INFORMATION COLLECTION AND USE
The types of information we collect depend on your level of engagement with our Site. The higher the level, the more information we need to provide our services. We collect several types of information from and about users of our Site, including information by which you may be personally identified, such as first and last name, e-mail address, telephone number, or any other information the Site collects that is defined as personal or personally identifiable information under an applicable law/any other identifier by which you may be contacted online or offline.
The information we collect on or through our Site or via MLSListings, Inc. may include:
- Information that you provide by filling in forms on our Site. This includes information provided at the time of registering to use our Site, subscribing to our service, posting material, or requesting further services.
- Information when you enter a contest or promotion sponsored by us, and when you report a problem with our Site.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Details of transactions you carry out through our Site and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Site. This includes your credit card information, name, and billing address.
- Your search queries on the Site.
Aculist is the sole owner of the information collected on the Aculist websites. We do not sell, share or rent this information other than as disclosed in this statement.
PUBLIC INFORMATION & EMAIL
Some information, such as office information, is provided by the Multiple Listing Service (MLS) database. This information displays on Aculist sites with listing information, and may display on listings that appear on third party sites, at which time it will become public information and no longer under MLSListings’ or Aculist’s control.
PRIVATE EMAIL ADDRESSES
Aculist may require a personal email address. This email address will only be used by Aculist and will not be made available to the public. Aculist will use the private personal email address to notify members about emergency MLS or Site downtime, to send MLS system maintenance notifications, to email the electronic newsletter, and to send Aculist updates. Your private email address can be changed at any time by updating it in your profile.
SHARING AND DISCLOSURE
We may disclose aggregated information about our users without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Aculist’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Aculist about our Site users is among the assets transferred.
- To third parties to market their products or services to you if you have not opted out of these disclosures.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our website, we will transmit the contents of that email and your email address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Aculist, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
All payments to us are done through our third party billing system. You will be asked to supply certain information relevant to your transaction including your credit card information and billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant us the right to save such information in our records for purposes of facilitating the completion of transactions initiated by You or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. You can request that we delete your records at anytime by contacting email@example.com.
This Site contains links to other websites. Aculist is not responsible for the privacy practices of such sites. We encourage you to be aware when you leave our Site, and to read the privacy statements of websites that collect personally identifiable information. This privacy statement applies solely to information collected by this Site.
Servers for our Site/s automatically receive and record some information into a log. For aculist.com, this includes identifying your browser, aculist.com cookie information, IP address and the page/s you request. We use IP addresses to analyze trends, administer the Site, and gather broad demographic information for use in improving Site performance. IP addresses are not linked to personally identifiable information. On aculist.com, the cookie identifies the browser on that machine. If an error occurs while the user is on the Site, the cookie will be logged into an error file on the server.
DO NOT TRACK
Currently, various browsers — including Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to websites’ visited by the user about the user’s browser DNT preference setting. Aculist does not currently commit to responding to browsers’ DNT signals with respect to the Site, in part, because no common industry standard for DNT has been adopted by industry groups, technology companies or regulators, including no consistent standard of interpreting user intent. Aculist takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.
UPDATING PERSONAL INFORMATION
If you need to update your personal information in the Aculist database, you may do so in your Aculist profile settings or by contacting firstname.lastname@example.org. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
CALIFORNIA PRIVACY RIGHTS
California Civil Code Section §1798.83 permits users of our Site 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 send an email to email@example.com, call Customer Support at (866) 734-5787, or write us at: Aculist, Inc, 350 Oakmead Parkway, Suite 200, Sunnyvale, CA 94085.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. When an order form asks for sensitive information, such as a credit card number, that information is encrypted and protected (while on a secure page, the lock icon on browsers becomes locked, as opposed to unlocked, or open, when you are just ‘surfing’).
We also protect user information offline. All of our users’ billing information is restricted within our office. Only employees who need the information to perform a specific job (for example, the billing department or an accounting representative) are granted access to billing information. The servers that store personally identifiable information are kept in a secure environment.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Aculist maintains reasonable and appropriate measures to protect the personal information obtained through the Site and in connection with our services from loss, misuse and unauthorized access, disclosure, alteration and destruction. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.
