AgentData Terms of Use | Agent Data Privacy Policy

 

Terms of Use

Effective Date: July 13th, 2022

Welcome to AgentData. Our platform offers tech, tools & traction for real estate agents playing for the long-term, starting with personalized real estate farming and follow-ups and on auto-pilot.

PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”). BY USING OUR SOFTWARE OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE OUR SOFTWARE OR SERVICES.

These Terms are a legal and binding agreement between our company, Harma Data, Inc., DBA AgentData (“AgentData”, “our” and “we”) and you (also referred to as “your”) that governs access and use of the services provided by AgentData (collectively, the “Services”) at www.AgentData.com, the AgentData Platform and any other technologies that are made available to you by AgentData (collectively, the “Sites”).

By using any of the Sites or Services, you agree to comply with and be bound by these TERMS and the Site’s Privacy Policy, found at https://agentdata.com/privacy-terms-and-conditions/ and incorporated herein by reference.

YOU UNDERSTAND THAT BY USING ANY OF THE SITES OR SERVICES, YOU ARE AGREEING TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS AND IN ITS ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITES OR SERVICES.

ACCEPTANCE OF THESE TERMS IMPLIES YOUR AGREEMENT TO MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE, IN ACCORDANCE WITH SECTION 28 OF THESE TERMS.

If you agree to these TERMS on behalf of a business or corporation, you represent and warrant that you have the full authority to bind that business or corporation to these TERMS and your agreement to these TERMS will be treated as if the agreement was also made by the business or corporation. In that event, when these TERMS refer to “you” or “your” will refer and apply to both that business or corporation and you.

