Privacy Notice

agence immobilière eXp

Introduction

Thank you for your interest in eXp Realty of Canada, Inc.

eXp Realty of Canada, Inc. (“eXp,” “us,” “we” and “our”) is committed to protecting your privacy. This Privacy Policy describes the Personal Information and Usage Information that we collect and describes how that information is collected, used, and shared. This Privacy Policy also describes your choices regarding our use of that information, the steps we take to protect your Personal Information and how you can review and correct your Personal Information.

This Privacy Policy is in effect for any web page and mobile application and applies to all information, including Personal Information, collected and/or owned by us in Canada, regardless of the method of collection (e.g., mail, facsimile, email, sign-up/sign-in page), including collection through any online features, Services, and/or programs we offer (collectively, the “Site”). This Privacy Policy is not applicable to any web page, mobile application, social media site, or information, collected and/or owned by any entity other than eXp.

By accessing the Site, you are consenting to the collection, use and disclosure practices described in this Privacy Policy. Your use of the Site is also governed by the Terms of Use located here.

If you do not agree with any terms of this Privacy Policy or our Terms and Conditions, please do not submit any Personal Information to us.

Types of Information Collected

eXp, and any third party we engage for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for our Site, may collect two types of information when you visit the Site: Personal Information and Usage Information. Generally, you can visit eXp’s websites without entering any Personal Information. In certain cases, we may ask you for Personal Information to provide a service or carry out a transaction that you have requested.

Personal Information : The types of information we collect may include, among other things, the following categories of identifiable information (collectively, “ Personal Information”):

· contact information (e.g., name, title, company/organization name, email address, telephone and facsimile numbers, and physical address);

· date of birth, nationality and country of residence, which allows us to determine your eligibility under certain regulations to receive certain information;

· information about your company and job function;

· subject to applicable law, your marketing communication preferences;

  • inquiries about our products and services as described herein and in our Terms of Use (“Services”); [ NTD: Do we have any products? If not this term should be deleted]
  • event registration information;
  • feedback from you about the Siteand our products and Services generally; and

· other information specific to you.

You are not required to provide any of this information, but if you choose not to provide certain information, we may not be able to provide the requested service or complete your transaction.

Usage Information : The types of usage information we collect may contain anonymous information about your visit to the Site, such as the following categories of information (collectively, “Usage Information”):

· Internet Protocol (or IP) address, protocol and sequence information;

  • browser language and type;
  • domain name system requests;

· operating system and platform, device type and device identifiers;

· hypertext transfer protocol headers, application client and server banners, and operating system fingerprinting data; and

· MAC address, device ID / UDID, or similar device – specific code.

We do not link the above information to your identity or a user account for use in connection with the Site (your “User Account”), unless you enter the site with a User Account or are logged into your User Account at the time you visit the site.

On sites that you enter with a User Account, we may connect your browsing history (including time spent at the Site, time and date of your visit, links you click), number of bytes transferred, the material and pages you accessed, the number of clicks, and other actions taken at a Web Property (all of which are also Usage Information) with your identity to determine your potential interests in our products and Services. [NTD: Please confirm that this is happening on the Canadian site – if not, we should delete it]

How Information Is Collected

Personal Information : We may collect Personal Information about you from the following sources:

· information we receive from you as a result of your use of our Services;

· information we receive from you, or on your behalf, through forms you complete, or through your communication to us (for example, an inquiry about a property, to sign up for our mailing list, or to receive our mailings, newsletter or updates);

· information we receive from you through the Site, such as when creating a User Account;

· information we receive from your computer or mobile device;

· information we receive from our partners or service providers;

· information we receive from other sources, as permitted by applicable laws, rules and regulations; and

· information we receive from you, even if we have not requested such information and the information is not information that we normally collect.

Usage Information : We may collect Usage Information from you as follows:

Cookies : From time to time, we may use “cookies” to keep track of your visit and use of the Site. Cookies are small files that websites save to your hard disk or to your browser’s memory. We may use them to track the number of times you have visited the site, to track the number of visitors to the site, to determine and analyze visitors’ use of our sites (including the effectiveness of online advertising), to store information that you provide such as your preferences, and to store technical information useful for your interactions with our websites. We may use session cookies (cookies that are deleted when your browser session ends) to store your User Account, elements of your user profile, to facilitate your movement around our websites (particularly in connection with information searches and order placement) and other information useful in administering the session. You have the ability to accept or decline cookies. Most Internet browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies or to notify you when a cookie is being placed on your computer. If you choose to decline cookies, you may not fully be able to experience the features of the Site.

Web Analytics : eXp uses industry standard web analytics to track web visits. [NTD: this Section to be additionally reviewed and confirmed internally]

Web Beacons : Some of our web pages and electronic communications may contain images, which may or may not be visible to you, known as web beacons (sometimes referred to as ‘clear gifs’). Web Beacons collect only limited information that includes a cookie number; time and date of a page view; and a description of the page on which the web beacon resides. We may include web beacons in promotional email messages or newsletters in order to determine whether messages have been opened and acted upon.

