Privacy Policy

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1 ACCEPTANCE OF TERMS

1.1 Your access to and use of dustingtindallrealty.com and all Services referred to in Section 2, is subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Services.

1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

2 THE SERVICES

"Services" consist of the Website and any functions provided by, through, or in conjunction with the Website, including but not limited to real estate partnering services, agent communication services, email, telephone messages, and text messages. Unless stated otherwise, the Services are for your personal and non-commercial use only.

The Services are not for use by users under the age of 13. By registering for the Services, you warrant to us that you are over the age of 13, and that you shall not allow persons under the age of 13 to use or access the Services.

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY. DO NOT USE THE WEBSITE OR REGISTER FOR THE SERVICES IF YOU DO NOT WISH TO COMPLY.

By either filling out our contact form or registering a user account in order to use the Services, you give us express written consent to contact you by phone, e-mail, text messages, or automated mechanical voice systems, and autonomous AI generated phone calls. Message frequency will vary. Message and data rates may apply. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE "DO NOT CALL" REGISTRY. You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the "Contact" section of the Website. In addition, you may opt-out of e-mails by clicking the "unsubscribe" link in any e-mail we send to you, and opt-out of text messages by replying to text messages you receive from us with a request to STOP. If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.

3 PRIVACY POLICY

Our Privacy Policy is incorporated herein by reference.

4 USER ACCOUNT, PASSWORD AND SECURITY

In order to use the full functionality of the Services, you may be required to create a user account. If so, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your user account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s user account at any time without the express permission of the account holder.

5 ACCEPTABLE USE

5.1 For purposes of these Terms of Use, "Content" means information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with the Services (including information made available by means of an Internet "hyperlink", a third party Web posting or similar means), including all trademarks, trade names service marks and domain names contained therein.

5.2 With regard to the use of the Services, including any and all Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent that (i) you are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content, (ii) the Content does not and will not violate (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights, (b) other property rights, (c) privacy rights or (d) any other proprietary rights of any other person, business, or entity, and (iii) transmission of the content does not and will not violate any laws or breach any licenses or other agreements to which you are a party. Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.

You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is inaccurate, offensive or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of or reliance on any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

5.3 In using the Services you agree not to:

5.3.1 post, publish, distribute or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

5.3.2 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others; 

5.3.3 make available or upload files that contain a virus, worm, trojan, corrupt data, or other code that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the operation of the Services or with any computer or property of another;

5.3.4 advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages; or

5.3.5 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).

5.4 We shall be entitled, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

5.5 You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party's) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses;

Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting;

Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;

Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.);

Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another's network, system, computer or other property.

6 TERMINATION

We reserve the right to immediately and without notice suspend or terminate your account or any of the Service if we reasonably believe that you have violated these Terms and Conditions. We have no obligation to provide you with notice of an alleged violation. . We may at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services.

7 LINKS TO THIRD PARTY WEBSITES

The Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Neither these Terms and Conditions nor our Privacy Policy governs the use of your information by third party websites.

8 COMPLIANCE WITH LAWS

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

You acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of the Services are subject to domestic and foreign U.S. laws (including the U.S. Export Administration Act and the regulations implemented thereunder by the U.S. Department of Commerce, the U.S. Foreign Corrupt Practices Act ("FCPA"), and all foreign laws similar to the FCPA) (all such laws and regulations collectively referred to herein as "Export Laws"), as the same may be amended from time to time, (ii) the transmission of Content via the Services may be subject to all domestic and foreign privacy laws applicable to the provision of Services (including the Electronic Communications Privacy Act (together with the Stored Communications Act),the Federal Trade Commission Act, the U.S. Patriot Act, the Children's Online Protection Act, state privacy laws (including the California Online Privacy Protection Act ("CalOPPA")), state wiretap laws, and, together with all respective federal and state regulations implementing those laws, as the same may be amended from time to time (all such laws and regulations collectively referred to herein as "Privacy Laws"), and (iii) agree to strictly comply with all Privacy Laws and Export Laws applicable, directly or indirectly, to your operation or use of the Services or your transmission of Content thereby.

9 INTELLECTUAL PROPERTY RIGHTS

9.1 The Services, the Website and content contained therein (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trademarks, patents and other intellectual property rights and laws. In accessing the Services you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. We hereby grant you a limited, personal, and non-exclusive license to copy and/or print pages viewed through the Website or the Services for personal, non-commercial use only.

9.2 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The license shall be terminated when such Content is deleted from the Services.