    1. Terms. This Agreement applies to all kinds of use of the Sites and Services. AgentData reserves the right, in its sole discretion, at any time to modify, discontinue or terminate ‑in whole or in part- the Sites or the Services, and to modify these TERMS and/or the Privacy Policy in consequence. When AgentData updates, supplements or adds components to the Sites or Services (collectively, “Updates”), these TERMS will apply to the Updates, unless otherwise provided by AgentData. Any such modifications or Updates shall be effective immediately, unless otherwise provided by AgentData. You can view the most recent version of these TERMS at any time at https://agentdata.com/privacy-terms-and-conditions . Posting on any of the Sites or contacting you by any means is considered sufficient notice to you of any modifications or Updates to the TERMS and/or the Privacy Policy. However, you agree to be bound by any modification or Updates of these TERMS, even if you have not received any notice of such a change. If modifications or Updates of the TERMS are not acceptable to you, you shall not access nor use the Sites or the Services. Your continued use of the Sites or the Services constitutes ratification of your full acceptance of these TERMS and any modification or Upgrade to them.
    2. You. You shall enter the Sites with or without being registered and having a user account (“User Account”). If you are logged into your User Account while using the Sites or the Services you will be considered by these TERMS and the Privacy Policy as a “User”. You are not logged into your User Account while using the Site you will be considered by these TERMS and the Privacy Policy as a “Visitor”. In order to be eligible to create a User Account, being a User and use the Services you must be a resident of the United States, 18 years of age or older and be a licensed real estate agent. By registering for a User Account, you certify that you are 18 years of age or older, a United States resident and a licensed real estate agent. If you are registering on behalf of a business or corporation, you represent and warrant that you have full authority to create the User Account on behalf of that business or corporation.
    3. User Account. In order to use the Services, you will need to create and later log-in to your User Account. You hereby agree to provide current, complete, true and accurate Account information. You agree to keep your log-in information confidential and not authorize any third party to use it or to use your User Account. You agree that we may attribute all use of your User Account to you, and that you are responsible for all activities that occur under your User Account, and for any content posted, transmitted, uploaded or otherwise provided by or from your User Account. You agree to notify us immediately if you suspect any unauthorized use of your User Account, the Services, or any other breach of security. Although AgentData will not be liable for any of your losses caused by unauthorized use of your User Account, you may be liable for the losses of AgentData or third parties due to such unauthorized use. Depending on your type of Campaign (as defined below), state of residence or other criteria, your User Account may not have full access to all features or functionalities available through the Services and you agree not to attempt to access any such restricted features or functionalities. If we become aware of unauthorized access to, or any disclosure or loss of, your personal information, we will notify you consistent with our obligations under applicable laws. We will also provide you with information regarding the unauthorized access, disclosure or loss.
    4. Third Party Websites; Additional Products and Services. Within the Sites or Services you may encounter links or references to third-party web sites (“Linked Sites”), including the third-party services that AgentData integrates with (“Integrated Services”). Linked Sites and Integrated Services are governed by their own terms of use and privacy policies. You may need to use or obtain additional products or services to use the Sites or Services. You must obtain or use these products or services separately and pay all associated charges.
    5. License to Use of the Services. Conditioned on your compliance with these TERMS, AgentData grants you a limited, personal, revocable, non-exclusive and nontransferable license to access and use the Sites and Services. AgentData reserves the right to discontinue your access to the Sites and Services, in accordance with Section 12 of these TERMS.
    6. License Restrictions and Intellectual Property Rights and Ownership. The license granted in Section 5 is conditioned on your compliance with the following: 
      1. You acknowledge that all names, logos, trademarks, patents, copyrights, software, platforms, APIs, documents, manuals, specifications, methods, functionalities, tools, procedures, algorithms, data, technical data, databases, materials, tools, contents, trade secrets, technology, products, services and all related features contained within the Sites or Services are owned by or licensed to AgentData (“AgentData Features”).
      2. You must not attempt to work around, disable, bypass, modify, or defeat any technical limitations in the Services or to use the Services in an attempt to, or in conjunction with any device, program or service, circumvent any security features or any technical measures employed to control access to, or the rights in, any of the AgentData Features, content, file or other work;
      3. You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Sites and Services, except and only to the extent that applicable law expressly permits, despite this limitation;
      4. You must not download, copy, resell, distribute, exploit, develop or create other developments based on the Services or any AgentData Features, neither in whole or in part, without the express and written permission from AgentData;
      5. You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the Sites, Services or any features or functionality of the Services or any AgentData Features to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
      6. You must not modify or make any derivative works of the Services or AgentData Features, in whole or in part;
      7. You must not remove any proprietary notices or labels on the Services or the AgentData Features or any copy thereof;
      8. You must not use the Services in, or in association with, the operation of any hazardous environments or properties, including any safety-critical recipients, or any police, fire or other safety response properties; and military properties, or other government environments;
      9. You must not attempt to interfere, with the proper functioning of the Services or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the Services or any portion thereof;
      10. You must not make any use of the Services in any manner not permitted by these TERMS or documentation provided by AgentData related to the Services; and
      11. You must use the Services in compliance with all applicable laws.
    7. Campaigns. Fees and Payment Terms
      1. Subject to your compliance with these TERMS, you shall be able to create different farming campaigns (“Campaigns”). Each Campaign corresponds to a specific Farming Area and Campaign Targets (as both are defined below).
      2. You will be able to see the pricing of all types of Campaigns at the following link: https://agentdata.com/pricing/ (“Campaign Fees”). Depending on the Campaign Target (as defined below) of your choosing, AgentData will provide the possibility to pay the respective Campaign Fees in 9 or 12  monthly installments.
      3. The possibility of paying in monthly installments will be terminated, and you will have to pay AgentData the corresponding total Campaign Fees, deducting the value of the installments you have already paid, under the following circumstances: (i) when you choose to terminate your User Account or your use of the Services; or (ii) when your User Account or your access to the Services is suspended or canceled by AgentData under Section 12.C.
      4. All fees, prices, discounts, and promotions are subject to change without notice. The price charged for a fee, product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes (if applicable). We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrence.
      5. You agree to pay for the Services in advance of the time period during which such Services are provided and shall be billed automatically to the payment information provided. If your credit card on file for a recurring payment is declined during an attempt to charge it, your access to the AgentData Site and Services may be restricted or suspended until the payment is processed successfully. The account shall be restored upon successful payment in full.
      6. We may offer from time to time promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these TERMS. If there is a conflict between the terms for a promotion and these TERMS, the promotion terms will govern.
    8. Services and Campaigns
      1. The Services provided by AgentData include giving you access to contacting potential real estate property (“Assessor’s Parcel Number” or “APN”) sellers (“Leads”) by different means, within a specific area of the United States of your choosing (“Farming Area”).
      2. In order to access the Services, you shall create at least one Campaign from your User Account. When creating a Campaign, you will be able to draw a polygon in the map provided by AgentData, where you will be able to create your Farming Area and choose one of the following Campaign targets (“Campaign Targets”): (i) Absentee Owners (Leads that don’t live in their corresponding APN); (ii) NOD (Leads that have already received one or more Notices of Default corresponding to their APN); (iii) Commercial (shows only commercial APNs); and (iv) Full Farm (default farming, showing every Lead and APN within the Farming Area). Each Campaign gives you access to the Farming Area designated by you, so that AgentData provides you contact information of the Leads in that Farming Area that meet the criteria of the Campaign Target of your choice. You will also be able to manually upload to your Campaign contact information of other Leads of your knowledge whose APNs are located within the Farming Area.
      3. The Farming Areas of two or more Users that chose Absentee Owners, NOD or Commercial Campaign Target can overlap completely without them getting the same Leads or APNs. If a User chooses any of those Campaign Target and another User chooses the Full Farm Campaign Target while their Farming Areas overlap, they may get some of the same Leads or APNs. If a User creates a Farming Area that overlaps with a previously created Farming Area, that User will only get contact information of Leads and APNs that were loaded to AgentData after the previous Farming Area was created. One User can create any number of Campaigns, even if the Farming Areas and/or Campaign Targets overlap. These rules are subject to modifications or changes in order to build a better user experience. In case of any modification or changes to these rules, Section 1 will be applicable to such changes.
      4. To create a Campaign, you will need to enter your payment method and electronically sign an online document containing the terms of the agreement between you and AgentData. In case of discrepancy between the document and the TERMS, these TERMS will prevail.
      5. The Services provided by AgentData include the automatic and periodic delivery of marketing campaigns and real estate valuation reports to Leads on behalf of you (“Touches”). The type of Touches that AgentData may send to Leads are emails, postcards, letters and Short Message Service text messages (“SMS”). However, you hereby acknowledge that no automatic SMS will be sent to Leads before they accept AgentData’s applicable terms and privacy policy. The order and periodicity of such Touches are preset by AgentData, but you will be able to customize their content from your User Account. The amount and type of Touches that will be sent to Leads varies depending on the Campaign Target of your choice, and can be found in the following link: https://agentdata.com/pricing/. You will also be able to contact the Leads directly, using the contact information provided by AgentData.
