This Privacy Policy describes the categories of information SmartMLS Offers collects and the manner in which SmartMLS Offers collects, uses, discloses, and otherwise processes information relating to Users in connection with their access to, use of, or participation in SmartMLS Offers, including in connection with the ability to initiate, generate, prepare, configure, approve, submit, accept, manage, administer, or facilitate Offers, communications, and related transaction activities, regardless of whether such information is provided directly by a User, provided on a User’s behalf by another User or Transaction Participant, or automatically collected in connection with use of SmartMLS Offers.
This Privacy Policy applies to all Users and is subject to the SmartMLS Offers Terms and Conditions of Use (the “Terms”), as may be updated from time to time, solely to the extent applicable to Your access to and use of SmartMLS Offers. Capitalized terms used but not defined in this Privacy Policy have the meanings set forth in the Terms.
In the event of any inconsistency between this Privacy Policy and the then-current active version of the Terms, the Terms shall control, provided that no such inconsistency (or silence) shall be interpreted to expand the obligations or liabilities of SmartMLS Offers, SmartMLS Inc., or any of their respective licensors, affiliates, or their respective officers, directors, employees, or agents.
Your access to or use of SmartMLS Offers, in any manner, constitutes Your acknowledgment that You have read, understand, and agree to this Privacy Policy, as incorporated into and governed by the Terms. If You do not agree to this Privacy Policy, You must not access or use SmartMLS Offers.
Your continued access to or use of SmartMLS Offers after any modifcation, amendment, update, revision to, or replacement of this Privacy Policy constitutes acceptance of the Privacy Policy as then in effect.
For purposes of this Privacy Policy, capitalized terms used but not defined in this Privacy Policy, have the meanings assigned to them in the Terms.
Capitalized terms shall be interpreted consistently across this Privacy Policy and the Terms, and no definition, usage, or silence in this Privacy Policy shall be interpreted to modify, expand, or limit any definition, obligation, allocation of risk, or limitation of liability set forth in the Terms.
SmartMLS Offers is a proprietary software application that provides technology-enabled functionality to enable Users to initiate, generate, prepare, configure, approve, submit, accept, manage, administer, or facilitate Offers, communications, and related transaction activities.
SmartMLS Offers is not a data broker, service provider, professional advisor, transaction participant, fiduciary, or custodian of records. SmartMLS Offers provides software-based functionality only and does not draft, review, approve, validate, store, interpret, or otherwise participate in the substance or outcome of any Offer, communication, or related transaction activity between You and any other User, Transaction Participant, or other third party through SmartMLS Offers.
SmartMLS Offers does not independently determine the purposes for which information is processed or the substantive content of any information submitted through SmartMLS Offers. Any processing of information by SmartMLS Offers is incidental to the operation of SmartMLS Offers and occurs solely as a result of and in accordance with User configuration, initiation, and use of SmartMLS Offers.
SmartMLS Offers may collect information relating to Users that is provided directly by Users, provided on a User’s behalf by another User, Transaction Participant, or other third party, or generated or recorded as a result of User access to, use of, or participation in SmartMLS Offers, including without limitation:
Overview: In connection with User access to, use of, or participation in SmartMLS Offers, SmartMLS Offers processes personal data relating to Users and Transaction Participants.
The categories of personal data described in this Article 3.2 may exist within Offers, communications, and related transaction activities regardless of whether such data is input, uploaded, pre-populated, transmitted, or otherwise processed as a result of actions taken by any User or Transaction Participant, or through third-party integrations, automated processes, or connected systems, and regardless of whether such data is provided directly or indirectly.
SmartMLS Offers processes such personal data solely as an incident of providing access to its software functionality and does not determine the substantive content, accuracy, legality, or appropriateness of any data processed through the application.
User and Transaction Participant Personal Data: Personal data processed through SmartMLS Offers may include, without limitation:
Data Subject Focus and Neutrality: The categorization of personal data in this Article 3.2 is based on the individual to whom the data relates, not on the individual who submits, transmits, or otherwise causes the data to be processed.
No Expansion of Obligations: This Article 3.2 is descriptive only. Nothing in this Article:
When Users access or use SmartMLS Offers, SmartMLS Offers may automatically collect limited technical information relating to such Users, including without limitation:
The information described in this Article 3.3 is collected and used solely to operate, secure, maintain, and support the operation of SmartMLS Offers as a software application.
SmartMLS Offers uses information collected from or relating to Users only to:
SmartMLS Offers does not sell personal information.
Service Providers and Integrations: To third-party vendors and service providers engaged by SmartMLS Offers solely to support the operation, maintenance, security, and availability of SmartMLS Offers (including, without limitation, hosting, infrastructure, authentication, and customer support), and to third-party integrations or SmartMLS Offers-enabled products solely as necessary to enable Offers, communications, and related transaction functionality, in each case subject to appropriate confidentiality obligations and without any independent right to use the information.