10 INDEMNITY

You agree to indemnify, defend and hold us harmless from and against (i) any and all Claims and Damages arising directly or indirectly (i) from any breach by you of these Terms and Conditions (ii) any Claim brought or threatened against us by any third party arising (a) out of your use of the Services or (b) by reason of or in connection with any Content submitted, posted or transmitted through the Services, howsoever such Claims or Damages are suffered or incurred by us as a result of (i) or (ii) following.

11 DISCLAIMERS AND LIMITATION OF LIABILITY

11.1 For purposes of Sections 10 and 11:

"Claim" shall mean any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing, written notice, arbitration, investigation, request for information, litigation, charge or complaint.

"Damages" shall mean any and all injury, damage, liability, judgment, loss, penalty, interest, cost and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim.

11.2 WARRANTY DISCLAIMERS. USE OF THE SERVICES IS AT YOUR OWN RISK. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF SERVICE, THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTY, EXPRESS OR LIMITED, WITH RESPECT TO THE SERVICES, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.

11.3 WE ARE NOT LIABLE FOR ANY DAMAGES WHATSOEVER TO THE EXTENT ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH LOST OR ALTERED MESSAGES OR TRANSMISSIONS OR UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS, DAMAGE OR DESTRUCTION OF YOUR CONTENT, DATA, PROGRAMS, INFORMATION, NETWORK OR SYSTEMS, EXCEPT TO THE EXTENT THAT ANY OF THE FOREGOING IS CAUSED BY OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

11.4 NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT TO THE CONTRARY, WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL COSTS, LIABILITIES OR DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING ECONOMIC LOSS OR LOST BUSINESS OR PROFITS, DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THE SERVICES, ANY INTERRUPTION OF SERVICE, OR ANY DELAY, ERROR OR LOSS OF DATA OR INFORMATION ARISING IN ANY MANNER OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT AND A PARTY’S PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY), ALL CLAIMS FOR WHICH ARE HEREBY SPECIFICALLY WAIVED. TO THE EXTENT SUCH DISCLAIMER IS PERMITTED BY LAW, WE HEREBY DISCLAIM LIABILITY FOR ANY OF THE FOREGOING COSTS, LIABILITIES OR DAMAGES CAUSED BY OUR GROSS NEGLIGENCE.

11.5 YOU ACKNOWLEDGE THAT THE SERVICES ARE NOT GUARANTEED TO BE SECURE OR FREE FROM TAMPERING, VIRUSES, OR OTHER SECURITY VIOLATIONS. ACCORDINGLY, WE HEREBY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY WHATSOEVER FOR THE SECURITY OF THE SERVICES, WHETHER OR NOT YOU HAVE IMPLEMENTED ENCRYPTION, FIREWALL PROTECTION OR ANY OTHER INTERNET SECURITY SERVICE OR DEVICE. YOU AGREE THAT THE TRANSMISSION OR USE OF CONTENT VIA THE SERVICES IS AT YOUR OWN RISK.

11.6 Notwithstanding the foregoing, nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence.

12 SEVERABILITY

If any of these Terms and Conditions should be held or determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be deemed separate, distinct and independent, and is to be deemed severed and ineffective to the extent of such holding or determination, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13 GOVERNING LAW

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which we maintain our headquarters. Captions and headings are for reference purposes only and are not substantive provisions. Pronouns used herein include the singular and plural, and are to be deemed masculine, feminine, and neuter, as the context may require. The references to "Realtor" and similar references are to an individual, corporation, partnership, limited liability company, limited partnership, limited liability partnership, or other legal entity, as the case may be.

Privacy Policy

Effective as of January 1, 2023

Introduction

We are committed to respecting your right to privacy and protecting your information when you visit dustintindallrealty.com and use our services. In order to do so we need to collect, process and retain some personal information about you so that we can deliver our products and services in a way that supports your unique needs and interests. We want you to know that we take your privacy and the security of your personal information seriously. We also want to be transparent about the types of personal information we collect about you, how we use your personal information, and with whom we share your personal information and why. This Privacy Policy is intended to provide you with that information and to inform you of the choices you have regarding the use and retention of your personal information.

About This Policy

This Privacy Policy applies to the {your website here} website and its associated products and services dustintindallrealty.com. The terms governing your use of our Website are defined within our Terms of Use. Please note that by using our Website, you are consenting to the terms defined within our Terms of Use and this Privacy Policy.

