Privacy Policy
Last modified: September 5, 2023
Introduction
Matthew ("Company,” “Us,” “Our,” or "We") respects Your privacy and is committed to protecting it through Our compliance with this Privacy Policy. Please read this Privacy Policy carefully to understand Our policies and practices regarding the Personal Information We collect from You, how We use it, how We share it, Your rights and choices, and how You can contact Us about Our privacy practices.
This Privacy Policy applies to information We collect:
- Through Your use of the Website, including collection via cookies and other automated data collection technologies.
- Through Your use of Our Services.
- Through Your communications and other interactions with Us, such as emails.
- Through Your completion of a web form hosted by a third party on Our behalf.
- From a third-party advertiser, such as Facebook, Google, or Bing.
Definitions
“Personal Information” means any information that identifies or relates to an individual or can be used in conjunction with other information to identify an individual, whether such information is explicitly regulated by applicable law or otherwise.
“Processing” means any operation or set of operations which is performed on Personal Information, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Information. The terms “Process”, “Processes” and “Processed” will be construed accordingly.
“Service(s)” means (a) general home selling and purchasing advice, (b) information on market conditions, (c) information on availability of homes in the area, and (d) other information and requested services related to the consumer real estate market (individually or collectively, the “Services”). Services do not include anything that is covered by an agreement through which a real estate agent agrees to represent You as a buyer or seller of real estate.
"Terms of Use” means the agreement between You and Us, located at www.delinerealty.com, which governs Your relationship with Us with respect to the Services You have requested from Us and Your use of the Website.
"US State Privacy Laws” means the data privacy laws of California, Colorado, Connecticut, Utah, and Virginia, which are:
- In California: the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (the “CCPA”);
- In Colorado: the Colorado Privacy Act (the “CoPA”);
- In Connecticut: the Connecticut Personal Data Privacy and Online Monitoring Act (the “CPDP”);
- In Utah: the Utah Consumer Privacy Act, which goes into effect on December 31, 2023 (the “UCPA”); and
- In Virginia: the Virginia Consumer Data Protection Act (the “VCDPA”).
“Website” means this website and any sub-domains of this website.
“You” and “Your” mean (i) a recipient of the Services, or (ii) an individual that visits the Website or otherwise communicates with Us who isn’t a recipient of the Services.
Personal Information We Collect and How We Use It
Generally
We collect the following Personal Information about You and use it for the following purposes:
Categories and Types of Personal Information Collected |
Our Purpose for Processing the Information |
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Identifiers, such as a real name, a postal address, an email address, telephone number, IP address, or device information |
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Internet or other similar network activity such as details of Your visits to Our Website, including the type of web browser You use, Your operating system, Your internet service provider, the pages You view, the time and duration of Your visits |
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Inferences drawn from other personal information, including profile reflecting Your preferences. |
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Commercial Information, including records of Services requested. |
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Aggregated, Deidentified, and Anonymized Data
We may create aggregated, deidentified, or anonymized data derived from Our permitted use of Your Personal Information. Such data is not considered Personal Information under US State Privacy Laws; therefore, such data can be used by Us without restriction.
Sensitive Personal Information
We do not collect or Process “sensitive” Personal Information, as that term is defined under US State Privacy Laws.
How We Disclose Your Personal Information
Generally
We disclose the categories of Your Personal Information described below to the following categories of recipients for the following purposes:
Categories and Types of Personal Information Collected |
Categories of Recipients |
Purpose for Disclosure |
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* For the sake of clarity, no mobile information will be shared with third parties/affiliates for their marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Third Party Disclosures
We only disclose Your Personal Information to those third parties that are identified in the table above under the “Category of Recipients” column. Those disclosures to third parties are only made if and to the extent that We have been directed by You to do so pursuant to the Terms of Use, or otherwise. The use and collection of Your Personal Information by those third parties will be in accordance with those third parties’ privacy policies. Links to those third parties’ privacy policies are included in the table above.
