This Policy describes the types of personal information AgentDuty may collect from you or that you may provide to AgentDuty and various third parties contracted to provide services for AgentDuty, and which may begin being collected when you download the Application from any source, complete the sign-up process, and choose to view the content on the Application and/or utilize the services on the Application. The Application obtains personal information from users in order to match users with licensed real estate agents who perform the real estate services the users seek. This Policy explains the practices AgentDuty may utilize when collecting, using, distributing, maintaining, protecting, storing, and disclosing your personal information.
This Policy applies to information AgentDuty may collect:
- On the Application;
- Through mailings, electronic mail, telephone correspondence, text messages, in-person correspondence, and any other electronic messages between you and the Company.
Prohibited Use of Application
The Application is designed to serve users who can perform booking and service agent roles. Users who meet the criteria for registration must also be a registered MLS agent in order to use the Application and access its features and functionalities.
The Application is offered to and intended for users who are 18 years of age or older. You may not sign up for, utilize the services of, or provide personal information on, the Application without certifying that you are 18 years of age or older. AgentDuty does not knowingly allow children under the age of 18 to access the Application or complete the Application’s sign-up process, nor does AgentDuty knowingly collect personal information from children under the age of 18. If you are under the age of 18, please immediately exit this Policy and delete the Application. If AgentDuty learns that it has collected the personal information of a child under the age of 18, AgentDuty will delete that personal information, regardless of whether parental consent was given. If you believe that AgentDuty may have collected personal information from or about a child under the age of 18, please contact AgentDuty at firstname.lastname@example.org.
Personal Information Collected and Method of Collection
If you sign up for and/or access the Application, including, but not exclusively, by interacting with or utilizing the services offered within the Application, AgentDuty may collect several types of personal information about you, including information:
- by which you may be personally identified, such as your name, postal address, electronic mailing address, and telephone number, which may be collected on the Application or offline;
- about your location or metropolitan statistical area (“MSA”);
- that confirms your MLS registration;
- collected through automatic data collection technologies, such as your internet connection, browser type, operating system, IP address, device ID, the equipment you use to access the Application, and Application usage patterns, history, and activity;
- pertaining to the services you have provided or sought, and services you currently provide or seek;
- in the form of records and copies of correspondence between you and AgentDuty.
AgentDuty may collect this information:
- directly from you when you provide it manually, either to complete the sign-up process, engage in the Application services, or report a problem to AgentDuty;
- automatically, as you navigate through the Application;
- from other users who may identify you for any reason, including, but not exclusively, for the purpose of completing a business transaction.
AgentDuty may not access your location unless you choose to enable GPS location services within your device’s permission settings pertaining to the Application or manually input your location or MSA within the Application.
Information collected automatically may include your internet connection, browser type, operating system, IP address, device ID, the equipment you use to access the Application, and Application usage patterns, history, and activity and may be stored or associated with other personal information we collect from you.
You may also choose to provide information or a profile photo to be publicly published or displayed within the Application to other users, (“Posted”) or transmitted to other users of the Application through direct messaging or by other means (collectively, “User Contributions”). Your User Contributions are posted and transmitted to other users at your own risk. AgentDuty cannot control, and is not responsible for, the actions of other users of the Application with whom you may choose to share your information with. AgentDuty advises you to use caution when disclosing sensitive personal information to other users by any means. AgentDuty cannot and does not warrant or guarantee that your User Contributions will not be viewed by unauthorized persons.
Purposes and Uses of Collected Information
The personal information AgentDuty collects from you is used to improve the Application and deliver you personalized services, allowing AgentDuty to do the following:
- present the Application, its contents, and its services to you;
- provide you with the information and services you may request;
- create statistical analytics based on user patterns, preferences, feedback, searches, traffic, and engagement necessary for improving business strategy and growth as well as the Application’s format, design, services, efficiency, and customization;
- store your correspondence, communication, preferences, activity, history, and inquiries in order to maintain an efficient, convenient, and consistent user experience;
- provide you with notices regarding your account;
- carry out obligations to you;
- enforce rights arising from contracts entered into between you and AgentDuty, including those pertaining to billing and collection;
- notify you of changes to the Application or Application services;
- fulfill any other purpose for which you intentionally and explicitly provide the information;
- fulfill any other purpose with your consent.
