Aculist Privacy Policy

This privacy policy covers the treatment of personal information that Aculist, Inc. (Aculist) collects when you are on Aculist websites and when you use Aculist’s services. This policy does not apply to the practices of companies that Aculist does not own or control, or to people that Aculist does not employ or manage.

If you have questions about the Privacy Policy or how we address any of the following, write to us at support@aculist.com or call Customer Support at 866-734-5787.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our website. By accessing or using this website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

CHILDREN UNDER THE AGE OF 13

Our website is not intended for children under 13 years of age. No one under age 13 may provide any personal information to or on the website. 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 website, make any purchases through the website, use any of the interactive or public comment features of this website 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 support@aculist.com.

INFORMATION COLLECTION AND USE

The information we collect on or through our website may include:

• Information that you provide by filling in forms on our website. This includes information provided at the time of registering to use our website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our website.
• 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 website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our website.
• Your search queries on the website.

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. At no time does Aculist collect information from users other than information users voluntarily give to us.

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 website 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.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• 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 website 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.
• To enforce or apply our terms of use or terms of sale and other agreements, including for billing and collection purposes.
• 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.

LINKS

This website contains links to other sites. 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 collects personally-identifiable information. This privacy statement applies solely to information collected by this website.

COOKIES

A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our website. For example, you will not be able to complete a property search because our site uses cookies to “remember” search criteria while you are on the site. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our website.

Servers for our website/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 website, their cookie will be logged into an error file on the server.

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 support@aculist.com.

CALIFORNIA PRIVACY RIGHTS

California Civil Code Section §1798.83 permits users of our Website 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 support@aculist.com or write us at: Aculist, Inc, 350 Oakmead Parkway, Suite 200, Sunnyvale, CA 94085.

INFORMATION SECURITY

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 website, 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. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. 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 website.

If you have any questions about the security on our website, you can email support@aculist.com.

ORDER FORMS

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.

NOTIFICATION OF CHANGES/CHANGES TO THIS PRIVACY POLICY

Aculist may amend this policy from time to time. If we make substantial changes in the way that we use personal information, we will post an announcement on aculist.com. If you feel that aculist.com is not abiding by its posted privacy policy, please send an email to support@aculist.com.

Last modified: February 17, 2017

 

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.

Counter Claims

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:

 

  1. The full name, address, phone number and email address of the counter-claimant, our counter-claimant’s agent, and a physical or electronic signature.
  2. 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.
  3. 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.
  4. 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:

By mail:
Aculist, Inc.
350 Oakmead Parkway, Suite 200
Sunnyvale, CA 94085
Attention: Aculist Legal & Compliance Department

By e-mail:
legal@mlslistings.com

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