Privacy Policy

LAST UPDATED: [10/30/2023]

Privacy Policy

This privacy policy (“Privacy Policy”) describes the information collection practices that MyEListing, LLC (“MEL,” “we,” “us,” or “our,”) follow when handling Personal Information (defined below) that we collect or receive in conducting our business, including through our services, content, and website (the “Site”), as further explained below.

California Users. If your Personal Information is subject to the California Consumer Privacy Act, and subsequently amended by the California Privacy Rights Act (“CPRA”), please review this Privacy Policy and see the sections below regarding California Resident Rights and Data Rights under CPRA.

Nevada Users. If the information we collect from or about you is subject to Nevada’s data privacy law, Nevada Revised Statutes § 603A.300 et seq. (with any implementing regulations and as may be amended from time to time, “Nevada Privacy Law”), please review this Privacy Policy and see the section below regarding Nevada Residents for a description of right under and other information related to the Nevada Privacy Law.

Virginia Users. If your Personal Information is subject to the Virginia Consumer Data Protection Act (“VCDPA”), please review this Privacy Policy and see the section below regarding Data Rights under VCDPA for a description of your rights under and other information related to the VCDPA.

DEFINITIONS

“Data Processor” means a third party that processes Personal Information on behalf of and pursuant to the instructions of MEL.

“Personal Information” means any information relating to an identified individual, or to an individual who can be identified, directly or indirectly, by reference to such information, which may include, an identification number or one or more factors specific to his or her physical, physiological, mental, economic, cultural, or social identity. Without limiting the foregoing, Personal Information does not include information that is de-identified or corporate information that relates to an organization but not to an individual, such as a corporate name, corporate address or general corporate phone number.

INFORMATION WE COLLECT FROM OR ABOUT YOU

Personal Information You Provide To Us. We collect Personal Information that you provide to us through our Site, and in connection with other business dealings we, or our channel sales and business partners, may have with you. Such information may include:

- First and last name

- Company name

- Title

- Email address

- IP address

- Login username and password

- Mailing address

- Telephone number

- Personal preferences regarding services

- Location

Information we automatically collect when you use our services: Some Personal Information is automatically collected when you use our services, such as the following:

- Computer name

- Hostname

- External IP

- OS type

- OS version

Website Usage Information We Collect. In addition to Personal Information that you choose to submit to us, whenever you visit or interact with our Site, we may collect or store information about your interaction with our Site (“Usage Information”). This Usage Information may include:

• your IP address or any other unique identifier assigned to the device that you use to access our Site;

• the functionality and characteristics of your device, including type of browser, operating system and hardware, mobile network information, and in some cases location information;

• the URL that referred you to our Site, if any;

• your activities on our Site, such as which webpages you visit, what terms you searched within our Site, and which links within our Site that you click on; and

• the time of day that you visited our Site and how long your visit lasted.

Usage Information is typically anonymous information; however, if it is combined with your Personal Information in a manner that reasonably allows it to be associated with your identity, or is otherwise considered Personal Information under applicable law, it will be treated as Personal Information under this Privacy Policy.

We use certain common methods and technologies to collect and store Usage Information about your interaction with our Site (“Analytic Technologies”). These Analytic Technologies may be downloaded to the personal computer, laptop, tablet, or mobile phone that you use to access the Site (“Your Device”). The specific Analytic Technologies that we use are as follows:

• Cookies. A cookie is a data file placed on Your Device when you visit our Site. We use cookies only to facilitate the use and navigation of our Site and to remember you and your preferences in case you revisit our Site in the future and to conduct range measurement. Information collected relates to technical information (e.g. your browser, a timestamp, and a unique identifier). Almost all browsers allow blocking of cookies in their entirety, removal of existing cookies, or warning to prevent the placing of a cookie. You can find more information on this functionality in the documentation or in the help file of your browser. Please note that blocking of cookies might impede your use of our Site.

• Do Not Track Policy. Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Site. Just like any other usage information we collect, this information allows us to improve the Site and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of website and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different website. Our Site do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Site and after you leave our Site.

