you can interact with K&E Realty in more than one way. In that case, how we collect Personal Information from you may be addressed in multiple columns in the table below.
If you are a consumer or customer and/or you visit the K&E Realty Sites or use the Services we provide:
When you use the K&E Realty Sites and Services, we collect the following Personal Information about you:
Some K&E Realty Sites may allow you to set up accounts to participate in our Services and online communities (your “User Account”). When you setup a User Account, we collect your name, email address, phone number, your property search parameters, the specific properties you save or favorite while using your User Account, and any information you voluntarily enter for a particular property, such as to request a showing, complete the property scorecard, or enter notes for a particular property on an K&E Realty Site;
If you enter an K&E Realty Site with a User Account, we may connect your browsing history (including but not limited to time spent at the K&E Realty Site, time and date of your visit, and links you click), number of bytes transferred, the material and pages you accessed, the number of clicks, and other actions taken at the K&E Realty Site with your identity to determine your potential interests in our products and services.
when you use our Services, we may collect your name, address, email address, phone number, and the specific services you have requested;
when you complete a form on the K&E Realty Site, ask to sign up for our mailings or updates, or send us a communication, we may collect your name, email address, phone number, and the specific contents of your communication to us. For example, if you send us a question about a particular property, we may retain a copy of your request;
if you interact with us on social media, we may collect your social media account username and the contents of your interaction with us; and
from our partners or service providers we may receive your name, email address, phone number, information you enter to search for properties or agents, your User Account information, and any other information you voluntarily provide to our partners or service providers.
When you use the K&E Realty Sites or Services, we also collect Usage Information from your device.
USE OF PERSONAL INFORMATION
We and our service providers use Personal Information for legitimate business purposes including:
Providing the functionality of the Services and fulfilling your requests.
To provide the Services’ functionality to you, such as arranging access to your registered account and providing you with related user support services.
To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions or comments, or when you request other information about our Services.
To send administrative information to you, such as changes to our terms, conditions and policies.
To allow you to send messages to another person through the Services if you choose to do so.
We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.
Providing you with marketing materials and facilitating social sharing
To send you marketing related emails with information about our services, new products, and other news about our company.
To facilitate social sharing functionality that you choose to use.
We will engage in this activity with your consent or where we have a legitimate interest.
Analysis of Personal Information for business reporting and providing personalized services.
To analyze or predict our users’ preferences in order to prepare aggregated trend reports, so we can improve our Services.
To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.
To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.
Allowing you to participate in sweepstakes, contests or other promotions.
We may offer you the opportunity to participate in a sweepstakes, contest or other promotion.
Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information. Please read those additional rules before choosing to participate.
We use this information to manage our contractual relationship with you.
Aggregating and/or anonymizing Personal Information.
We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.
Accomplishing our business purposes.
For data analysis, for example, to improve the efficiency of our Services;
For audits, to verify that our internal processes function as intended and to address legal, regulatory or contractual requirements;
For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
For developing new products and services;
For enhancing, improving, or modifying our current products and services;
For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;
For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and
For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.
We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or based on our legitimate interests.
DISCLOSURE OF PERSONAL INFORMATION
We disclose Personal Information:
To our affiliates for the purposes described in this Privacy Policy.
To our third-party service providers, to facilitate services they provide to us.
These can include providers of services such as data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, user support service, email delivery, auditing, and other services.
To our K&E Realty agents, brokers, and market centers where you have requested such sharing or inquired about a property.
To third party sponsors of sweepstakes, contests, and similar promotions.
To our third-party business partners.
We may share your Personal Information with selected third-party business partners for our partners’ own business purposes, including to enable them to send information about products and services that may be of interest to you, consistent with your choices. Please refer to “Choices and Access” below, for information about the choices we offer concerning such sharing.
By using the Services, you may elect to disclose Personal Information.
On message boards, chat, blogs, and other services to which you are able to post information and content. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.
OTHER USES AND DISCLOSURES
We also use and disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate interest to do so:
To comply with applicable law and regulations.
This may include laws outside your country of residence.
To cooperate with public and government authorities.
