Effective Date: September 1, 2014
As a general rule, there are two categories of users of the Site and Services:
(a) The information we gather and how we use it: We collect the e-mail address of End-Users to enable us to offer the Service. A single e-mail address from the End-User is the only Personally Identifiable Information (“PII”) that we collect and we do this only to enable login to the Site and to enable us to contact the End-Users that use our Services.
(b) Controlling our use of Login Information: You may modify your e-mail address at any time by visiting your account settings (http://listtrac.com/admin/Account). You can opt out of receiving certain email communications by also visiting your account settings (http://listtrac.com/admin/Account).
(c) Information Sharing: We will use an End-User’s email address exclusively as follows:
We do not collect any PII from End Users who visit Publisher Sites.
We operate the Services, which provides web analytics to real estate brokers for their listing content being viewed on the Publisher Sites. When an End-User views a real estate listing on a Publisher Site, the Services that have been installed on the Publisher Site notify ListTrac of the End User’s interactions with the real estate listing. When an End User visits a Publisher Site, we collect certain non-personally identifiable information (“Non-PII”) for use on our platform (the “ListTrac Platform”). We enable the ListTrac Platform to use this information for analytics purposes, and we may also use this information to market products and services to End-Users as described below.
(a) The information we gather and how we use it:
(b) Controlling our use of your Non-PII: If you do not want us to track your Non-PII, you can opt-out following the steps outlined on the Network Advertising Initiative’s (NAI) opt-out page. You will need to Opt-Out for each browser that you use and have cookies enabled.
(c) Information Sharing: We share the Non-PII that we collect with other companies or individuals as follows:
We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data that we collect. These measures include firewalls and encryption, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems.
We restrict access to Site End User email addresses to ListTrac employees, contractors and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations. However, we are unable to guarantee that the security measures we take will not be penetrated or compromised or that information we collect will remain secure under all circumstances.
We retain records of Site End User email addresses for as long as the End User maintains their account.
We retain detailed records of End User activity for a maximum of 90 days. Statistical summaries and data aggregations may be kept for longer periods.
We do not knowingly collect or maintain PII from any individuals – especially individuals who are under 13 years of age, and no part of our Site or Services are designed to attract people under the age of 13. Protecting the privacy of children is very important to us. If we obtain knowledge that an End User is under the age of 13, we will take steps to remove that user’s data from our databases.
The Site and Services are hosted in the United States. If you access the Site or Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Site or Services, you are transferring your PII and non-PII to the United States (as such terms are defined under the laws of the United States) and you consent to that transfer. Additionally, you understand and accept that your PII may be processed in countries (including the United States) where laws regarding processing PII may be less stringent than in your country.
us through this Site, by emailing us at privacy@ListTrac.com
or writing to us at:
Attn: Privacy Officer
16516 Bernardo Center Drive, Suite 320
San Diego, CA 92128
Effective Date: September 1, 2014
1. SERVICES. The ListTrac Platform provides real-time web analytics for Visitors regarding their listing content on Publisher Sites that have installed the Services. The web analytics are presented in aggregate and listing-specific views including number of views, average viewing duration, number of leads, etc. and grouped by the different Publisher Sites.
2. PUBLISHER USAGE. As a Publisher, we will provide you with a customized script that allows you to install the Services on a webpage on your Publisher Site. When you install our script on a web page, you authorize its use to provide and promote the Services.
5. NOTIFICATION REQUIREMENT FOR PUBLISHER SITES. We are concerned about the privacy of End Users and want to provide them a choice regarding the use of their information. ListTrac has applied to be a member of the Network Advertising Initiative (NAI). Accordingly, we require that your Publisher Sites have a notice with language substantially similar to the following:
“We allow third-party companies, including ListTrac, to collect certain anonymous information when you visit our website. These companies may use non-personally identifiable information during your visits to this and other websites in order to provide advertisements about goods and services likely to be of greater interest to you. These companies typically use a cookie or a third party web beacon to collect this information. To learn more about this behavioral advertising practice, you can visit www.networkadvertising.org.”
If a Publisher does not include such language in its end user agreements and policies, then ListTrac may suspend or terminate such Publisher’s right to use the Services without notice.
6. GEOGRAPHICAL RESTRICTIONS. We make no representation that all of the Services are appropriate or available for use in locations outside the United States or all territories within the United States. If you choose to access our Site and the Services, or make the Services available via the Publisher Site, you do so on your own initiative and are responsible for compliance with applicable laws, rules, and regulations.
8. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
9. TERMINATION. You acknowledge and agree that we, at our sole discretion, may terminate your use of the Site and/or the Services without prior notice for any reason at any time. You agree that we shall not be liable to you or any third party for termination of your access to the Site and Services. In the event of any termination, you will immediately cease access to the Site and/or the applicable Services, and we will no longer provide you such Services.
10. DISCLAIMERS. THE SITE AND SERVICES AS WELL AS ALL SOFTWARE, MATERIALS, AND TECHNOLOGY USED TO PROVIDE ANY OF THE FOREGOING, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ListTrac, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, TITLE, QUIET ENJOYMENT, UN-INTERRUPTION, AND/OR SYSTEM INTEGRATION. ListTrac, OUR OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF THE SITE OR SERVICES, OR THAT PROBLEMS WITH THE FOREGOING WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, OR THAT THEY WILL BE UNINTERRUPTED OR ERROR FREE.
11. LIMITATIONS OF LIABILITY AND CONTENT. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE, AND TO PROVIDE THE SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES (INCLUDING END USERS OF PUBLISHER SITES). IN NO EVENT WILL ListTrac, ITS AFFILIATES, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING END USERS OF PUBLISHER SITES) FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES OR LIKE DAMAGES, INCLUDING, LOST PROFITS, GOODWILL, LOST OPPORTUNITIES AND INTANGIBLE LOSSES, ARISING IN CONNECTION WITH THE SITE, SERVICES OR THESE TERMS, INCLUDING, FOR EXAMPLE AND CLARITY ONLY, DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITIES, OR BUSINESS INTERRUPTIONS, OR RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES, THE SITE, THE LISTTRAC PLATFORM, OR CONTENT. THESE LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ListTrac IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. COMPLIANCE WITH LAWS. You are responsible for compliance with all applicable laws, rules, and regulations.