• Web Beacons. A web beacon, including tracking pixels, is a small graphic image or other web programming code, also known as “1×1 GIF” or “clear GIF.” We may download web beacons to Your Device when you access our Site or through email messages that we send to you. Web beacons are used to improve your experience on our Site. Web beacons also help us to understand whether users read email messages and click on the links contained within those messages so that we can deliver relevant content and messages. Our web beacons may collect certain of your contact information (e.g., the email address associated with an email message that contains a web beacon).

• Embedded Scripts. An embedded script is a programming code that is designed to collect information about your interactions with our Site, such as which links within our Site you click on, which type of browser or device you use (e.g., mobile or desktop version). We use such information to enhance the user experience. This code is downloaded onto Your Device when you access our Site and is deactivated or deleted when you leave our Site.

• Google Analytics. We also use a tool called “Google Analytics” to collect information about use of this site. Google Analytics collects information such as how often users visit the Site, what pages they visit when they do so, and what other sites they used prior to coming to ours. We use the information we get from Google Analytics to improve the Site. Google Analytics collects only the IP address assigned to you on the date you visit this site, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics places a permanent cookie on your browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You can prevent Google Analytics from recognizing you on return visits to the Site by disabling cookies on your browser.

HOW WE USE YOUR INFORMATION

• Business Use. We use your Personal Information primarily to facilitate our ongoing and proposed business dealings with you (“Business Use”). This includes to: (1) process business transactions with us that you initiate, including without limitation orders of services and the creation of user profiles; (2) establish and maintain customer accounts so that we may provide services of ours requested by you or your company; (3) register you as a user of these services so that you may access them through our Site or otherwise; (4) communicate with you about updates, maintenance, outages, or other technical matters concerning these services; (5) provide you with training and support regarding usage of these services; (6) notify you about changes to any of the policies and procedures for use of these services; (7) verify the accuracy of account and technical contact information we have on file for you and your company in relation to these services; and (8) respond to questions or inquiries that you or your company may have about our services.

• Legal Compliance. We also may use your Personal Information as required for us to comply with laws and regulations relating to the services that we provide.

• Site Improvements. We may use Usage Information internally within MEL to help us improve our services, or to develop new services.

• Personalization. We may also use your Personal Information to personalize the content of the Site and communications based on your preferences, and to comply with our legal or contractual obligations and to resolve disputes.

• Legal Enforcement. We may use your Personal Information to protect against or deter fraudulent, illegal, or harmful actions and to enforce our terms and conditions of use.

• Marketing Purposes. With your consent or as otherwise permitted by applicable law, we may use your Personal Information for purposes relating to the marketing of our content and services, or those of our business partners (“Marketing Purposes”). This includes to: (1) send you newsletters, press releases, event announcements, and other similar communications regarding the services that we offer; (2) market or promote our services to you, including by offering you trial or limited access to certain of our services; (3) solicit input from you regarding improvement of our services; (4) inform you of third-party offerings that we think you or your company may be interested in which relate to our services; (5) send you announcements or requests on behalf of other customers of ours who believe you would benefit from use of our services; and (6) other purposes that we disclose to you at the time we obtain your consent. You may unsubscribe from these communications at any time.

Data Integrity. You are responsible for the accuracy of all Personal Information that you provide to us. We will use reasonable efforts to maintain the accuracy and integrity of your Personal Information, and to update that information as appropriate. We will take reasonable steps to ensure that the Personal Information we collect from you is relevant to its intended use, and that it is used only in ways that are compatible with the purposes for which it was collected or otherwise authorized by you.

WITH WHOM WE MAY SHARE INFORMATION

We may share your Personal Information with customers, data processors, and partners, as described below, and with other third parties for purposes disclosed to you at the time you provided the information, or as subsequently authorized by you. From time to time, we also may offer you the option of sharing your Personal Information with third parties in order to receive information and/or marketing offers from them or other persons. If you consent to the sharing of your Personal Information for these purposes, it will be subject to the privacy policies and business practices of those third parties. If you later decide that you no longer want us to share Personal Information with such third parties, please contact us as indicated below under the section “CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES.” We will process your request in a reasonable period of time. Note, however, that if you no longer wish to receive communications from a third party which has already received your Personal Information from us, you will need to contact that third party directly to inform them of this.

Customers. We share your Personal Information with MEL customers, including commercial real estate agents and brokerages, vendors related to commercial real estate, and others. All such sharing is subject to your first consenting to such disclosure. If you consent to the sharing of your Personal Information with our customers, it will be subject to our privacy policy and terms of use.

