This Privacy Policy was last modified on June 6, 2017.

Privacy Policy

Welcome to Open Listings ("Open Listings, “OL”, " "we," "us" or "our"). Open Listings provides an easy way for you to follow updates to for sale properties listed on Multiple Listing Services and other available digital marketplaces.  Our Privacy Policy explains how we collect, use, share and protect information in relation to our Services as defined in Terms.  Your use of our Service is subject to this privacy policy, which is incorporated and made a part of our Terms always available at www.openlistings.com/legal/terms.

You understand by using our Services you acknowledge that we are providing a platform for you to post content, including photos, comments and other materials ("User Content"), to the Services and to share User Content publicly. This means that other Users may search for, see, use, or share any of your User Content that you make publicly available through the Services, consistent with the terms and conditions of this Privacy Policy and our Terms at https://openlistings.com/legal/terms.

Because we’re always looking for new and innovative ways to provide you with new features and services, this Privacy Policy may change over time, but any future changes will not affect data that was collected under a previous version of the Privacy Policy. If any modifications substantially change your rights, we will send an email summarizing the changes to the address associated with your OL account and provide prominent notice here and on the homepage of our website.

And remember, we’re here to help. If something in this policy does not make sense or if you have any questions, please contact us at support@openlistings.com.

Our Privacy Policy applies to all visitors, authorized and registered users who access the Service ("Users") and applies to both personal and non-personal information as follows. We refer to Personally Identifiable Information (“PII”), when we specifically mean information that includes a personal identifier like your name, email or address, or information that could reasonably be linked back to you. When reference the term aggregated, or meta, or de-identified information, we mean information that does not identify or could not reasonably be linked back to you. We refer to both types of PII and non-PII data collectively as information below.

Here’s what we’ll cover:

1.  Information we collect.  We collect the following types of information.

1.1.  Information you provide us directly:

1.2.  Information provided by third-party organizations such as an MLS or Brokerage: Open Listings may obtain information (e.g. name, email address) about non-registered users from a third-party service or organization and invite them to register for a personal account. Invited users have the choice to not use or register for Open Listings and can unsubscribe from communications at any time.

1.3.  Inviting others to Open Listings: If you choose to invite someone to the Service, you may select a person directly from the contacts list on your device and send a text or email from your personal account. You understand and agree that you are responsible for any charges that apply to communications sent from your device, and because this invitation is coming directly from your personal account, Open Listings does not have access to or control this communication. Invited users have the choice to not use or register for Open Listings and can unsubscribe from communications at any time.

1.4. Analytics information: We use third-party analytics tools to help us measure traffic and usage trends for the Service. These tools collect information sent by your device or our Service, including the web pages you visit, add-ons, and other information that assists us in improving the Service. We collect and use this analytics information with analytics information from other Users so that it cannot reasonably be used to identify any particular individual User.

1.5.  Cookies and similar technologies: When you visit the Service, we may use cookies and similar technologies like pixels, web beacons, and local storage to collect information about how you use Open Listings and provide features to you. We may ask advertisers or other partners to serve ads or services to your devices, which may use cookies or similar technologies placed by the third party or us.

1.6. Log file information: Your browser automatically reports Log file information each time you make a request to access (i.e., visit) a web page or app. It can also be provided when the content of the webpage or app is downloaded to your browser or device. When you use our Service, our servers automatically record certain log file information, including your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks and how you interact with links on the Service, domain names, landing pages, pages viewed, and other such information. We may also collect similar information from emails sent to our Users, which then help us, track which emails are opened and which links are clicked by recipients. The information allows for more accurate reporting and improvement of the Service.

1.7. Device identifiers: When you use a mobile device like a tablet or phone to access our Service, we may access, collect, monitor, store on your device, and/or remotely store one or more "device identifiers." Device identifiers are small data files or similar data structures stored on or associated with your mobile device, which uniquely identify your mobile device. A device identifier may be data stored in connection with the device hardware, data stored in connection with the device's operating system or other software, or data sent to the device by Open Listings. A device identifier may deliver information to us or to a third party partner about how you browse and use the Service and may help others or us provide reports or personalized content and ads. Some features of the Service may not function properly if use or availability of device identifiers is impaired or disabled.

1.8.  Metadata: Metadata is usually technical data that is associated with User Content. For example, Metadata can describe how, when and by whom a piece of User Content was collected and how that content is formatted. Users can add or may have Metadata added to their User Content including a hashtag (e.g., to associate with a listing when you post a photo), comments or other data. This makes your User Content more searchable by others and more interactive.

1.9. Active Location Features. The OL Services includes features that require the collection of specific location data, including: GPS signals, device sensors, Wi-Fi access points, and cell tower IDs. We only collect this type of data when you activate a location feature, such as run mapping. We stop collecting this type of data when you deactivate the feature. We store this information in your OL account.  If you are using a partner or third party app or service, such as our mapping feature, we will send your location information to our mapping service provider so they can display your location on a map. They are contractually prevented from sharing or using this data for any other purpose.

2. HOW WE USE YOUR INFORMATION:  In addition to some of the specific uses of information we describe in this Privacy Policy, we may use information that we receive to:

3. SHARING OF YOUR INFORMATION:  

3.1.  Parties with whom we may share your information: We may share User Content and your information (including but not limited to PII and non-PII data) with businesses that are legally part of the same group of companies that Open Listings is part of, or that become part of that group ("Affiliates") or with our third party partners, referred to Service Providers and defined below, who support and promote our Services. Under our contracts with them, they are not allowed to use your information for any purpose other than supporting and promoting our Services. If you follow a link on our Services to a third party site, its privacy policy governs the collection and use of information you provide on that site or service.