If you have any questions about the security on our Site, you can email firstname.lastname@example.org.
Aculist requires certain information from a user on order forms, such as contact information (like name or billing address) and financial information (like credit card number, expiration date). This information is for billing purposes and to fill orders. If we have trouble processing an order, this contact information is used to get in touch with the user.
SURVEYS & CONTESTS
From time-to-time our Site requests information from users via surveys or contests. Participation is completely voluntary and you have a choice whether or not to disclose requested information (such as name and shipping or email address). Contact information will be used to notify winners and award prizes. Survey information will be used for monitoring or improving the use and satisfaction of this Site.
CHILDREN UNDER THE AGE OF 13
Our Site is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information on this website or on or through any of its features/register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, email address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at email@example.com.
Copyright and Intellectual Property Policy
Notice and Procedure for Filing Claims of Copyright Infringement
Aculist respects intellectual property laws (including the federal Digital Millennium Copyright Act, aka DMCA) and the rights of others, and will respond to written notifications of alleged infringement by copyright owners, or their authorized agent, according to this copyright policy.
If you believe your work has been reproduced in a way that constitutes copyright infringement, you may notify us by submitting a written communication to our Copyright Agent and providing the information listed below:
- The full legal name of the copyright owner and the physical or electronic signature of the person legally authorized to act on behalf of the owner of the infringed copyright (and if you are not the copyright owner, a description of your relationship to the copyright owner).
- A description of the copyrighted work or works for which copyright infringement is claimed, including a detailed description of the infringing material and where the material is located on our website, such as a URL.
- A signed statement that: the above information is accurate, and that you have a good faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this matter.
- Your name, address, telephone number and e-mail address, so that our Copyright Agent may contact you about your complaint.
By submitting an infringement notification, you are initiating a legal process. Filing false claims, or other misuse of this process, can result in substantial penalties, according to Section 512(f) of the DMCA, including damages and attorneys’ fees.
Response to Notifications
Once notified in writing, Aculist will act quickly to remove or disable access to potentially infringing material hosted on our websites. (Aculist does not have control over content residing on any third party sites, and cannot remove content from any website not under our direct control.)
We will also alert the person or entity that submitted the allegedly infringing material, and provide them with a copy of the infringement notification. Aculist reserves the right to suspend or terminate access to Aculist for persons who repeatedly or blatantly infringe the copyrights of others.
If a notice of copyright infringement has been wrongly filed against you, or if you believe your content was removed or disabled by mistake or misidentification, you may submit a counter notification to our Copyright Agent. To be valid, a counter notification must be in writing and must include the following elements:
- The full name, address, phone number and email address of the counter-claimant, our counter-claimant’s agent, and a physical or electronic signature.
- Identification of the material that has been removed, or to which access has been disabled, and the location (such as a URL) at which the material appeared before it was removed or access was disabled.
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of an error or misidentification.
- A statement that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S., for U.S. Federal District Court for the Northern District of California located in San Francisco, CA); and that you will accept service of process from the original complainant.
Upon receipt of a valid written counter notification, Aculist will provide the original claimant with a copy of the counter claim. After 10 business days following receipt of the counter notification, the DMCA allows Aculist to restore the removed material, providing the original claimant does not file a court order to restrain the use of the infringing material.
Before submitting a counter-claim, be sure you are the legal rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the consequences of submitting a false claim.
Notices related to all copyright issues should be sent as follows:
350 Oakmead Parkway, Suite 200
Sunnyvale, CA 94085
Attention: Aculist Legal & Compliance Department
Notice of copyright infringement by e-mail may allow our Copyright Agent to begin investigating the alleged infringement; however, Aculist must receive your signed statement, as described above, by mail or as an attachment to your e-mail before we are required to take action.
The above information should not be construed as legal advice. If you’re not sure whether the use of the material in questions infringes your copyright, consider contacting an attorney before filing a notification or counter-notification.
For further information about the DMCA, please visit the website of the United States Copyright Office at: http://www.copyright.gov/onlinesp.
In addition to the above, Aculist always reserves the right to remove any content without prior notice and at our sole discretion.
Last modified: December 29, 2017