Unique Identifier : We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information about our visitors, and we use it to personalize the information you see on the Site and some of the electronic communications you receive from us. We keep this information for our internal use, and this information is not shared with others.

Use of Collected Information

Information collected by us may be used for the following purposes:

Site Operation and Improvement : We may use your information to (a) improve the Site and related products or Services, or to make the Site easier to use (for example, by eliminating the need for you to repeatedly enter the same information), (b) setting up and managing your User Account, including processing your requests for information; (c) providing support, products or Services to you, and/or (d) customizing the Site to your particular preference or interests.

Services and Transactions : We and our third party service providers may use your Personal Information to deliver Services or carry out transactions you have requested or in which you may be interested. For example, if you opt to sign contracts with us using our third party e-signature provider, we will be required to authenticate the identity of each signer/end user for signature request through email confirmation or such other means as required by such third party service provider, as the same may change from time to time. Such third party service provider may also collect your email address, workflow transaction, and the history of such transaction (e.g. sent date/time, when the request was opened, reviewed and signed) and they will be processing your information to facilitate the delivery of this service. If you do not agree with such processes and procedures, please do not use such third party services.

Communications : With your consent or as otherwise permitted by law, we may use your Personal Information gathered via the Site to inform you ofproducts or Services available from eXp. Subject to applicable law, we and/or any of our third party service providers may send you information about existing and new Services, products, and special offers, by email, telephone, mail or by means of any other contact details you provide to us or our affiliates, or to such third party service providers. In order to offer you a more consistent experience in your interactions with us, information collected by our Site may be combined with information we collect by other means. [NTD: Does the Canadian site plan to do this? To be further discussed]

We comply with our obligations under Canada’s anti-spam legislation and each commercial electronic message that we send includes an unsubscribe link allowing you to stop delivery of that type of communication if you do not wish to receive future e-mails from us for these purposes. You can also unsubscribe by sending us an e-mail to[unsubscribe@exp.com] or by telephoning us at [xxxx]. If you elect to unsubscribe, we will remove you from the relevant list within ten (10) business days.

Employment Applications : In connection with a job application or inquiry, you may provide us with information about yourself, such as a resume or curriculum vitae. Unless you tell us otherwise, we may disclose this information to our subsidiaries and affiliates for the purpose of employment consideration. We will keep the information for future consideration subject to our document retention policies unless you direct us not to do so.

Disclosure of Your Information

Except as described below, the information you provide to eXp through the Site will not be shared outside of eXp other than to its affiliates and subsidiaries that require such information to provide you with the Services as described herein without your permission.

Disclosure to Related Companies and Business Partners . We may provide Personal Information and Usage Information to our subsidiaries, affiliated companies, and other businesses or persons for the purposes of processing such information on our behalf and promotingproducts and/or the products and services of our trusted business partners. For example, we may disclose Personal Information and other information about you to a local real estate broker or participating lender where you have shown an interest in residential properties. The use of your information by one of our trusted business partners will be subject to those parties’ own privacy policies so please review these carefully.

Disclosure to Third Party Service Providers . We may also provide Personal Information and Usage Information to third party service providers that perform Services on our behalf. We require that these third party service providers agree to process such information in compliance with our Privacy Policy or in a similar manner. We use contracts and other measures with these third party service providers to maintain the confidentiality and security of users’ personal information and to prevent Personal Information from being used for any other purpose, including for any advertising or other commercial purposes.

Notwithstanding the above, you should also be aware that certain of our third party service providers may generate aggregate or anonymous data from the Services that they provide to us on your behalf as well as for others. Such third party service providers may use such aggregated anonymous data for business purposes and may further disclose such data but will only do so in a de-identified (anonymous) manner that does not identify you or any other users and that is stripped of all persistent identifiers. We are not responsible for the use of such aggregate or anonymous data by such third party service providers.

Third party providers performing Services on behalf of us may store, transfer and process Personal Information on servers located outside of Canada, in jurisdictions (including the United States) whose data protection laws differ from those of Canada. As a result, Personal Information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. For example, Personal Information may be shared in response to valid demands or requests from government authorities, courts and law enforcement officials in those countries. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require our third party service providers to maintain protections on Personal Information that are equivalent to those that apply in Canada.

Corporate Reorganizations, Sales : We reserve the right to disclose your Personal Information, as well as any information about or from you, in connection with the amalgamation, merger, sale or other disposition of all or part of our business and/or assets. Such use and disclosure would be for the purpose of allowing third parties to determine whether to proceed with the proposed transaction, and if the transaction proceeds, for the purpose of completing the transaction. You expressly agree and consent to the use and/or transfer of your Personal Information or other information in connection with a sale or transfer of some or all of our assets in any of the above-described proceedings. Furthermore, we are not and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.

As required by law . Further, we reserve the right to disclose any Personal Information if we are requested to do so by law, regulation, court order, or by a government entity. We may also disclose your Personal Information to third parties if we have reason to believe that disclosing such information is necessary to: (i) conduct investigations of possible breaches of law; (ii) cooperate in any legal investigation; (iii) identify, contact, or bring legal action against someone who may be violating the Terms of Use or this Privacy Policy; or (iv) to protect our rights, privacy, safety or property.