Data Processors. We may, from time to time, employ data processors to perform services on our behalf, such as: (1) hosting our Site; (2) designing or operating certain features available through our Site; (3) sending emails and other communications relating to our services; (4) fulfilling and processing orders for our services; (5) assisting with promotions; (6) providing analytic services, such as in relation to the tracking of usage of our Site; or (7) performing other administrative services for us. We may provide these data processors with access to your Personal Information in order for them to complete a requested transaction or otherwise perform services for us or for you on our behalf. Prior to allowing our data processors to access your Personal Information, we will enter into a data protection agreement or addendum (“DPA”) with them to ensure that they handle and process the information in accordance with this Privacy Policy and applicable law as instructed by us.

Links to Other Websites and Applications. The Site may contain various links to, as well as plug-ins or widgets from, social media and other third-party website or applications, which may provide additional information, goods, services, and/or promotions. These third-party website or applications are owned and operated independently of MEL and may have their own separate privacy and data collection practices. We are not responsible for the privacy practices of any third party; therefore, you should review their privacy policies and practices prior to interacting with their website or applications, using any of their tools, or sharing any of your Personal Information with them.

Community Forums. Our Site may offer message boards, chatrooms, blogs, and other public areas (“Community Forums”) where you can interact with our employees, other customers, post images, data, requests, questions, comments, suggestions, or other content, including your Personal Information (“User Submissions”). To participate in Community Forums, you may be asked to provide us with your email address, and to agree to the terms of participation for those Community Forums. We use this information to identify you and to contact you, if needed, for the provision of those Community Forums. You may change your email preferences or discontinue your participation in the Community Forums at any time. Your email address will not be visible to other users or shared with third parties. You should be aware that any User Submissions you post to a Community Forum, as well as your username, may be viewed by other members of that forum. If you choose to voluntarily post User Submissions to a Community Forum, be aware that such information is viewable by anyone else on that Community Forum. Think carefully before you post and use caution before disclosing any Personal Information in a Community Forum. We are not responsible for the accuracy, use, or misuse of any User Submission that you disclose or receive through a Community Forum. We might also delete User Submissions without further notice if they include harmful or inappropriate content (e.g., pornographic material, content encouraging vandalism, crime, terrorism, racism, violence, or cruelty), or infringe any third party’s rights or applicable law.

Promotions. We may offer various promotions (“Promotions”) through the Site or elsewhere that may require registration with your Personal Information. If you choose to enter or otherwise participate in a Promotion, your Personal Information may be disclosed to third parties in connection with administration of the Promotion, such as in connection with winner selection, prize fulfillment, and as otherwise required by law. By entering into a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice, and/or likeness in advertising or marketing materials. These rules will be displayed to you during the registration process, and you will be asked for your consent to the respective data processing at that time.

Affiliates and Business Transfers. We may share your Personal Information with our affiliates. Additionally, MEL or any part of its business, including our Site, may be sold at some point in the future. Should this occur, your Personal Information may be transferred to a subsequent owner, co-owner, or operator of the business unit or Site. We also may disclose and transfer your Personal Information in connection with a corporate merger, consolidation, restructuring, the sale of stock or assets, or other corporate change, including, without limitation, during the course of any due diligence process. In all such cases, this Privacy Policy will continue to govern the use and disclosure of such information.

Legal Protections and Law Enforcement. We may access, use, preserve, transfer, and disclose to third parties your Personal Information to: (1) satisfy any applicable law, regulation, subpoena, governmental request, or legal process if, in our good faith opinion, such is required or permitted by law; (2) protect and/or defend this Privacy Policy or other policies or terms of use applicable to our Site, including investigations of potential violations thereof; (3) protect the safety, rights, property, or security of MEL or any third party; and/or (4) detect, prevent, or otherwise address fraud, security issues or breaches, or technical issues. This may include allowing third parties, such as copyright owners, Internet service providers, wireless service providers, and/or law enforcement agencies, to access and use your Usage Information in order to identify you. We may take any of these steps without notice to you to the extent permitted by law.