      6. AgentData will not charge you or the Lead any additional fees if the Lead’s APN is sold in your Farming Area.
      7. The Services may be governed by various local, state, or federal law and regulation, including CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Cellular Telephone Industries Association requirements, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction and under any other applicable laws). AgentData may in its sole discretion limit your use of the Services or implement features to assist with legal compliance, but you are solely responsible for your use of the Services and compliance with all applicable rules, regulations, and laws. By using the Services, you further understand that AgentData is not responsible for, and make no representations about, your compliance with any State of Federal consumer protection surrounding the use of text messaging or automated telephone dialing systems;
      8. By using the Services and creating one or more Campaigns, you are expressly permitting us to send Touches to the Leads in your Farming Area described in Section 8.C on your behalf.
      9. You are solely responsible for all content that you, or anyone accessing your User Account uploads, posts, emails, transmits, shares, or otherwise disseminates using, or in connection with, the Services and your User Account (“User Content”). AgentData does not claim ownership of User Content. You grant to AgentData and its affiliates and service providers a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate User Content (and derivative works thereof) in connection with the operation and marketing of the Services. AgentData is under no obligation to enable the transmission of User Content through the Services and may, in its sole discretion, edit, block, refuse to post, or remove User Content at any time. You represent and warrant that you have the rights necessary to grant the rights in this Section and that User Content does not infringe the rights of AgentData or any third party or violate any agreement with or policy of AgentData or any applicable law. If AgentData suspects violations of the foregoing, AgentData may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.
      10. If your User Account, Campaigns or provision of Services by AgentData is canceled or suspended for any reason, AgentData will cancel or suspend any delivery of Touches to the Leads on your behalf. However, you accept and acknowledge that AgentData may continue delivering those Touches on your behalf until AgentData’s databases are updated in order to stop delivering those Touches. Hereby you resign to any possible claim or action against AgentData regarding those Touches delivered on your behalf.
      11. If a Lead commissions you to sell his or her APNyou must disable the Lead from all Campaigns that may target that specific Lead from the Campaign management section, in order for us to suspend any delivery of Touches to the Lead on your behalf. However, you accept and acknowledge that AgentData may continue delivering those Touches on your behalf until AgentData’s databases are updated to stop delivering those Touches. Hereby you resign to any possible claim or action against AgentData regarding those Touches delivered on your behalf.
      12. In accordance with our privacy Policy, if the Lead asks you to stop contacting him or her, you must disable the Lead of all Campaigns from the Campaign management section. However, you accept and acknowledge that AgentData may continue delivering those Touches on your behalf until AgentData’s databases are updated to stop delivering those Touches. Hereby you resign to any possible claim or action against AgentData regarding those Touches delivered on your behalf.
      13. AgentData uses third parties to gather information about Leads. You hereby acknowledge, accept and release AgentData from any responsibility regarding any false, outdated or inaccurate information or errors in the information provided.
    9. Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the Services other than the right to use the Services in accordance with these TERMS. AgentData reserves and retains its entire right, title, and interest in and to the Services, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
    10. Indemnity. 
      1. You hereby agree to indemnify, defend and hold harmless AgentData and its officers, directors, partners, employees, and affiliates,  from and against any liabilities, losses, claims, damages and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way related to: (a) Your access to or use of the Sites, and/or the Services, including User Content; (b) Your violation of these TERMS or applicable law; and/or © Your violation of any third party right, including without limitation any intellectual property right, publicity, privacy, confidentiality, or property right.
      2. AgentData reserves the right to assume, even at your sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with AgentData.
    11. Services Availability and Support. AgentData  will make its best efforts to provide you support in relation to the Sites, Services or your User Account within a reasonable period of time. Moreover, AgentData will make its best efforts  to keep the Sites, Services and  your User Account available and accessible to you.. You hereby acknowledge that your use of the Services and access to the Sites and your User Account may occasionally be restricted, delayed or temporally unavailable for service, upgrades, maintenance, or other reasons. It may also be restricted, delayed, or temporally unavailable for service, upgrades, maintenance, or other reasons by third parties, such as mobile carriers. From time to time, AgentData’s support in relation to the Sites, Services or your User Account may be restricted, delayed, or temporally unavailable due to service, upgrade, maintenance, or other reasons. To the maximum extent authorized under applicable law, AgentData reserves the right to suspend or cancel your User Account, your Campaigns, your use of the Services, and discontinue your access to the Sites or to User Content provided or made available to you through the Services at any time without notice. You hereby acknowledge that the Sites and all software, Services, information, materials, forums, tools and third-party content provided or offered by AgentData are provided or offered by AgentData and its third-party licensors and content providers on an “as is,” “as available” basis, without representation or warranty of any kind by AgentData, including but not limited to the implied warranties of merchantability, noninfringement and fitness for a particular purpose. Without limiting the prior statement, AgentData cannot vouch for the quality, accuracy, completeness, use by third parties or currentness of any content, third-party content, User Content or information sold or provided by AgentData or third parties. does not endorse any third-party content or User Content or any opinion, recommendation, or advice expressed therein, and AgentData expressly disclaims any and all liability in connection with third-party content and User Content.
    12. Termination and Suspension
      1. You can terminate your User Account and cancel your use of the Services at any time by selecting “Cancel Subscription” in your User Account preferences subject to verification for security and as such AgentData requires 60-day notice of account cancellations. Your access to the User Account will be disabled after your notification of cancellation is received and the account will not be accessible by you after said date. In accordance with Section 7.C, following your termination of your User Account under this subsection, the possibility of paying in monthly installments will be terminated, and you will have to pay AgentData the total Campaign Fees in one full payment, deducting the value of the installments that you have already paid.
      2. AgentData reserves the right to terminate or suspend your User Account and these Terms and to suspend or terminate the Services or your access thereto at any time with or without prior notice and without need to express any cause.
      3. AgentData may terminate or suspend your User Account in the event that: (i) you have owed a monthly installment of a Subscription Fee for over 30 days; or (ii) you fail to comply with any provision or obligation under these TERMS. In accordance with Section 7.C, following your termination of your User Account under this subsection, the possibility of paying in monthly installments will be terminated, and you will have to pay AgentData the total Campaign Fees in one full payment, deducting the value of the installments that you have already paid.
      4. Upon termination, all licenses and other rights granted to you by these TERMS will immediately cease. AgentData is not liable to you or any third party for any termination. Upon any termination or suspension, any information (including User Content) that you have submitted on the Sites or that which is related to your User Account may no longer be accessed by you. Furthermore, AgentData will have no obligation to maintain any information stored in AgentData’s database related to your User Account or to forward any information to you or any third party.
      5. Sections 7, 8.J, 8.K, 13–15, 17, 21- 28 of these TERMS will survive any termination, cancellation or suspension of your User Account or the Services.
      6. According to Section 8.J, if your User Account or provision of Services by AgentData is canceled or suspended for any reason, AgentData will cancel or suspend any delivery of Touches to the Leads on your behalf. However, you accept and acknowledge that AgentData may continue delivering those Touches on your behalf until AgentData’s databases are updated in order to stop delivering those Touches. Hereby you resign to any possible claim or action against AgentData regarding those Touches delivered on your behalf.
    13. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENTDATA DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, AGENTDATA HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE SERVICES WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.
    14. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENTDATA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE SERVICES.
    15. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 13, AGENTDATA’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (I) $10.00; OR, (II) THE AGGREGATE AMOUNT PAID OR OWING FOR THE SERVICES DURING THE 6 MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.
    16. IMPORTANT CONSUMER NOTICE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 12 , 13 , OR 14 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU LIVE IN OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY DAMAGES LIMITATIONS WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTION 13, 14 , OR 15 MAY NOT APPLY TO YOU.
    17. Independent Remedies. The disclaimer and limitation of warranties and the exclusion of damages under Sections 13 and 14 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fails of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 13 and 14 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, © fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
    18. Notification of Copyright Infringement. AgentData respects the intellectual property rights of others and expects you to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, AgentData will respond expeditiously to claims of copyright infringement committed using AgentData’s service that are reported to AgentData. If you believe your work has been copied in a way that constitutes copyright infringement please provide a notice containing all of the following information to our Designated Copyright Agent: 
      1. An electronic or physical signature of the person authorized to act on behalf of the Lead of the copyright interest;
      2. A description of the copyrighted work that you claim has been infringed;
      3. A description of where the material that you claim is infringing is located on the Site or materials;
      4. Your address, telephone number, and e‑mail address;
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright Lead, its agent, or the law; and,
      6. A statement by you, made under penalty of perjury, that the above information in Your notice is accurate and that you are the copyright Lead or authorized to act on the copyright Lead´s behalf.