Your direction to Us under the Terms of Use may be revoked at any time by following the process set forth in the “Exercising Your Rights” Section of this Privacy Policy or through similar procedures set forth in the third parties’ privacy policies.
Other Purposes for Processing and Disclosing Your Personal Information
We may also Process and disclose Your Personal Information:
- To competent public authority, government, regulatory or fiscal agency where it is necessary to comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or exercise Our rights under any agreement which governs Your relationship with Us, including Our rights under any such agreements that may be exercised for billing and collection purposes.
- If We believe disclosure is necessary or appropriate to protect Our rights, property, or safety, Our customers, or others. This may include the exchange of information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Subject to some restrictions under US State Privacy Laws, We may transfer, whether for consideration or otherwise, Your Personal Information as an asset that is part of a bankruptcy, merger, or other similar transaction involving all or any portion of Our business. Any such transfer does not affect Your rights under US State Privacy Laws.
Sale of Personal Information
We do not sell Your Personal Information.
A transfer, whether for consideration or otherwise, of Your Personal Information as an asset that is part of a bankruptcy, merger, or other similar transaction involving all or any portion of Our business is not a “sale” under the US State Privacy Laws. Any such transfer does not affect Your rights under US State Privacy Laws.
Targeted Advertising / Cross-Context Behavioral Advertising
Generally speaking, “targeted advertising” and “cross-context behavioral advertising” are defined under applicable US State Privacy Laws as the display of an advertisement to You based on Personal Information about You obtained or inferred over time from Your activities across nonaffiliate websites, applications, or online applications. We do not share Your Personal Information with third parties for the purposes of targeted advertising or cross-context behavioral advertising. Additionally, We do not Process Personal Information for Our own targeted advertising or cross-context behavioral advertising purposes. We do not Process Personal Information for the purpose of cross-context behavioral advertising or targeted advertising, as those terms are defined under US State Privacy Laws).
Information We Collect Through Automatic Data Collection Technologies
As You navigate through and interact with Our Website, We and, and in some cases service providers acting on Our behalf, may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns including:
- Details of Your visits to Our Website, including the type of web browser You use, Your operating system, Your internet service provider, Your IP address, that pages You view, the time and duration of Your visits, other communication data, and the resources that You access and use on the Website.
Some of the information that is collected automatically, when viewed in context with other information, may be Personal Information. We use that information to improve Our Website and to deliver better and more personalized Services by enabling Us to:
- Gather and analyze statistics on Website usage, including audience size and usage patterns;
- Store information about Your preferences;
- Speed up Your searches; and
- Recognize You when You return to Our Website.
The technologies We use for this automatic data collection may include:
- Cookies. A cookie is a small file placed on the hard drive of Your computer. The Website uses cookies that collect Personal Information that is used by Us for purposes that are compatible with other purposes for which the Personal Information is collected or processed.
- Web Beacons. Pages of Our Website and Our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Consequences of Not Providing Your Personal Information
Personal Information gathered by Us for the purposes defined in this Privacy Policy may be required by Us, either directly or indirectly, in order for Us maintain a relationship with You; therefore, Your failure to provide Us with Your Personal Information may negatively affect Our ability to:
- Provide Services to You and fulfill Our contractual obligations with You;
- Fulfill legal requirements;
- Enter into a contract with related parties and continuing to contract with those related parties; or
- Maintain contact with You.
Data Security and Storage
We have implemented appropriate security measures that are designed to protect Your Personal Information from unauthorized access, disclosure, use, and modification. We regularly review Our security procedures to consider appropriate new technology and methods. Even so, please be aware that no security measure is perfect. Thus, We cannot guarantee the security of Your Personal information at all times. You should always be vigilant when it comes to the protection of Your Personal Information.