Disclosure of Your Personal Information
AgentDuty may disclose the personal information collected from you in order to ensure the Application’s functionality, specifically by disclosing personal information to contracted third parties, such as MLS data providers tasked with fetching agent information and property data, payment gateway providers tasked with providing secure transaction processing, IT companies tasked with providing maintenance and technical support, and AWS Cloud storage providers tasked with hosting and providing data storage and backup. Additionally, disclosure of your personal information may be made to the parties described below in order to facilitate the previous section’s list of purposes and uses, as well as to ensure proper storage, maintenance, and security of your personal information, and to comply with all relevant legal obligations:
- AgentDuty subsidiaries and affiliates;
- contracted third-parties, such as service providers, and other third-party vendors contracted to support and maintain the Application;
- a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of all or some of the Company’s assets, whether as a part of bankruptcy, liquidation, or another similar proceeding in which the personal information held by AgentDuty regarding Application users is among the assets to be transferred;
- other users promoted or suggested to you through search results or inquiries or based on your service needs and offerings, limited only to information that is necessary to facilitate the service;
- other users as a means of promoting you and your service needs or offerings, which may include demonstrating your ranking, specialty, or experience, limited only to information necessary to properly promote you and your service within the Application;
- any other party AgentDuty is directed to disclose your personal information to, either with your consent and at your request;
- any party in accordance with a legal obligation, court order, or law;
- any party necessary to enforce or apply AgentDuty’s rights as they relate to the contractual agreements entered into between you and AgentDuty, including for billing and collection purposes;
- any party necessary to protect the rights, property, or safety of AgentDuty, users, or others.
Currently, the Application and the Company do not engage advertisements within the Application, track your behavior across other applications for the purpose of promoting targeted advertising to you within the Application, conduct personal information data sales to third parties for advertising purposes or otherwise, or disclose your personal information to third parties for advertising purposes or otherwise, except as is described in this Policy.
Maintenance and Storage of Your Personal Information
The personal information you provide on the Application or to the Company will be stored for as long as your account is active or as required by legal and regulatory obligations. You may request deletion of your account and personal information at any time, at which time your personal information will be securely deleted, subject to applicable legal data retention requirements.
You will have access to the basic personal information collected about you by the Application through the account settings page in the Application where you may view and update personal information as necessary, except for updates to your name and electronic mailing address, which cannot be updated without making a formal request to the Company. Any other personal information collected about you by the Company outside or within the Application may also be requested by you and is available for your viewing and alteration when you make a formal request to the Company.
Without your explicit consent through Application opt-in pop ups and/or adjustments to your device permission settings pertaining to the Application, the Application will not:
- track your behavior across other applications or websites;
- access your GPS location services;
- sell your personal information, including data about your internet connection, browser type, operating system, IP address, device ID, the equipment you use to access the Application, and Application usage patterns, history, and activity, to any third-parties or advertisers.
The Application will not condition use of the functions of the Application upon the consent of any of the activities listed above. The Company will utilize mechanisms which will ensure that any personal information and data collected about you in the Application will not be used for the activities you choose not to opt-in to. All manner of consent given may be withdrawn by you at any time by submitting a formal request to the Company, and you acknowledge that withdrawing consent regarding this Policy or the User License Agreement will result in a deletion of your account and personal information and an inability to access the Application. Please note that you still may subsequently choose to undergo the sign-in process once more and create a new account in order to access the Application.
Data Security and Compliance
In order to properly secure your personal information, the Company utilizes electronic, physical, and network-level security measures. The Company performs regular software updates of the Application in order to address vulnerabilities and utilizes firewalls and secure network configurations to secure your personal information and data. Your personal information will be encrypted during transmission according to sensitivity level, and access controls and authentication mechanisms will be utilized to restrict unauthorized access to your personal information. Regular security audits and vulnerability assessments will be conducted, and compliance with industry-standard security practices and protocols will be implemented.
Although the Company employs intrusion detection and prevention systems and enforces strict log and event monitoring to investigate any suspicious activities, in the event of a security breach, a well-defined incident response plan will be executed to mitigate the impact and notify affected users of the breach, and the Company will take all necessary steps to prevent any future breaches.
The safety and security of your information also depends upon you. Where we have given you, or where you have chosen, a password to access the Application, you are also responsible for its confidentiality. We ask you not to share your password with anyone. We urge you to be cautious in giving out personal information in public areas of the Application through User Contributions. Any user may view User Contributions made in public areas of the Application. Transmission of information on the internet is not completely secure. Although we comply with all applicable data privacy laws in order to best protect your personal information, we cannot guarantee that your personal information will always be 100% protected. We are not responsible for damages which occur from breaches or circumvention of our privacy and security measures.
If any provision of this Policy becomes invalid, illegal, or unenforceable, it shall be deemed modified or stricken to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed deleted from this Policy. Any modification or deletion will not affect the validity and enforceability of the rest of this Policy, and any modifications or deletions will result in a new version of this Policy that you will be notified of and prompted to view and agree to before further use of the Application.
For further questions and concerns, contact us at email@example.com