AgentData’s Designated Copyright Agent for Notice of claims of copyright infringement on the

Site can be reached as follows: [email protected]

    1. Counter Notices. One who has posted material that allegedly infringes a copyright may send AgentData a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When AgentData receives a counter notice, we may in our discretion reinstate the material in question in not less than 10 nor more than 14 days after we receive the counter notice unless we first receive notice from the copyright claimant that they have filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to us, please provide the following information to AgentData’s Designated Copyright Agent. Please note that if You provide a counter notice, in accordance with the AgentData’s Privacy Policy and the terms of the DMCA, the counter notice will be given to the complaining party. 
      1. Identification of the material that has been removed or to which access has been disabled on AgentData’s service and the location at which the material appeared before it was removed or access to it was disabled.
      2. A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
      3. Your name, address, telephone number and, if available, email address.
      4. The following statement “I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which AgentData may be found, and I will accept service of process from the complaining party who notified AgentData of the alleged infringement or an agent of such person.
      5. A statement by you, made under penalty of perjury, that the above information in Your counter notice is accurate.
      6. Your physical or electronic signature.

The Counter Notice should be delivered to AgentData’s Designated Copyright Agent: [email protected] .

    1. Notification of Trademark Infringement. AgentData will also respond expeditiously to claims of trademark infringement committed using AgentData’s service that are reported to AgentData. If you believe your work has been copied in a way that constitutes trademark infringement, please provide a notice containing all of the following information to our Designated Trademark Agent: 
      1. An electronic or physical signature of the person authorized to act on behalf of the Lead of the trademark interest;
      2. A description of the mark that You claim has been infringed;
      3. A description of where the material that You claim is infringing is located on the Site;
      4. Your address, telephone number, and e‑mail address;
      5. A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark Lead, its agent, or the law (e.g. fair use, First Amendment, not likely to create consumer confusion, etc.); and,
      6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that You are the trademark Lead or authorized to act on the trademark Lead´s behalf.