CHOICE AND UPDATING YOUR INFORMATION AND PREFERENCES

Upon your request, we will grant you access to your Personal Information that we hold, as well as such other related rights as are provided by applicable law. If you are a California or Nevada resident, please review the sections below entitled “California Residents” and “Nevada Residents,” respectively, for further description of your rights. We reserve the right to take reasonable steps to authenticate the identity of any individual seeking access to Personal Information. We may provide web pages or other mechanisms on our Site through which you can update subscription preferences. You can also contact us to update your Personal Information or change your preferences. Our contact information for these purposes is by email at support@myelisting.com. If you receive a marketing communication from us by email, you may also opt out of receiving future email marketing communications by following the opt-out instructions provided in that email. Please note that we reserve the right to send you certain communications relating to transactions you initiate, your customer account, your use of our Site, or other business matters, and that these communications may be unaffected if you choose to opt-out from marketing communications.

In accordance with our routine record keeping and applicable law, we may delete certain records that contain your Personal Information. We are under no obligation to store such information indefinitely, and we disclaim any liability arising out of, or related to, the destruction of that information. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. Also, if you have posted any User Submissions to a Community Forum, these communications cannot generally be removed.

INFORMATION SECURITY

We will take reasonable precautions to protect your Personal Information in our possession from loss, misuse, and unauthorized access, disclosure, alteration or destruction. We will make reasonable efforts to keep your Personal Information reliable for its intended use, accurate, current and complete. As necessary, we will take additional precautions regarding the security of particularly sensitive information, such as credit card information. While we strive to secure your Personal Information, we cannot warrant or guarantee that this information will be protected under all circumstances, including those beyond our reasonable control.

ENFORCEMENT

We will conduct periodic internal compliance audits of our relevant privacy practices to verify adherence to this Privacy Policy. We encourage you to raise any questions or concerns that you may have about the way we process your Personal Information by contacting us at the address set forth below. We commit to resolve questions and complaints about your privacy and our collection or processing of Personal Information about you. If you believe that we are not complying with the terms of this Privacy Policy or other legal requirements, you should first contact us by email at support@myelisting.com. We will investigate and will do our best to internally resolve any complaints and disputes you bring to our attention regarding the use and disclosure of your Personal Information.

CHILDREN

The Site are intended for business use. We do not knowingly collect or solicit Personal Information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Site or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at support@myelisting.com or via web form submission.

RIGHTS OF CALIFORNIA RESIDENTS

California enacted the CCPA in 2018 and subsequently amended under the California Privacy Rights Act (“CPRA”), effective January 1, 2023. The CPRA imposes certain obligations on us and grants certain rights to California residents (“California Resident,” “you” or “your”) with regard to “personal information” (as defined under the CPRA). If you are a California Resident, please review the following information about your potential rights with regard to your personal information under the CPRA. The rights described herein are subject to exemptions and other limitations under applicable law.

Terms used in this section have the meaning ascribed to them in the CPRA. MEL is a “business.” For purposes of this section only and with regard to California residents only, Personal Information includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a California resident or a household. It does not include de-identified information, aggregate consumer information, or publicly available information, as those terms are defined in the CPRA.

Our Collection and Use of Personal Information. In the preceding 12 months, we may have collected from or about you all of the categories of Personal Information and from all of the sources listed the section entitled “INFORMATION WE COLLECT FROM OR ABOUT YOU.” We may collect, use, or sell Personal Information for the business or commercial purposes listed above in the section entitled “WITH WHOM WE SHARE INFORMATION.”

Our Disclosure and Sharing of Personal Information. We may disclose your Personal Information to our service providers or other entities that have agreed to limitations on the use of your Personal Information or that fit within other exemptions or exceptions in or as otherwise permitted by the CPRA or other applicable laws.

We also sell Personal Information within the meaning of the CPRA, but we do not sell Personal Information of minors under 16 years of age.

In the preceding 12 months, we may have (a) sold, or (b) disclosed for a business purpose, the following categories of Personal Information to the following categories of third parties:

Identifiers, California Customer Records personal information categories, Commercial Information, Internet or other similar activity, Geolocational Data, and Professional or Employment-related information.