To respond to a request or to provide information we believe is important.
These can include authorities outside your country of residence.
To cooperate with law enforcement.
For example, when we respond to law enforcement requests and orders or provide information we believe is necessary or appropriate.
For other legal reasons.
To enforce our terms and conditions; and
To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
In connection with a sale or business transaction.
We have a legitimate interest in disclosing or transferring your Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).
OTHER INFORMATION
“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual. The Services collect Other Information such as:
Browser and device information
App usage data
Information collected through cookies, pixel tags and other technologies
Demographic information and other information provided by you that does not reveal your specific identity
Information that has been aggregated in a manner such that it no longer reveals your specific identity
COLLECTION OF OTHER INFORMATION
We and our service providers may collect Other Information in a variety of ways, including:
Through your browser or device
Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. We use this information to ensure that the Services function properly.
Through your use of K&E Realty Apps
When you download and use K&E Realty Apps, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
Using cookies
Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. 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 further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. Relatedly, advertising networks may collect personal information by using cookies, and most advertising networks offer you a way to opt-out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there. We do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website. Please refer to your web browser’s documentation for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from us that are relevant to your interests and needs. You can learn more about our cookie policy here: http://www.K&E Realty.com/K&E Realty/cookie-policy.html
Using pixel tags and other similar technologies
Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.
Analytics. We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services 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 exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
Physical Location
We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.
USES AND DISCLOSURES OF OTHER INFORMATION
We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
SECURITY
We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, or if you believe you have identified a security vulnerability, please immediately notify us in accordance with the “Contacting Us” section below.
CHOICES AND ACCESS
Your choices regarding our use and disclosure of your Personal Information
We give you choices regarding our use and disclosure of your Personal Information for marketing purposes. You may opt-out from:
Receiving marketing-related emails from us: If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out
Our sharing of your Personal Information with our affiliates for their direct marketing purposes: If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt-out.
Our sharing of your Personal Information with our third-party business partners for their direct marketing purposes: If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our business partners for their direct marketing purposes, you may opt-out.
TO OPT-OUT – Please contact us at support@K&E Realty.com for assistance with the above. We will 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.
HOW YOU CAN ACCESS, CHANGE OR DELETE YOUR PERSONAL INFORMATION
If you would like to request to review, correct, update, suppress, restrict or delete Personal Information, object to the processing of Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may update your information by emailing us at DSAR-K&E Realty@K&E Realty.com We will respond to your request consistent with applicable law. If you are a California resident, please refer to the “California Consumer Privacy Notice” at the end of this Policy for more information about the requests you may make under California law.
In your request, 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. For your protection, we may only implement requests 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 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 (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase).
If you are a resident of California, under 18 and a registered user of the Services, you may ask us to remove content or information that you have posted to the Services by contacting us in accordance with the “Contact Us” section below. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.
RETENTION PERIOD
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
The criteria used to determine our retention periods include:
The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
THIRD PARTY SERVICES
This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Apple, Google, Microsoft, RIM or any other app developer, app provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Services.
With respect to K&E RealtyRI’s Command mobile application, a K&E Realty App, use and transfer to any other application of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
USE OF SERVICES BY MINORS
The Services are not directed to individuals under the age of 16, and we do not knowingly collect or solicit Personal Information from individuals under the age of 16. Please email us at legal@K&E Realty.com if you believe we collected personal information from an individual under the age of sixteen (16).
JURISDICTION AND CROSS-BORDER TRANSFER
Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, including potentially being transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.
ADDITIONAL INFORMATION REGARDING THE EUROPEAN ECONONIC AREA (EEA): Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.
SENSITIVE INFORMATION
Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, payment card or account information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to us.
UPDATES TO THIS PRIVACY POLICY
The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.
CONTACTING US
K&E Realty, Inc., located at 17806 IH10 W Suite 300 PMB 6613 San Antonio TX 78257, is the company responsible for collection, use and disclosure of your Personal Information under this Privacy Policy.
If you have any questions about this Privacy Policy, please contact us at legal@K&E Realty.com or:
17806 IH10 W Suite 300 PMB 6613 San Antonio TX 78257
Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.