AgentData’s Designated Trademark Agent for Notice of claims of copyright infringement on the Site can be reached as follows: [email protected]

  1. Relationship between you and AgentData. For purposes of these TERMS, including if you become a User and create a User Account, you are not considered under any circumstance an employee or agent of AgentData, and you will not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under these TERMS, including without limitation any expenses associated with the implementation of these TERMS.
  2. International Export Control. Neither party will export to foreign countries, either directly or indirectly, any product, service or technical data or system incorporating technology without first obtaining any required license or other approval from the U.S. Department of Commerce or any other agency or department of the United States government. In the event any product is exported from the United States or re-exported from a foreign destination by either party, that party will ensure that the distribution and export/re-export or import of the product is in compliance with all laws, regulations, orders, or other restrictions of the U.S. Export Administration Regulations and the appropriate foreign government. Both parties agree that neither it nor any of its affiliates will export/re-export any technical data, process, product, or service, directly or indirectly, to any country for which the United States government or any agency thereof or the foreign government from where it is shipping requires an export license, or other governmental approval, without first obtaining such license or approval.
  3. Force Majeure. AgentData will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to AgentData infrastructure or connectivity to the Internet, or failure at AgentData co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, AgentData will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
  4. Modifications to these TERMS. AgentData reserves the right to change these TERMS and any complementary terms at any time without notice to you. You agree to periodically review these TERMS for changes and you can review the most current TERMS at any time at https://agentdata.com/privacy-terms-and-conditions/ . Your continued use of the Services after the effective date indicates your acceptance of the updated TERMS, even if you have not reviewed them. If, at any time, you do not agree to the TERMS, you must cancel your User Account and stop using the Services.
  5. Notices. AgentData may give you all required notices (including legal process) by any lawful method, including by posting notices on the Services or Sites, or by sending it to any email address that you provide to AgentData. You agree to send AgentData notices by mailing them to the following address: 13412 Ventura Blvd, Suite 350, Sherman Oaks, CA 91423.
  6. Other General Provisions.
    1. With the exception of Section 28, if any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these TERMS will remain in full force and effect. You and AgentData intend that the provisions of these TERMS be enforced to the fullest extent permitted by applicable law. Accordingly, you and AgentData agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion.
    2. Section titles are only for convenience and have no legal or contractual significance.
    3. Any list of examples following “including”; or “e.g.”; is illustrative and not exhaustive, unless qualified by terms like “only”; or “solely”
    4. AgentData may assign, transfer, or sublicense its rights and duties under these TERMS, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your User Account, to the Services, or under these TERMS and any purported assignment, transfer or sublicense shall be null and void.
    5. If, at any time, AgentData fails to respond to a breach of these TERMS by you or others, that failure will not waive AgentData’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on AgentData if it is in writing and signed by AgentData.
    6. These TERMS (including additional terms and any incorporated terms or policies) constitute the entire agreement between you and AgentData with respect to your User Account and the Services.
    7. Both you and AgentData warrant to each other that, in entering these TERMS, neither AgentData nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these TERMS.
    8. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and AgentData, or AgentData’s successors and permitted assigns, will have any right to enforce any of these TERMS.
  7. Governing Law. The laws of the State of California, U.S.A. will govern these TERMS without giving effect to any principles of conflicts of laws. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of California, county of Los Angeles, U.S.A., and of the United States District Court for the Central District of California for any litigation arising out of or relating to use of or purchase made through www.AgentData.com (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the courts of the State of California, county of Los Angeles, U.S.A., and agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum.
  8. Agreement to Arbitrate and Class Action Waiver. You and AgentData each agree that any and all disputes or claims that have arisen or may arise between you and AgentData relating in any way to or arising out of this or other versions of these TERMS, your use of or access to the Sites or Services, or any products or services sold, offered, or purchased through the Sites shall be resolved exclusively through final and binding arbitration, rather than in court. Alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; or OPT-OUT OF THE ARBITRATION PROVISION WITHIN 30 DAYS FROM YOUR FORMATION OF THIS AGREEMENT by emailing [email protected] with “OPT OUT” in the subject line and providing your name, address, and express statement that you do not wish to resolve any disputes with AgentData via arbitration.

The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate.

Prohibition of Class and Representative Actions and Non-Individualized Relief 

YOU AND AGENTDATA AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND AGENTDATA AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON´S OR PARTY´S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Arbitration Procedures

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of these Terms of Service as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of this Agreement to Arbitrate, or the interpretation of Section 1 of this Agreement to Arbitrate (“Prohibition of Class and Representative Actions and Non-Individualized Relief”), shall be for a court of competent jurisdiction to decide.

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules and procedures, including the AAA´s Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate. The AAA´s rules are available at www.adr.org or by calling the AAA at 1–800-778‑7879 FREE. The use of the word “arbitrator” in this provision shall not be construed to prohibit more than one arbitrator from presiding over an arbitration: rather, the AAA´s rules will govern the number of arbitrators that may preside over an arbitration conducted under this Agreement to Arbitrate.

A party who intends to seek arbitration must first send to the other, by certified mail, a written notice describing the nature of the dispute in reasonable detail (“Notice”). The Notice to AgentData should be sent to AgentData, at ATTN: LEGAL, 13412 Ventura Blvd, Suite 350, Sherman Oaks, CA 91423. AgentData will send any Notice to you to the physical address we have on file associated with your User Account; it is your responsibility to keep your physical address up to date. All information called for in the Notice must be provided, including a description of the nature and basis of the claims the party is asserting and the relief sought.

If you and AgentData are unable to resolve the claims described in the Notice within 30 days after the Notice is sent, you or AgentData may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA’s site at www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, the party initiating the arbitration must mail a copy of the completed form to the opposing party. You may send a copy to AgentData, at ATTN: LEGAL, 13412 Ventura Blvd, Suite 350, Sherman Oaks, CA 91423. In the event AgentData initiates an arbitration against you, it will send a copy of the completed form to the physical address we have on file associated with your User Account. Any settlement offer made by you or AgentData shall not be disclosed to the arbitrator.