DATA RIGHTS UNDER CALIFORNIA PRIVACY RIGHTS ACT AND VIRGINIA CONSUMER DATA PROTECTION ACT

Your Data Rights: You may have certain data rights under the California Privacy Rights Act (“CPRA”) or the Virginia Consumer Data Protection Act (“VCDPA”), including the right to (1) request to know more about the categories and specific pieces of personal information we collect, use and disclose, (2) request deletion of your personal information, (3) opt out of any sales of your personal information that may be occurring, and (4) not to be discriminated against for exercising these rights.

The rights to know and delete are subject to our being able to reasonably verify your identity and authority to make these requests. To verify your identity when you submit a request, we will ask you to provide two or three pieces of personal information to confirm in our records.

Additionally, you may have the right to opt out of the processing of your personal data for targeted advertising, as defined by the VCDPA, or the sharing of your personal information for cross-context behavioral advertising, as defined by the CPRA. You may also have the right to appeal the denial of any of these rights by submitting a form that will be provided to you if we deny a data request. Depending on your data choices, certain services may be limited or unavailable.

Sale of Personal Information. MEL sells the personal information of consumers as set forth above in the section entitled Rights of California Residents. In addition, we allow our advertising partners to use Cookies and other Tracking Technologies to collect Personal Information about you to show ads targeted to your interests. To opt out of having your Personal Information used for targeted advertising purposes, please see Advertising and Analytics above.

Sensitive Personal Information Disclosure. The categories of data that MEL collects and discloses for a business purpose does not include "sensitive personal information" as defined under the California Privacy Rights Act.

CPRA Retention Disclosure. We keep your Personal Information to enable your continued use of MEL services, for as long as it is required to fulfill the relevant purposes described in this Privacy Policy, as permitted or as may be required by law, or as otherwise communicated to you. For example, we retain your transaction history so that you can review past purchases (and repeat orders if desired) and what addresses you have shipped orders to, and to improve the relevance of products and content we recommend.

CPRA Non-discrimination Statement. MEL will not discriminate against any consumer for exercising their rights under the CPRA.

VCDPA De-identified Data Disclosure. MEL may use de-identified data in some instances. MEL either maintains such data without attempting to re-identify it or treats such data as personal data subject to applicable law.

How to Submit a Request Under the CPRA or VCDPA. If your Personal Information is subject to the CPRA or VCDPA, you may submit these requests by emailing us at support@myelisting.com Or via online form submission form. To the extent we sell your Personal Information as the term “sell” is defined under the CPRA, you have the right to opt-out of the sale at any time. You may submit a Request to Opt-Out by sending an email to support@myelisting.com. You may also authorize someone to exercise these rights on your behalf. To do so, we require signed permission. If we receive your request from an authorized agent, we may ask for evidence that you have provided such agent with power of attorney or equivalent document that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.

If you are an authorized agent seeking to make a request, please contact MEL at support@myelisting.com. Once we have a copy of the valid signed authorization, your designated representative/authorized agent will be able to exercise these rights with respect to the account(s) listed on such authorization for the life of the account, unless there is a specified term or expiration date on the authorization form. Any information gathered as part of the verification process will be used for verification purposes only. Responses to verifiable consumer requests will be delivered through your online account with us or, if you do not have an account, by postal mail or email.

NEVADA RESIDENTS

Nevada law gives Nevada residents the right to opt-out of the “sale” of certain Personal Information, provided certain requirements are met. Terms used in this section shall have the meaning ascribed to them in the Nevada Privacy Law. For purposes of this section only and with regard to Nevada residents only:

● Personal Information means any one or more of the following items of personally identifiable information about a consumer collected by an operator through an Internet website or online service and maintained by the operator in an accessible form: (i) first and last name; (ii) home or other physical address which includes the name of a street and the name of a city or town; (iii) electronic mail address; (iv) telephone number; (v) social security number; (vi) identifier that allows a specific person to be contacted either physically or online; or (vii) any other information concerning a person collected from the person through the Internet website or online service of MEL and maintained by MEL in combination with an identifier in a form that makes the information personally identifiable.

● “Sale” means the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons.

To exercise this right, please send an email to support@myelisting.com and including “Nevada Do Not Sell Request” in the subject line. You may also submit a request via online form submission.

PLEASE PRINT A COPY OF THIS PRIVACY POLICY FOR YOU RECORDS, AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THIS PRIVACY POLICY.