Additionally, we may develop and release new products and services from time-to-time. If the release of these products or services results in material changes to how we collect, use or share personal information about you, we will update this Privacy Policy accordingly or will provide additional notices to inform you of such changes.

The Types of Personal Information We Collect About You and How We Use It

For the purposes of this Privacy Policy, personal information is considered to be “any information that can be used to uniquely identify you or that can be reasonably linked, directly or indirectly, with you.” The specific pieces of personal information we collect about you depends on how you use our Website and what services you subscribe to. However, the general categories of personal information we collect about you are described by the following:

Account Data

Account Data is information that we collect about you when you inquire about or subscribe to our products and services. This type of information typically includes name, email address, phone number and mailing address, and enables us to contact you for purposes such as discussing your interest in our products and services, creating an account for you to access our online services. Once your account has been created, additional information about you, such as account and communication preferences, may also be requested to enable you to configure and personalize your account. Whether you provide this additional information is up to you. You can choose what additional information you wish to provide, make changes to existing information, and to opt out of future communications at any time by updating your account preferences.

Usage Data

Usage Data is information that we collect about you regarding your use of our Website, and typically includes the following:

Online identifiers such as IP addresses, MAC addresses and “cookie” data (see “What is a Cookie and How Is It Used?” for more information).

Information about the types of devices you are using to access the Website including device type, browser type, operating system and language settings.

Information about the Website pages you visit, including the date, time, and length of your page visits.

Information about which online services you use and how you interact with those services.

Usage Data helps us to optimize the design and operation of our Website to best suit your needs and interests. It also helps us to diagnose, troubleshoot and fix any technical issues involving our Website.

What is a Cookie and How Is It Used?

A “cookie” is a small text file that is stored on your computer and makes it easy for you to move around a website without having to continually re-enter information such as your username, password, preferences, and so on. We use cookies to store our Website users’ preferences, record user-specific information including what pages they visit or access, customize the web page content based on users’ browser type, and to enhance your overall user experience. We also use cookies for advertising purposes. In such instances, a unique ad-serving cookie will be placed on your computer by us or one of our advertising partners. Other Usage Data may also be collected to inform, optimize and deliver targeted ads to you.

Sharing of Personal Information We Collect

No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties

We also implement and maintain appropriate technical and operational controls (including encryption and 

access control measures) to protect your personal information while it is stored on our systems. With that said, please note that no system or data transmission is ever completely secure. While we make all reasonable efforts to protect the confidentiality of the information we collect about you, we make no guarantees, representations, or warranties with respect to the security of your personal information during storage or transmission.

Most of the information we collect about you is associated with your Website user account. To help protect your account, we encourage you to use a strong password that is unique to your use of our Website, never share your password with anyone, never store your password in an insecure location or manner, and logout of your account when you are finished using our Website. If you suspect that your password may have been compromised or that your account has been used in an unauthorized manner, we recommend you change your account password immediately. If you require any assistance with changing your account password, please contact us using the information and methods provided in the “How to Contact Us” section of this Privacy Policy.

Requesting Deletion of Your Personal Information

At your request, we will delete (or anonymize) any information we have collected about you over the last 12 months. Please understand, though, that we will not (nor are we legally obligated to) respond to more than two such requests within a 12-month period. We may also be legally required or allowed to retain your personal information in certain circumstances even when you’ve requested that we delete your information, including:

Where there is an unresolved issue relating to your account such as an outstanding credit, unpaid balance, or unresolved dispute.

Where we need to retain your personal information for our legal, tax, audit and accounting obligations as 

required by applicable law.

Where it is necessary to maintain your personal information for our legitimate business interests such as fraud prevention or to maintain the security of our Website.

To request deletion of any personal information we have collected about you within the last 12 months, please contact us using the information and methods provided in the “How to Contact Us” section of this Privacy Policy.

Please note that by deleting your personal information, you may lose access to or use of certain portions of our Website or services. Therefore, we strongly suggest that you confirm you no longer wish to use our Website or services before making such requests.

Notice to California Residents

If you are a resident of California, then the collection, processing and use of your personal information may be subject to the California Consumer Privacy Act (“CCPA”) as well as other applicable California state privacy laws.

As a company that does business in California and collects the personal information of some California residents, we are required to inform you of the consumer rights afforded to you under the CCPA, and to enable you to exercise those rights with regards to any personal information that we may have collected about you.