Retention Period
Subject to any opt-out rights You may have and all applicable laws, We retain Your Personal Information for only as long as reasonably necessary to carry out the purposes for which We originally collected it, as set forth in this Privacy Policy. Notwithstanding the foregoing, We may continue to retain Your Personal Information to comply with Our legal and regulatory obligations; to enable fraud monitoring, detection and loss prevention activities; to comply with Our tax, accounting, and financial reporting obligations; and where required by Our contractual commitments to third-parties. The retention period may also depend on the Terms of Use.
Children Under the Age of 16
Our Website and Services are not intended for children under 16 years of age. You may not knowingly or unknowingly provide Us Personal Information of minors under 16 years of age through Your use of the Website or Services. We do not knowingly collect Personal Information from children under 16. We do not sell or share Personal Information of children under age 16. No one under age 16 may provide any Personal Information to Us. If You are under 16, do not use or provide any Personal Information on Our Website or through Our Services. If We learn We have collected or received Personal Information from a child under 16 without verification of parental consent, We will delete that information. If You believe We might have any information from or about a child under 16, please contact Us using the Contact Information provided at the end of this Privacy Policy.
Your Privacy Rights
Depending on Your location and subject to applicable law and certain other limitations, You may have the rights set forth below with respect to Your Personal Information. To exercise any of the following rights, please refer to the “Exercising Your Rights” section at the end of this Privacy Policy.
Right to Know and Data Portability. You have a right to request additional information about the categories of Personal Information collected, sold, disclosed, or shared; purposes for which this Personal Information was collected, sold, disclosed, or shared; categories of sources of Personal Information; and categories of third parties with whom We disclosed or shared this Personal Information. You have a right to receive this information in a portable and, to the extent technically feasible, in a readily useable format that allows You to transmit this information to another entity without hindrance.
Right to Opt-Out of Our Sale of Your Personal Information. To the extent that the “Sale of Personal Information” section above indicates that We sell Your Personal Information, You have a right to opt-out of those sales.
Right to Opt-Out of Our Sharing or Use of Your Personal Information for Targeted Advertising or Cross-Context Behavioral Advertising. To the extent that the “ Targeted Advertising / Cross-Context Behavioral Advertising ” section above indicates that share or use Your Personal Information for either of those activities, You have a right to opt-out of those activities.
Right to Withdraw Consent to Use Sensitive Personal Information. To the extent that the “Personal Information We Collect and How We Use It” section above indicates that We use Your Sensitive Personal Information, You have a right to withdraw Your consent to allow Us to use that Sensitive Personal Information.
Right to Deletion. You have the right to request the deletion of Your Personal Information, subject to certain limitations.
Right to Correct. You have the right to request the correction of any inaccuracies in the Personal Information We hold about You, subject to certain limitations.
Right to Non-Discrimination. We will not discriminate against You for exercising any of Your rights identified in this section of the Privacy Policy. For example, charge You a different price, or provide a different level or quality of goods or services just because You exercised Your rights under this section of the Privacy Policy; however, We may offer You financial incentives that can result in different prices, rates, or quality levels, provided that (i) You provide Your revocable, opt-in consent to participate in such financial incentive programs, (ii) the financial incentives reasonably relate to the value of Your Personal Information, and (iii) We provide written terms that describe the program's material aspects. Furthermore, there may be situations where Your Personal Information is required by Us, either directly or indirectly, in order for Us maintain a relationship with You. Please refer to the “Consequences of Not Providing Your Personal Information” section in Part A of this Privacy Policy for more information.
Right to Appeal. You have the right to appeal any decision made by a Us regarding Your privacy rights identified in this section.
Supplemental Information for California Residents
This “Supplemental Information for California Residents” Section applies to natural persons who are California residents. If You are a consumer located in California, We Process Your Personal Information in accordance with the CCPA. The disclosures in this section are in addition to those in the sections of this Privacy Policy above, except in the event that anything in this section conflicts with the sections above, in which case this section shall take precedence.
Notice at Collection
Categories of Personal Information We Collect. The categories of Personal Information We may collect and have collected about You in the preceding 12 months, including any Sensitive Personal Information where applicable, along with the sources from which We collected that Personal Information, are identified in the “Personal Information We Collect and How We Use It” section of this Privacy Policy.