If the value of the relief sought is $10,000 or less, you or AgentData may elect to have the arbitration conducted in the county in which you reside or by telephone or based solely on written submissions, which election shall be binding on you and AgentData subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, you and/or AgentData may attend by telephone unless the arbitrator requires otherwise.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. The arbitrators award shall be final and binding and judgment on the award´rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Costs of Arbitration 

Payment of all filing, administration, and arbitrator fees will be governed by the AAA´s rules available at https://www.adr.org/Rules, unless otherwise stated in this Agreement to Arbitrate. If the value of the relief sought is $10,000 or less, AgentData will reimburse all filing, administration, and arbitrator fees associated with the arbitration, unless the arbitrator finds your claims to be frivolous, baseless, or without merit. In the event the arbitrator determines the claim(s) You assert in the arbitration to be frivolous, you agree to reimburse AgentData for all fees associated with the arbitration.

*        *        *

AgentData Privacy Policy

Effective Date: July 13th, 2022

HarmaData, Inc. DBA AgentData (“we”, “us”, “our”) is committed to protecting the privacy of visitors to its websites and users of its web and mobile applications and platform such as AgentData Platform (the “Platform”), as well as any products, and services (each a “Service” and collectively with the websites, applications, the “Services”). When you access, browse, or use the Services or the Platform, your information will be collected, transferred, processed, stored, and disclosed in accordance with this privacy policy (“Policy”).

HarmaData, Inc. is a California corporation, whose address is 13412 Ventura Blvd, Sherman Oaks, CA 91423.

This Policy governs:

  1. the collection, processing and disclosure practices for the Services and the AgentData Platform regarding your personal information as real estate Agent, In this respect, AgentData is deemed as a Business regarding your personal information under applicable law; and
  2. the processing practices of AgentData regarding the Lead´s Information and your Campaign Databases (as defined below). In this respect AgentData is deemed as your Service Provider, while you, as the Agent, are deemed as the Business that controls the Lead´s Information and your Campaign Databases, under applicable law.

This Policy complements our Terms of Use, that can be found on this same page. All definitions used in our Terms of Use are applicable to this Policy.

IF YOU DO NOT AGREE WITH THIS POLICY OR THE INFORMATION COLLECTION, USE, AND DISCLOSURE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE THE SERVICES OR THE P LATFORM OR DO NOT REGISTER A USER ACCOUNT.

  1. INFORMATION COLLECTION PRACTICES
    1. General.  When  you register for a User Account in our Platform, you agree to provide some personally identifiable information from you as part of the registration process.. In line with our Terms of Use, you also acknowledge that in order to use the Services you may need to provide your personal profile photo, your cell phone number, links to your social media accounts, links to your websites and your signature. When you interact with the website or the Services, including when you only interact as a visitor without registering, you may also provide certain additional types of information which we may store and which, in general, do not directly identify you. For example, you may provide information into our server logs from your browser or device including your IP address, browser type and language, referring/exit pages and URLs, other browser history, device type, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. This Section of the Policy outlines the various ways that information is provided when using the Services. Please fully review this Policy before you use the Services or submit information to us.
    2. Information that You Provide
      1. Registration and Login. Certain Services require you to register for an account (“User Account”). When you register for a User Account you may be asked to provide some personally identifiable information, such as your name, email address, country, organization name, keyword and a password that you select. When you register a User Account and log in to a Service you must provide your current, complete, and accurate information. It is your responsibility to keep your information up to date. We are not responsible for any problems, interruptions in access, or liability that may arise if you do not give us complete and accurate information or if you fail to update your information so that it is current.
      2. Marketing Profile. In order to use the Services, you may be asked to provide certain information, such as your personal profile photo , brokerage logo (if applicable) and team logo (if applicable), phone number, email address for marketing purposes, signature, real estate agent license number and information about your company (if applicable) such as name, address, brokerage license number.
      3. Payment. In order to pay any fees to AgentData for the use of the AgentData Platform or the Services, you may be asked to provide personally identifiable payment information data. Please review Section 4 to learn more about the way in which we process this information securely.
    3. Information about your Use of the Services. By using the Services, you may provide us with some information about you and any product or device you use to access or use the Services. This information about use of the Services may or may not directly identify you and the information may include your log information, IP address, browser type and language, referring/exit pages and URLs, other browser history, platform type, number of clicks, landing pages, cookie information, the pages you requested and viewed, the amount of time spent on particular pages, and the date and time. You may also provide us with data related to your campaigns, sales through the Services, and data related to how your customers interact with the Services. We may collect this information for the purposes described in this Policy, including to better understand our customer base and to improve the quality of our Services. 
      1. Cookies. A cookie is a small text file that is stored on a user’s computer. We may use cookie technology on our Services to allow us to evaluate and improve the functionality of our Services. Our third-party analytics provider may use cookies to record information about your activities on the Services to “remember” you when you return to the Services. Some cookies remain on your computer or device until you delete them. Others, like session ID cookies, expire when you close your browser. Cookies by themselves cannot be used to reveal your identity. They identify your browser, but not you, to our servers when you visit our websites. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. However, if you block them, you will not be able to use all of the features of our Services, including the customization features associated with creating a user profile. Further information about cookies and other similar technology and how they work is available at allaboutcookies.org. You may set your browser setting to attempt to reject cookies and you may still use the Services. See Section 5 on “Do-Not Track Settings” below for more information on how the Services may respond to your browser settings. The use of cookies by third parties is controlled only by such parties and regulated by their privacy policies. See Section 4 (Third Party Providers) for more information and review the privacy policies of all third-party providers for more information on third party cookies.
    4. Information from Other Sources. You may provide us with both personal and non-personal information about you from business partners, contractors, and other third parties and we may add it to our account information or other information we have collected. You may also provide us with information from Integrated Services that you connect to the Services, and you authorize us to provide the technical means for that purpose. The information you provide may depend on the privacy settings you have with such Integrated Services, so please consult the privacy policy pertaining to such Integrated Services.
  2. USE OF YOUR INFORMATION
    1. Purpose. General. We may use the information that you have provided us to: 
      • manage your User Account;
      • operate, maintain, and improve the Services (including providing you a more personal experience);
      • communicate with you;
      • provide you information about products and services (including products and services of third parties);
      • marketing and research purposes;
      • resolve disputes;
      • collect fees owed;
      • detect and protect against errors, fraud, and criminal activity; assist law enforcement;
      • enforce this Policy and any the terms related to the Services;
      • and any other purpose described in this Policy or that we describe to you at the time of collection.
    2. Email Communications. In line with Section 2.1, we may use your personally identifiable information to send you emails or other communications related to your User Account or the Services, or in response to your inquiries or requests. We may also send you marketing emails, surveys, or newsletters to notify you about products or services that may be of interest to you. If you would like to stop receiving marketing emails from us, please click on the unsubscribe link at the bottom of any marketing email you receive.
    3. Sending Touches to Leads. In line with our Terms of Use, your identifiable information, your phone number and email address may be used by you to send Touches to Leads (as both are defined by the Terms of Use) using for that purpose the AgentData Platform.
    4. Non-identifying Information. In line with Section 2.1, we may use non-identifying information for any lawful purpose, including analyzing trends, research, Services administration, tracking users’ movements around the Services, and to improve our business and the Services.
    5. Retaining Your Information. In general, we will retain your information for as long as is necessary to fulfill the purposes described in this document, or such longer period as may be required by applicable law.
  3. DISCLOSING YOUR INFORMATION
    1. Generally. We will not sell or rent any of your personal information to third parties for marketing purposes. However, from time to time, and as described in this Section we may disclose your personal information. We would always make that disclosure in accordance with applicable law. In some jurisdictions, data privacy laws may require us to obtain your consent before we transfer your information from your originating country to other countries.