Legal, Compliance, and Protective Purposes: To comply with applicable law, regulation, subpoena, court order, legal process, civil investigative demand, or other governmental or regulatory request; to respond to lawful requests from public authorities; and to protect, enforce, or defend the rights, property, or safety of SmartMLS Offers, its users, or others, including in connection with the investigation, prevention, or remediation of suspected or actual fraud, security incidents, misuse of SmartMLS Offers, or violations of the Terms or applicable law.
Business Transfers: In connection with, or as part of, any actual or contemplated merger, acquisition, financing, reorganization, bankruptcy, dissolution, or sale or transfer of all or a portion of SmartMLS Offers’ assets or business, including during due diligence, provided that any recipient of such information is subject to confidentiality obligations and the continued application of this Privacy Policy or otherwise as required by law.
SmartMLS Offers does not control and is not responsible for any disclosure, use, or handling of information by any User, Transaction Participant, or other third party after such party has been invited into, or granted access to, Offers, communications, or related transaction activities by You or any other authorized User, Transaction Participant, or third party.
SmartMLS Offers may retain information on a temporary, incidental, or system-dependent basis solely as necessary to operate SmartMLS Offers as a result of and in accordance with User configuration, initiation, and use of SmartMLS Offers features and functionality, and, where applicable, to comply with legal obligations, resolve disputes, and enforce agreements.
SmartMLS Offers makes no representations or guarantees regarding the retention, storage, availability, integrity, completeness, or deletion of any information, including any Offer, communication, or related transaction data. Information may be deleted, overwritten, or rendered inaccessible at any time due to system limitations, SmartMLS Offers operations, legal requirements, or SmartMLS Offers’ operational policies or procedures.
SmartMLS Offers implements administrative, technical, and organizational measures that it deems commercially reasonable and appropriate to help protect information processed through SmartMLS Offers. Such measures are implemented at SmartMLS Offers’ sole discretion, may change from time to time, and do not constitute a guarantee, representation, or warranty regarding the security, availability, or integrity of any information.
To the maximum extent permitted by applicable law, SmartMLS Offers disclaims all warranties, representations, and conditions relating to the security, protection, availability, or integrity of information processed through SmartMLS Offers and assumes no responsibility or liability for any unauthorized access to, use of, disclosure of, alteration of, or loss of such information, including as a result of third-party actions, system failures, or events beyond SmartMLS Offers’ reasonable control.
SmartMLS Offers may interoperate with third-party services, integrations, or SmartMLS Offers-enabled products as a result of and in accordance with User configuration, initiation, and use of SmartMLS Offers features and functionality, solely as necessary to enable Offers, communications, and related transaction functionality. SmartMLS Offers does not control and is not responsible for the privacy practices, security, availability, or content of any such third-party service or integration, and such third parties have no independent rights to use information disclosed through SmartMLS Offers except as necessary to provide the applicable functionality.
Use of any third-party service or integrated SmartMLS Offers-enabled platform or product is governed solely by the applicable terms of use and privacy policies of the relevant third-party provider or platform operator, and not by this Privacy Policy, and SmartMLS Offers does not assume responsibility for, and disclaims any obligations arising from, such third-party terms or privacy policies.
SmartMLS Offers is not intended for use by children. Individuals under the age of eighteen (18) years of age are explicitly prohibited from accessing or using SmartMLS Offers.
SmartMLS Offers does not knowingly collect personal information from individuals under the age of eighteen (18). If SmartMLS Offers becomes aware that personal information from an individual under the age of eighteen (18) has been collected, SmartMLS Offers may, in its sole discretion, delete such information.
SmartMLS Offers reserves the right, in its sole discretion, to modify, amend, update, revise, or replace this Privacy Policy, in whole or in part, at any time.
Unless otherwise expressly stated by SmartMLS Offers, any modification, amendment, update, or revision to, or replacement of this Privacy Policy shall be effective immediately upon posting the revised or replaced Privacy Policy within SmartMLS Offers or otherwise making it available in connection with Your access to or use of SmartMLS Offers.
By continuing to access or use SmartMLS Offers after the effective date of any modification, amendment, update, or revision to, or replacement of this Privacy Policy, You acknowledge and agree that such continued access or use constitutes Your binding acceptance of the modified Privacy Policy, as then in effect.
If You do not agree to any modifcation, amendment, update, or revision to, or replacement of this Privacy Policy, You must immediately discontinue all access to and use of SmartMLS Offers.
Questions regarding this Privacy Policy may be directed to SmartMLS Offers at the following email address: smartmlsoffers@smartmls.com.