Business Purposes for Collection and Use of Personal Information. The business purposes for which We collect, use, and disclose Your Personal Information, along with the categories of third-parties to whom We disclose that Personal Information, are identified in the “How Disclose Your Personal Information” section of this Privacy Policy.
Commercial Purposes for Collection and Use of Personal Information (Sale and Sharing). We neither sell Your Personal Information nor share it with third parties for cross-context behavioral advertising.
Retention Period of Personal Information. We retain Your Personal Information as set forth in the “Retention Period” section of this Privacy Policy.
Sensitive Personal Information
We do not Process Your “sensitive” Personal Information, as that term is defined by the CCPA.
California Shine the Light Law
You may ask Us to provide You with a list of the types of Personal Information that We have disclosed during the preceding year to third parties for their direct marketing purposes, and the identity of those third parties. If You are a California resident and would like such a list, please refer to the “Exercising Your Rights” section at the end of this Privacy Policy.
Notice of Financial Incentives
We do not offer any financial incentive in exchange for the collection of Your Personal Information.
Your CCPA Rights
As an individual residing in California, You have the rights identified in the “Your Privacy Rights” section of this Privacy Policy with respect Our use and disclosure of Your Personal Information.
In addition to those rights, if the “Sensitive Personal Information” section above indicates that We Process Your Sensitive Personal Information for the purpose of inferring characteristics about You, You have the right to limit the that particular use of Your Sensitive Personal Information as set forth in Section 1798.121 of the CCPA.
To exercise any of these rights, please refer to the “Exercising Your Rights” section at the end of this Privacy Policy.
Information for Nevada Residents
This “Information for Nevada Residents” Section applies to residents of Nevada. If You are a resident of Nevada, We Process Your Personal Information in accordance with the “Nevada Privacy of Information Collected on the Internet from Consumers Act.” The other notices and disclosures of this Privacy Policy also apply to residents of Nevada, except in the event that anything in this section conflicts with the sections above, in which case this section shall take precedence.
Nevada residents have the right to request that We do not sell certain Personal Information to select third parties for monetary consideration, even if their Personal Information is not currently being sold. To exercise this right, please refer to the “Exercising Your Rights” section at the end of this Privacy Policy.
Changes to Our Privacy Policy
We reserve the right to amend this Privacy Policy at Our discretion and at any time. When We make changes to this Privacy Policy, We will post the updated Privacy Policy on the Website and update the Privacy Policy’s effective date. The date the Privacy Policy was last revised is identified at the top of the page. If You would like Us to notify You of any changes to this Privacy Policy, You must ensure We have an up-to-date, active, and deliverable email address for You; otherwise, You are responsible for periodically visiting Our Website and this Privacy Policy to check for any changes.
Exercising Your Rights
The following methods are available to send Us a request to exercise Your rights defined in this Privacy Policy or that You are otherwise entitled to under applicable law:
- Send an email with the subject line “Data Privacy Request” to: matt@delinerealty.com
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Write Us at:
Matthew
Attn: Data Privacy Request
6005 Hidden Valley Rd. Suite 250 Carlsbad, CA 92011
All requests must provide sufficient information for Us to be able to verify You are the person whose Personal Information We hold. Whenever possible, You must describe Your request in enough detail so that We can properly locate the Personal Information related to the request. We cannot respond Your request unless We can verify Your identity and locate Your Personal Information. You may designate, in writing or through a power of attorney, an authorized agent to make requests on Your behalf by contacting Us using the same methods. We may still require You to directly verify Your identity and confirm that You provided the authorized agent permission to submit the request.
Contact Information
To ask questions, or comment about this Privacy Policy and Our privacy practices, or for any other privacy-related inquiries, please:
Email Us at matt@delinerealty.com
Write Us at the following postal address:
Matthew
Attn: Privacy Officer
6005 Hidden Valley Rd. Suite 250 Carlsbad, CA 92011