ADDITIONAL INFORMATION REGARDING THE EEA
You may lodge a complaint with an EU/EEA data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at: https://edpb.europa.eu/about-edpb/about-edpb/members_en
CALIFORNIA CONSUMER PRIVACY ACT NOTICE
ADDENDUM TO K&E Realty, INC. PRIVACY POLICY
Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), K&E Realty, Inc. and its affiliates (”K&E Realty,” “we” or “us”) are providing the following details regarding the categories of Personal Information that we collect, use, and disclose about California residents. Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked with a particular California resident or household
SOURCES OF PERSONAL INFORMATION
We collect Personal Information from:
Our interactions with you, such as when you use our websites or applications, contact us online or on the phone, sign up for a newsletter, register an account, purchase a product or service, or attend one of our events; and
Our affiliates, third-party providers of software applications made available on the K&E Realty Marketplace, and publicly available online sources.
CATEGORIES OF PERSONAL INFORMATION COLLECTED
We may collect, and may have collected within the preceding 12 months, the following categories of Personal Information as listed in the CCPA:
Category A. Identifiers, such as name, contact information, IP address and other online identifiers;
Category B. Personal information, as defined in the California customer records law, such as name, contact information, payment card number, financial information, employment information, insurance information, and government-issued ID numbers;
Category C. Characteristics of protected classifications under California or federal law, such as marital status;
Category D. Commercial information, such as transaction information and purchase history;
Category F. Internet or network activity information, such as browsing history and interactions with our website;
Category H. Geolocation data, such as device location;
Category G. Professional or employment-related information; and
Category K. Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
USE OF PERSONAL INFORMATION
We use these categories of Personal Information for the purposes of operating, managing, and maintaining our business, providing our products and services, and accomplishing our business purposes and objectives, including using Personal Information to:
Fulfill your requests, respond to your inquiries, and process your transactions;
Provide, develop, improve, repair, and maintain our products and services;
Provide tools and services to our franchisees and agents;
Personalize, advertise, and market our products and services;
Conduct research, analytics, and data analysis;
Maintain our property and our records, and undertake quality and safety assurance measures;
Conduct risk and security control and monitoring, and detect and prevent fraud;
Perform identity verification, accounting, audit, and other internal functions, such as internal investigations and record-keeping;
Carry out corporate transactions, such as mergers, joint ventures or acquisitions; and
Comply with law, legal process, and internal policies, and exercise and defend legal claims.
DISCLOSURE OF PERSONAL INFORMATION
We have disclosed the following categories of Personal Information as listed in the CCPA to third parties for our operational business purposes within the preceding 12 months:
Category A. Identifiers, such as name, contact information, IP address and other online identifiers;
Category B. Personal information, as defined in the California customer records law, such as name, contact information, payment card number, financial information, employment information,
Category C. Characteristics of protected classifications under California or federal law, such as marital status;
Category D. Commercial information, such as transaction information and purchase history;
Category F. Internet or network activity information, such as browsing history and interactions with our website;
Category G. Geolocation data, such as device location;
Category I. Professional or employment-related information; and
Category K. Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.
We have disclosed these categories of Personal Information to our affiliated entities, trusted third-party service providers, licensed franchisees, and business partners, as well as to our agents, brokers, and market centers where you have requested such sharing.
We have not sold Personal Information, as “sale” is defined in the CCPA.
“Do Not Track” Signals
Your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, K&E Realty currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. We do not monitor or recognize “Do Not Track” mechanisms, settings, and/or signals.