      WHEN YOU AGREE TO THIS POLICY, YOU ARE, TO THE EXTENT REQUIRED AND PERMITTED UNDER YOUR LOCAL LAW, GRANTING YOUR CONSENT TO THE TRANSFER OF YOUR PERSONAL INFORMATION TO SUCH OTHER COUNTRIES FOR THE PURPOSE AND TO THE EXTENT STATED IN THIS SECTION AND AS DESCRIBED IN THE “USE OF INFORMATION” SECTION ABOVE.

      Circumstances where we might make such disclosure (in addition to those described in the “Use of Information” above) include the following described below.

    2. Our Service Providers and Suppliers. You agree that, like many other services, we may outsource the processing of certain functions and/or information to third parties, including analyzing trends, research, services administration, learning about users’ movements around the Services, and to improve our business, products, services, and the Services. We may also engage market research firms to assist us in contacting users for the purpose of market research and quality assurance. When we do outsource the processing of your personal information to third parties or provide your personal information to third-party service providers, we oblige those third parties to protect your personal information in accordance with the terms and conditions of this Privacy Policy, with appropriate security measures.

      Third party vendors, including Google, use cookies to serve ads based on your prior uses of the Platform. You can disable these specific cookies that track prior visits for the sake of follow-up advertising by opting out at http://www.google.com/privacy_ads.html.

    3. Consumer Insights. To the extent we hold personal information about you, we may disclose this personal information to other companies that also hold information about you. These companies may combine the information in order to better understand your preferences and interests, thereby enabling them and us to serve you better. If your personal information is used for direct marketing purposes, you have the right to object to that by contacting us using the contact information provided under the “Accessing and Updating Personal Information” section below.
    4. Legal Requirements. In some cases, we may disclose your personally identifiable information as required by law; to government regulators; to law enforcement authorities; in connection with any judicial proceeding, court order, subpoena, or legal process served on us or the Services. We also reserve the right to retain personal information collected and to process such personal information to comply with accounting and tax rules and regulations and any specific record retention laws.
    5. Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include personal information and we may otherwise disclose non-identifying information and log data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your personal information.
    6.  Social Media and Integrated Services. Our Services may also contain plug-ins and other features that integrate third party social media platforms into our Services. You will be able to activate them manually. If you do so, the third parties who operate these platforms may be able to identify you, they may be able to determine how you use this website and they may link and store this information with your social media profile. Please consult the data protection policies and/or privacy policies of these social media platforms to understand what they will be doing with your personal data. If you activate these plug-ins and other features, you will be doing so at your own risk.

