Effective Date: January 1, 2020
Last Reviewed on: January 1, 2020
This Privacy Notice for California Residents (“Notice”) supplements First’s Privacy Policy and applies solely to individuals that reside in the State of California (“consumers” or “you”) when they access our website (the “Site”) or use our mobile application (the “App”) (collectively the “Online Services”), contact us, or otherwise interact with us (collectively, the “Services”).
First Leads, LLC, a subsidiary of RE/MAX, LLC, First’s subsidiaries and affiliates (collectively “First,” “us,” “our,” or “we”), 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.
First collects 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:
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.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
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.
Current or past job history or performance evaluations.
Audio, electronic, visual, thermal, olfactory, or similar information.
Physical location or movements.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
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.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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).
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.
Personal information does not include:
First collects the categories of personal information listed above from the following categories of sources:
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
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.
Current or past job history or performance evaluations.
Directly from consumers. For example, from information provided through consumer’s account.Third parties. For example, consumer identity and access management companies.
Third parties. For example, consumer identity and access management companies.
Directly from consumers when they interact with our Online Services.Indirectly from consumers by observing their actions on our Online Services.
Third parties. For example, consumer identity and access management companies.
Third parties. For example, consumer identity and access management companies.
Directly from consumers. For example, when consumers create accounts or contacts us.Indirectly from consumers by observing their actions on our Online Services.Third parties. For example, MLS services and consumer identity and access management companies.
Directly from consumers. For example, when consumers create accounts or contacts us.Indirectly from consumers by observing their actions on our Online Services.Third parties. For example, MLS services and consumer identity and access management companies.
We may use or disclose to others the personal information we collect for one or more of the following purposes:
First 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.
We may disclose your personal information to 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:
We disclose your personal information for the following categories of third parties:
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:
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:
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:
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:
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
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 visiting the following link: [Coming soon. To submit a verified request, please call 800.218.1564, or email us at privacyrights@remax.com].
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:
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:
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:
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:
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
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 visiting the following link: [Coming soon. To submit a verified request, please call 800.218.1564, or email us at privacyrights@remax.com].
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
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.
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, please fill out this form: [Coming soon. To submit a verified request, please call 800.218.1564, or email us at privacyrights@remax.com].
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.
By email:
privacy@remax.com
By mail:
RE/MAX, LLC
Legal – Privacy
5075 S. Syracuse Street
Denver, CO 80237