Age Requirements; Children’s Information
The K&E Realty Site and Services are not intended for or designed to attract children under the age of thirteen (13), nor do we knowingly collect Personal Information of anyone under the age of thirteen (13). If we discover we have collected Personal Information of an individual under the age of thirteen (13), we will immediately delete such Personal Information. If you are the parent or legal guardian of a child under the age of 13 and you believe we are in possession of Personal Information of that child, please contact us using the Contact Information provided at the bottom of this Privacy Policy. By using the Services, you affirm that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy. How We Transfer Data Across Country Borders The K&E Realty Sites and the Services are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us will be transferred to and stored in the United States, where the data protection laws may not be as comprehensive as those of your country of residence. If you are visiting us from outside the United States, please note that we may collect, transfer, and continue to use your Personal Information outside of your country of residence for any of the purposes described in this Privacy Policy. By using the Services and providing us with your Personal Information, you consent to our collection, transfer, storage, and continued use of your Personal Information in accordance with this Privacy Policy. How We Transfer Data as a Result of Change in Company Control We reserve the right to transfer your Personal Information, as well as any information about or from you, in connection with the merger, sale, or other disposition of all or part of our business and/or assets. We cannot make any representations regarding the use or transfer of your Personal Information or other information that we may have in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By providing any Personal Information, you expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above-described proceedings. Furthermore, except as required by law, we are not and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us. How We Keep and Secure Your Data
Commitment to Online Security: K&E Realty intends to protect user Personal Information and to maintain its quality. We use commercially reasonable technical, administrative, and physical safeguards and security measures designed to protect your Personal Information from unauthorized access, use, disclosure, loss, misuse, alteration, or destruction. We limit access to your Personal Information to those who have a genuine business need to access it. We have procedures in place to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so. K&E Realty uses encryption when transmitting certain sensitive information. All User Account pages are protected with Secure Socket Layer (“SSL”) encryption.
Security of Username/Password: You are ultimately responsible for ensuring the security of your username, password, and User Account information from unauthorized access, use or disclosure to others. When using the Services, you are not permitted to circumvent the Services’ security features. You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or User Account, and/or any other breach of security; and (b) ensure that you log out from your User Account at the end of each session.
No Liability for Acts of Third Parties: We will exercise all reasonable efforts to safeguard the confidentiality of user Personal Information. However, transmissions protected by industry standard security technology and implemented by human beings cannot be made absolutely secure, and we do not represent or warrant that transmissions will be free from delay, interruption, interception, or error. Consequently, except where precluded by applicable law, K&E Realty shall not be liable for unauthorized disclosure of Personal Information due to no fault of ours, including but not limited to errors in transmission and unauthorized acts of our staff and third parties. You provide Personal Information to us through the Services at your own risk.
Your Personal Information will be retained by K&E Realty only for as long as necessary to accomplish the identified purpose for which it was collected, or as required by law, whichever is longer. If you choose to delete your User Account, or your User Account becomes inactive, information associated with your User Account may remain stored on our servers for a period of time that can vary subject to our data retention policies and legal obligations. When we are no longer required to retain your Personal Information, we will destroy it or render it anonymous.
Links to Other Sites
The K&E Realty Sites and/or Services may now or in the future contain links to other sites such as our Affiliates, professional organizations, service providers, and third-party businesses that advertise on the Services. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites. This Privacy Policy applies only to the K&E Realty Sites and Services and our collection and use of your information. We are not responsible for the information collection practices of other organizations that link to the Services, or to which the Services link. Please refer to the privacy policies of those websites in order to determine their usage of your Personal Information and your rights.
Disclosure of Your Personal Information K&E Realty to perform certain business-related functions and services on our behalf. These Affiliates are provided with information required to perform their specific function, which may include Personal Information. We impose contractual obligations on our Affiliates to limit their use of your Personal Information to those purposes specified in the table, below. Except as may be provided in any Attendee Terms, we do not sell your Personal Information outside of the context provided in the table, below.
If you are a consumer or customer and you visit the K&E Realty Sites or use the Services we provide:
We share Personal Information we collect during your use of the K&E Realty Sites and Services to:
our software and service providers to provide information you requested, such as when you conduct a property search, use a mortgage calculator, or use other third-party features made available through the Services, or to confirm your identity when logging into your User Account;
a local Agent or participating lender, if you have shown an interest in any residential or commercial real properties or requested information about a specific real property; and
our hosting providers may have access to any Personal Information you enter into the Services, such as your name, email address, phone number, and User Account information;
our Affiliates, for purposes of providing services on our behalf and marketing their products and services to you;
we may disclose your name, address, and email address to our email or mailing service provider in order to deliver newsletters, flyers, or marketing to you. We require that these parties agree to process your Personal Information in compliance with our Privacy Policy or in a similar, industry-standard manner. These parties may store some or all of your Personal Information on servers outside of the United States. The use of your information by one of our non-eXp Affiliates may be subject to that party’s own privacy policy;
we may disclose your Personal Information and Usage Information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other users of the Services, or anyone else that could be harmed by such activities;
we may also disclose your Personal Information for the specific purposes you request, as directed by you.
