Privacy Notice for California Residents

Effective Date: January 11, 2021

This Privacy Notice for California Residents (“Notice”) supplements Gadberry’s privacy notice [HYPERLINKED URL TO GENERAL PRIVACY NOTICE] and applies solely to individuals that reside in the State of California (“consumers” or “you”) when they access our website (the “Site”), contact us, or otherwise interact with us (collectively, the “Services”).

Gadberry Group, LLC a subsidiary of RE/MAX, LLC (Gadberry”, “us,” “our,” or ”we”), our parent company, subsidiaries and other entities under common control with Gadberry, including Motto Franchising, LLC and RE/MAX, LLC (collectively, ”Affiliates”), adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice. We strongly urge you to read this Notice from beginning to end.  We have made our Notice easy to navigate by providing quick access to information you may care about and easy to understand by using plain English. 

[Table of Content]

Information we collect

User of personal information

Personal information we disclosed

Your rights and choices

Non-discrimination

Other California privacy rights

Changes to our Notice

Contact us

Information we collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”).  In the last 12 months, we have collected the following categories of personal information from consumers:

Categories of personal information

Examples

Collected

Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.


Some personal information included in this category may overlap with other categories. 

YES

Protected classification characteristics under California or federal law

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES

Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

NO

Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

Geolocation data.

Physical location or movements.

NO

Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

Professional or employment-related information.

Current or past job history or performance evaluations.

NO

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

NO

Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

YES

Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, such as, for example:
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We collect the categories of personal information listed above from the following categories of sources:

Categories of personal information

Sources of personal information

Identifiers.

  • Directly from consumers.  For example, when consumers provide information through the “contact” or technical support page on gadberrygroup.com.
  • From third parties.  For example, consumer identity and access management companies.
  • Indirectly from consumers by observing their actions on our Online Services.

Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

  • Directly from consumers.  For example, when consumers provide information through the “contact” or technical support page on gadberrygroup.com.
  • From third parties.  For example, consumer identity and access management companies.

Protected classification characteristics under California or federal law

  • From third parties.  For example, consumer identity and access management companies.

Commercial information.

  • From third parties.  For example, consumer identity and access management companies

Internet or other similar network activity.

  • Directly from consumers when they interact with our Online Services.
  • Indirectly from consumers by observing their actions on our Online Services

Professional or employment-related information.

  • Directly from consumers.  For example, when consumers contact us or provide information requested to perform mortgage loan processing

Inferences drawn from other personal information.

  • Directly from consumers.  For example, when consumers contact us or provide information requested to perform mortgage loan processing

Use of personal information

We may use or disclose to others the personal information we collect for one or more of the following purposes:

  • respond to inquiries or service requests and monitor such responses;
  • provide information about and market our products or services or those of our affiliates;
  • resolve problems;
  • manage the Site and assess usage;
  • provide location intelligence services;
  • append or link your Personal Information to any other information we or our affiliates hold about you, or we obtain from third party customer analytics providers.
  • enhance or personalize your experience using our Site;
  • inform you of offers or new features that we believe may be of interest to you;
  • provide information or services you have requested;
  • process or maintain your subscription to a newsletter or mailing list;
  • study the use and popularity of various areas of our Site and to improve our Site;
  • analyze general locations where our content is viewed (by reviewing IP addresses). We may also use such information for other purposes related to our business or that of our related entities, as well as for any other purpose described in this Notice or any other agreement you may enter with Gadberry, or otherwise as we may disclose to you or to which you consent from time to time; and
  • as described to you when collecting your personal information or as otherwise set forth in the CCPA.

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Personal Information we disclose

We may disclose your personal information to customers and third-party service providers for a business purpose or disclose your personal information to other third-parties, subject to your right to tell us not so share your information (see Personal Information Sales Opt-Out and Opt-In).

When we disclose personal information to third-party service providers for a business purpose, we enter into contracts that describe the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. When we disclose your personal information to other third-parties, the CCPA prohibits those third parties from selling it unless you have received explicit notice and an opportunity to opt-out of further sales.

In the last 12 months, we have disclosed the following categories of personal information:

  • Identifiers.
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
  • Protected classification characteristics under California or federal law.
  • Commercial information.
  • Inferences drawn from other personal information.

We disclose your personal information for the following categories of third parties:

  • Consumers.
  • Service providers.
  • Affiliates.
  • Web analytics services.

Your rights and choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to specific information and data portability rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or disclosing that personal information.
  • The categories of third parties to whom we disclosed that personal information.
  • The specific pieces of personal information we collected about you.
  • If we disclosed your personal information for a business purpose, two separate lists disclosing:
    • the categories of personal information and the categories of services providers to whom we disclosed such information; and
    • the categories of personal information and the categories of third parties to whom we disclosed such information.

Deletion request rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising access, data portability, and deletion rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either calling us at 800.218.1564 or emailing us at privacyrights@remax.com.

If you have any questions about your rights or the form, please emailing us at privacyrights@remax.com.

Please note that only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In.

Response timing and format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Personal information sales opt-out and opt-in rights

“Do Not Sell My Personal Information”

You have the right to request we not disclose your personal information to non-service provider third parties at any time (the “right to opt-out”). To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by email privacyrights@remax.com.

Once you make an opt-out request, we will wait at least 12 months before asking you to reauthorize personal information disclosures to non-service provider third parties. However, you may change your mind and opt back into personal information disclosures to non-service provider third parties at any time by contacting us at privacyrights@remax.com.

 You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request

Non-discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.

Other California privacy rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Online Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, email us at privacyrights@remax.com.

Changes to our Notice

We reserve the right to amend this Notice at our discretion and at any time. When we make changes to this Notice, we will post the updated Notice on our Online Services and update the Notice’s effective date. Your continued use of our Online Services following the posting of changes constitutes your acceptance of such changes.

Contact Us

if you have any questions or comments about this Notice contact us at:

By email:
privacy@remax.com

By mail:

RE/MAX, LLC
Legal – Privacy

5075 S. Syracuse Street
Denver, CO 80237

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