3.2.  Public Record Information: Please be aware that home sales and purchases are a matter of public record, and your name and address, the price you paid, your property taxes, and other information will be available from public sites regardless of the brokerage(s), if any, who assist in the transaction. We post on our Sites some information that typically becomes part of the public record of a home sale or purchase.

3.3.  Non-Public Record Information: We share information obtained from you that is not public record in order to facilitate your home purchase or sale transaction.

3.4.  Service Providers to all OL Clients: Our agents work with third parties to process your home search and sale transaction, and must share your information with those third parties. Examples include MLSs and providers of software used for document preparation and electronic signing.

Third party partners may use this information to help provide, understand, and improve the Service (including by providing analytics) and own services (including by providing you with better and more relevant experiences). We also may share your information as well as information from tools like cookies, log files, and device identifiers and location data, with third-party organizations that help us provide the Service to you ("Service Providers").  Our Service Providers will be given access to your information as is reasonably necessary to provide the Service under reasonable confidentiality terms. 

3.5.  We allow third-party companies to collect certain information when you visit our web site. These companies may utilize cookies, pixels or other technologies to collect and use non-personally identifiable information (e.g., hashed data, click stream information, browser type, time and date, subject of advertisements clicked or scrolled over) during your visits to this and other web sites in order to provide advertisements about goods and services likely to be of greater interest to you.  To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit the websites of the Digital Advertising Alliance at www.aboutads.info and Networking Advertising Initiative at www.networkadvertising.org/choices/.

3.6.  Parties with whom you may choose to share your User Content: Any information or content that you voluntarily disclose for posting to the Service, such as User Content, becomes available to the public, as controlled by any applicable privacy settings that you set. To change your privacy settings on the Service, please change your profile setting. Once you have shared User Content or made it public, that User Content may be re-shared by others. If you remove information that you posted to the Service, copies may remain viewable in cached and archived pages of the Service, or if other Users or third parties have copied or saved that information.

3.7.  What happens in the event of a change of control: If we sell or otherwise transfer part or the whole of Open Listings or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, User Content and any other information collected through the Service may be among the items sold or transferred. You will continue to own your User Content. The buyer or transferee will have to honor the commitments we have made in this Privacy Policy.

3.8.  Responding to legal requests and preventing harm: We may access, preserve and share your information in response to valid legal process (like a search warrant, court order or subpoena). OL may cooperate with and disclose information (including your account information) to any appropriate authority, government official or third-party, without giving any notice to you, in connection with any investigation, proceeding or claim arising from an asserted illegal action or infringement whether related or unrelated to your use or misuse of our Services.  We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; and to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm.


4. HOW WE STORE YOUR INFORMATION

4.1.  Storage and Processing: Your information collected through the Service may be stored and processed in the United States or any other country in which Open Listings, its Affiliates or Service Providers maintain facilities.

4.2.  Transfer.  Currently, only US legal residents can register for an OL account or use certain of our Services.  Open Listings, its Affiliates, or service providers may transfer information that we collect about you, including personal information in or outside the United States in other jurisdictions around the world.  By registering for and using the Service you consent to the transfer of information to the U.S. or to any other country in which Open Listings, its Affiliates or Service Providers maintain facilities and the use and disclosure of information about you as described in this Privacy Policy.

4.3. We use commercially reasonable safeguards to help keep the information collected through the Service secure and take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. However, Open Listings cannot ensure the security of any information you transmit to Open Listings or guarantee that information on the Service may not be accessed, disclosed, altered, or destroyed.

4.4. Please do your part to help us. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to emails between you and Open Listings, at all times. Your privacy settings may also be affected by changes the social media services you connect to Open Listings make to their services. We are not responsible for the functionality, privacy, or security measures of any other organization.

5. YOUR CHOICES ABOUT YOUR INFORMATION

5.1.  Your account information and profile/privacy settings: Update your account at any time by logging in and changing your profile settings. Unsubscribe from email communications from us by clicking on the "unsubscribe link" provided in such communications. As noted above, you may not opt out of Service-related communications (e.g., account verification, purchase and billing confirmations and reminders, changes/updates to features of the Service, technical and security notices).

5.2.  How long we keep your User Content: Following termination or deactivation of your account, Open Listings, its Affiliates, or its Service Providers may retain information (including your profile information) and User Content for a commercially reasonable time for backup, archival, and/or audit purposes.

6. CHILDREN'S PRIVACY.  Open Listings does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Service. The Service and its content are not directed at children under the age of 13. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us.

7. OTHER WEB SITES AND SERVICES.  We are not responsible for the practices employed by any websites or services linked to or from our Service, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party's own rules and policies. In addition, you agree that we are not responsible and do not have control over any third-parties that you authorize to access your User Content.

8. CHANGES TO OUR PRIVACY POLICY.  This Privacy Policy may change over time, but any future changes will not affect data that was collected under a previous version of the Privacy Policy. If any modifications substantially change your rights, we will send an email summarizing the changes to the address associated with your OL account and provide prominent notice here and on the homepage of our website. If you do not agree to the new terms of the Privacy Policy, please stop using the Service.

9. Miscellaneous

9.1.  “DO NOT TRACK” SIGNALS:  Although we would like to honor the browsers set with a “Do Not Track” signal, the Sites do not currently respond to a DNT or similar signal as it awaits the results of efforts by the policy and legal community to determine the meaning of DNT and the proper way to respond. However, we believe that consumers should exercise choice regarding the collection of this type of data.

10. HOW TO CONTACT US.  If you have any questions about this Privacy Policy or the Service, please contact us via email.