we may disclose your Personal Information to our K&E Realty Event service providers, event coordinators, and sponsors in connection with an K&E Realty Event for which you registered; and
our web analytics providers may have access to your Usage Information in order to analyze certain features of the Services.
Your Consent to This Privacy Policy
By using the Services, you consent to the collection and use of your information, including your Personal Information, by us in compliance with this Privacy Policy, unless you opt out as identified in this Privacy Policy. If we change this Privacy Policy or some part of it, we will post the updated Privacy Policy on this web page with an updated Effective Date so that you will always be able to understand what information we collect, how we use that information, and under what circumstances we may disclose that information to others. Your use of the Services following our publication of any revision to this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you do not consent to the new terms, you must immediately cease use of the K&E Realty Sites and Services. It is your responsibility to regularly review this Privacy Policy for any changes. Accessibility We are committed to making our website and our products accessible for all our users. If you are having difficulty accessing any portion of the K&E Realty Sites or Services, please contact us at the telephone number or e-mail address referenced in the “How to Review and Correct Your Personal Information,” above. Complaints If you have complaints regarding our collection, use, or disclosure of your Personal Information, please contact us at the telephone number or e-mail address referenced in the “How to Review and Correct Your Personal Information,” above. We will investigate all complaints.
We may disclose your Personal Information to our database management provider in order to store your Personal Information for purposes set forth in this Privacy Policy. In certain situations, we may be required to disclose your Personal Information without your consent to:
protect our rights;
prevent or detect fraud or breaches of security;
satisfy local, state, or federal laws;
legal and governmental authorities and other third parties when compelled to do so by law, for example, by court order or subpoena, or by regulation; and
complete a merger or acquisition concerning eXp, or a sale of our assets.
INDIVIDUAL RIGHTS AND REQUESTS
Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide Personal Information or create a User Account, and you may access the K&E Realty Sites and Services without submitting any Personal Information. You may delete your User Account at any time. However, in the event your Personal Information is essential for us to provide certain products or services to you, we will be unable to provide you with those products or services if you choose to withhold requested Personal Information. For example, if you request information about a property but do not provide a means of contact, we will be unable to fulfill your request. Each advertising email communication we send includes an unsubscribe link allowing you to stop delivery of that type of communication. If you elect to unsubscribe, we will remove you from the relevant list within ten (10) business days. You may opt out of any disclosure or use of your Personal Information for purposes for which you originally consented by notifying us by one of the methods at the end of this Privacy Policy, or by following the procedures set forth in an electronic communication from us, if applicable. We will undertake reasonable efforts to notify third parties with whom we have shared your Personal Information as permitted under this Privacy Policy of your election to opt out. If you do not opt out, we may continue to collect, use, and disclose your Personal Information as set forth in this Privacy Policy. There are some uses from which you cannot opt out, such as to provide products or services that you have requested from us.
If you are a California resident, you may request that we:
Disclose to you the following information covering the 12 months preceding your request:
The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
The specific pieces of Personal Information we collected about you;
The business or commercial purpose for collecting (if applicable)Personal Information about you; and
The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
Delete Personal Information we collected from you.
To make a request for the disclosures or deletion described above, please contact us at DSAR-K&E Realty@K&E Realty.com or (877) 507-0072 We will respond to your request consistent with applicable law.
You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.
CHANGES TO THIS CCPA NOTICE
We may change or update this CCPA Notice from time to time. When we do, we will post the revised CCPA Notice on this page with a new “Last Updated” date.
CONTACT US
If you have any questions regarding this CCPA Notice, please contact us at legal@K&E Realty.com.