As directed by you . We may also disclose your Personal Information with your permission or as directed by you, including for any other purpose to which you consent. For example, if you wish to apply to become a broker, you will be redirected to sites operated by our related companies, including eXp World Holdings, Inc. Your application will be processed by eXp World Holdings, Inc. or other related companies and any Personal Information that you submit will be collected, used, disclosed and otherwise processed in accordance with the privacy policies contained on those site(s). Please review these additional privacy policies carefully to understand how your Personal Information is being processed by these organizations.

We will limit the length of time we retain your Personal Information.

We retain your Personal Information as necessary to effectively provide you with our Services and products. We will only keep your Personal Information so long as it is needed for its identified purposes, or as required by law, for legal, tax or regulatory purposes or for other lawful purposes. We will use reasonable means to erase or destroy your Personal Information in a secure manner or where this is not possible (i.e. because it is stored in backup archives), then we will securely store it and isolate it from further processing until deletion is possible.

Security

We are committed to protecting the security of your Personal Information. We use reasonable technical, organizational and physical security measures designed to protect your Personal Information from unauthorized access, use, or disclosure.

Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we are committed to protecting your Personal Information, we cannot ensure or warrant the security of any information you provide to us. We also cannot guarantee that Personal Information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. All third party service providers that obtain Personal Information from us (e.g. third party service providers that perform functions on our behalf) are contractually required to protect your confidentiality and personal information in accordance with their own privacy policies and as required by law.

You are ultimately responsible for ensuring the security of your username, password and User Account information from unauthorized access, use or disclosure to others. When using the Site, you are not permitted to circumvent the Site’s security features.

You agree to: (a) immediately notify us of any unauthorized use of your username, password and/or User Account, and/or any other breach of security; and (b) ensure that you log out from your User Account at the end of each session. While we use technologies and procedures designed to protect your confidential information and provide suitable security, please be aware that no security measures are perfect or impenetrable. We do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.

Reviewing and Correcting Your Personal Information

We support your right to access Personal Information that we have collected about you. You can make a request to review and correct your Personal Information collected via the Site by completing our Contact Us form or, if you have a User Account, by accessing your User Account. You may also wish to contact our Privacy Officer at [privacy@exp.com].

We may take steps to verify your identity before providing you access to your Personal Information. You can help us to maintain the accuracy of your information by notifying us of any change to your mailing address, phone number, or email address.

Please note that complete access cannot be guaranteed due to certain legal restrictions to your right to access. For example, you will not have access to files that contain information about other individuals or information that is confidential to us. If you are denied access, we will notify you of the reason and of any recourse available to you. We will also endeavour to provide you with the factual information that pertains to you and is contained in those files.

Children’s Information

The Site is not intended for or designed to attract children under the age of thirteen (13). By using the Site, you affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy.

Links to Other Sites

The Site may now or in the future contain links to other sites such as Commissions Inc., KV Corp. [NTD: Confirm legal name] affiliates, professional organizations, and third party businesses that are featured on or otherwise advertise on the Site. Such links are provided as a convenience only.

While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content, security, or privacy practices employed by other sites. Other than under agreements with certain reputable organizations and companies (such as certain third party advertisers on the Site), and except for third party service providers (as described in this Privacy Policy), we do not share any of the Personal Information that you provide to us with any of the websites to which the Site links, although we may share aggregate, non-personally identifiable information with those other third parties.

Please check with those websites in order to determine their privacy policies and your rights under them. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Such links are provided as a convenience only. These other websites may have their own privacy policies and are not governed by this Privacy Policy. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such subsidiaries, affiliates or third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit.

Choices with Your Personal Information

Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide Personal Information. However, in the event this information is essential for us to provide certain Services to you, we will be unable to provide you with those Services if you choose to withhold requested information.

You may choose to prevent us from disclosing or using your Personal Information under certain circumstances (“opt out”). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods at the end of this Privacy Policy, or by following the procedures set forth in an electronic communication from us, as applicable. We will undertake reasonable efforts to notify third parties with whom we have shared your Personal Information as permitted under this Privacy Policy of your election to opt out as required by law. There are some uses from which you cannot opt out, such as to provide products or Services that you have requested from us.

We post updates on our Site whenever this Privacy Policy changes.

We reserve the right to change or replace this Privacy Policy in our sole discretion at any time. Please check back from time to time to ensure that you are aware of any updates or changes to this Privacy Policy. If we make material changes to this policy, then we will notify you by email or via the Site. We will also indicate at the top of this page the date this Privacy Policy was last revised. Your continued access or use of the Site after any such revision constitutes your assent to and acceptance of the Privacy Policy as revised.

How to contact us.

We welcome your feedback. If you have questions, comments or concerns about our Privacy Policy, or would like to do any of the following: (i) see Personal Information that you have already sent us so that you can delete your Personal Information from our files; (ii) ask that we not send you mailings, commercial electronic messages or otherwise contact you; or (iii) report any violation of this Privacy Policy, please contact our Privacy Officer at [privacy@ exp.com] or by telephone at [xxx] or by mail at [xxx].

Effective as of: April •, 2019
Last updated: April •, 2019

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