Your CCPA Rights

The Right to Know How Your Personal Information is Used

As a California resident, the CCPA affords you the right to request information about the collection, use, and disclosure of your personal information over the previous 12 months, including:

the categories and specific pieces of personal information about you that have been collected;

the purposes for which your personal information have been collected, used or sold (where applicable);

The categories of third parties with whom your personal information have been disclosed;

The categories of personal information about you that have been disclosed for a business purpose; and where applicable:

the categories of personal information about you sold to third parties; the categories of third parties to whom your personal information was sold; and the categories of personal information about you for each third party to whom your personal information was sold.

The Right to Request Deletion of Your Personal Information

You are also afforded the right to request the deletion of any personal information that has been collected about you over the prior 12 months, subject to certain exceptions. Please refer to “Requesting Deletion of Your Personal Information” section for more information.

The Right to “Opt Out” of the Sale of Your Personal Information

Under the CCPA, you may also request that your personal information not be sold to any third parties. Businesses who sell the personal information of California residents are required to respect “opt out” requests for a period of at least 12 months before requesting your authorization to resume selling your personal information.

The Right to Not Be Penalized for Exercising Your Rights

Lastly, business required to comply with the CCPA are prohibited from charging you a fee, requiring you to pay higher prices or rates for services, providing you a lower level of service, or terminating your services altogether for exercising your rights under the CCPA; understanding, however, that some personal information may need to be retained in order to continue to deliver those services to you.

How to Exercise My CCPA Rights

To request details regarding any information about you that we may have collected over the last 12 months, and/or to request the deletion of any such information, please contact us directly using the information and methods provided in the “How to Contact Us” section of this Privacy Policy.

Please note that the CCPA does not obligate us to provide the requested information to the same consumer more than twice in a 12-month period.

Opting Out of the Sale of Your Personal Information

We have undertaken extensive steps to identify whether any of our data sharing arrangements would constitute the “sale” of personal information under the CCPA. We continue to maintain that we do not sell, trade, rent or otherwise disclose personal information to a third party for “monetary or other valuable consideration” and, therefore, are not required to provide you the ability to “opt out” of the sale of your information since we do not engage in such activities.

Notice to Canadian Residents

Under Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA"), business who collect the personal information of Canadian residents are required to adhere to series of privacy principles concerning their handling of such information, including: the principles of accountability; purpose; consent; limited collection; limited use, disclosure and retention; accuracy; safeguards; openness; access; and compliance.

This Privacy Policy explains our support for the principles of accountability; purpose; consent; limited use, disclosure and retention; safeguards; openness; and access. The principles of limited collection, accuracy, and compliance are addressed below:

Limited Collection

We limit the information that we collect about you to that which is necessary to support our business and to deliver our products and services to you in accordance with this Privacy Policy.

Corrections

You can make corrections to any personal information that we have collected about you by updating your account settings and preferences. If you require assistance in making these corrections, please contact us directly using the information and methods provided in the "How to Contact Us" section of this Privacy Policy.

Complaints and Access Requests

If you are a Canadian resident and wish to request more information about our privacy practices, to request details regarding the personal information about you that we have collected, or to file a complaint, please refer to the "How to Contact Us" section of this Privacy Policy for more information.

Transmissions of Personal Information Across International Borders

The personal information of Canadian residents may be transmitted to the facilities of third-party service providers in the United States for processing and storage in accordance with the purposes described in this Privacy Policy. All parties involved will abide by the terms of this Privacy Policy. Our service providers are subject to certain safeguards, including the execution of a Non-Disclosure Agreement and the requirement that any personal information provided to them be destroyed upon completion of the service or returned to us. Personal information processed in the United States may be lawfully accessed by U.S. courts, law enforcement and national security agencies as described in the "Sharing of Personal Information We Collect" section of this Privacy Policy.

Use of Our Website by Children

Our Website is not intended for use by children under 13 years of age. We would never knowingly collect personal information from or about children under the age of 13. If you are under 13 years of age, please do not use our Website or provide any of your personal information to us.

If you are a parent of a child under the age of 13 and become aware that your child may have provided their personal information to us, please contact us using the information and methods provided in the "How to 

Contact Us" section of this Privacy Policy.

Updates to this Privacy Policy

Occasionally, we may update this Privacy Policy and reserve the right to make these amendments or modifications at any time by posting the revised Privacy Policy on the Website. When such changes are posted, it is important that you review those carefully so that you thoroughly understand the impact such changes have on the collection, storage, use and sharing of your personal information. If you have any further questions regarding this Privacy Policy, you are encouraged to contact us directly using the information and methods provided in the "How to Contact Us" section of this Privacy Policy.