      Moreover, you may configure your Account to connect with various Integrated Services, and share information, including event links and the content within the links. Information shared with any Integrated Services is subject to the privacy policies and practices of such Integrated Services, and you should familiarize yourself with the privacy policies and practices of such Integrated Services before connecting such Integrated Services with your Account. The privacy policies for some of the Integrated Services can be found at the following locations:

  4. THIRD-PARTY PROVIDERS. 
    1. General. We use third parties to help us operate and improve the Services. By using the Services, you consent that we may provide these third parties information we collect and that they may collect information from you and about your use of the Services. We may provide information we collect to third parties and it will, unless specifically noted otherwise in this Policy, be governed by this Policy and may only be used by those third parties to help us operate or improve our business or the Services and provide services to us. We do not control information collected by third parties and are not responsible for their use of that information. Please review their privacy policies for more information on their information collection, use, and sharing practices.
    2. Payment and Financial Services Providers. We use third party payment processors to assist us in processing your personally identifiable payment information securely. How such third-party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as this privacy policy. Please refer to such policies for further information (https://www.stripe.com/privacy-shield-policy).
    3. Analytics. We use third-party analytics services to help understand your usage of the Services. In particular, these third-parties collect data for analytics purposes when you visit our website or use the AgentData Platform or Services. These third parties analyze your use of our website and/or product and/or Platform and/or Services and tracks our relationship so that we can improve the Services we offer to you. We may also use these third parties as a medium for communications, either through email, or through messages within the Services. As part of our service agreements, third parties may collect publicly available contact and social information related to you, such as your email address, gender, company, job title, photos, website URLs, social network handles and physical addresses, to enhance your user experience. Third ‑parties’ services are governed by their own terms of use.
    4. Google Analytics. We use Google, a third-party analytics provider, to collect information about Services usage and the users of the Services, including demographic and interest-level information. Google uses cookies and pixels in order to collect demographic and interest-level information and usage information from users that visit the Services, including information about the pages where users enter and exit the Services and what pages users view on the Services, time spent, browser, operating system, and IP address. Cookies and pixels allow Google to recognize a user when a user visits the Services and when the user visits other websites. Google uses the information it collects from the Services and other websites to share with us and other website operators information about users including age range, gender, geographic regions, general interests, and details about devices used to visit websites and purchase items. We do not link information we receive from Google with any of your personally identifiable information. For more information regarding Google’s use of cookies, pixels, and collection and use of information, see the Google Privacy Policy, located at https://www.google.com/policies/privacy/. If you would like to opt out of Google Analytics tracking, please visit the following link: https://tools.google.com/dlpage/gaoptout.
    5. Third-Party Providers that provide information to you. IDI and BENUTECH
      AgentData Platform uses third parties to operate the Services. AgentData Platform uses IDI and BENUTECH services to provide Lead´s Information that is retrieved from publicly available databases directly to you, as the Business that controls the Lead´s Information. The Lead´s Information that will be directly provided to you ‑in the terms of our Terms of Use may include name, age, gender, address, email, phone number, real estate information, among others. We do not control information collected by third parties and are not responsible for their use of that information. Please review their privacy policies for more information on their information collection, use, selling and sharing practices.
  5. ONLINE TRACKING AND YOUR CHOICES
    Besides your selection of the “Do Not Track” option provided by your browser, you may also actively manage the settings on your browser to delete and disable cookies and other tools.
  6. RELEVANT INFORMATION ABOUT LEADS. AGENTS RESPONSIBILITY AS THE BUSINESS THAT CONTROLS ITS OWN LEAD’S INFORMATION 
    1. Lead’s Information. In line with our Terms of Use, the Services provided by AgentData include processing information of Leads (“Lead’s Information”) exclusively under Agent’s instructions (your instructions), hence, under applicable law, you are considered the “Business” regarding the Leads you control — and with which you create your own Campaign Databases to be processed through AgentData’s Platform‑, while AgentData is considered your “Service Provider” regarding Lead’s Information.
    2. Sources of Lead’s Information. Lead’s Information will be made available to you through IDI’s and BENUTECH’s services, companies that retrieve Lead’s Information from publicly available databases. Lead‘s Information can also be directly uploaded to or enriched at the AgentData Platform by you. In such a scenario, you will remain as the Business that has control over that Lead’s Information, and AgentData will still be considered a Service Provider in relation to that information. You hereby recognize and acknowledge that AgentData does not retrieve nor monitor Lead’s Information.  AgentData only gives you access to the Lead’s publicly Information available to you provided by IDI and BENUTECH through the AgentData Platform, in order for you to use it, process it, enrich it, and/or send Touches to the Leads under your control through the Campaign Databases processed through AgentData’s Platform.
    3. Your Campaign Databases. In line with our Terms of Use, in order to create the databases of Lead’s Information provided by IDI and BENUTECH for each of your Campaigns (“Campaign Databases”), you will need to draw a polygon in the map provided by AgentData, where you will be able to create your Farming Area and choose one of the four possible Campaign Targets. Therefore you will have one Campaign Database for each of your Campaigns. You will be the sole owner and controller of your Campaign Databases, and AgentData will be processing your Campaign Databases on a Service Provider role, and on your behalf.
    4. Responsibility for Lead’s Information and Campaign Databases. You are  the Business  and sole responsible for the control of Lead’s Information and Campaign Databases. In relation to this point, you declare and warrant the following: 
      1. Lead’s Information uploaded directly by you to the AgentData Platform has been collected in compliance with all applicable laws and regulations, including but not limited to, personal data protection laws such as California Shine the Light Law and California Consumer Privacy Act of 2018, which may require that consent be obtained from data subjects and/or a third party to use and process such information;
      2. Lead’s Information and Campaign Databases will be used by you in compliance with all applicable laws and regulations,  including but not limited to personal data protection laws such as California Shine the Light Law and California Consumer Privacy Act of 2018, which may require that consent be obtained from data subjects and/or a third party to use and process such information;
      3. AgentData’s processing of Lead’s Information and your Campaign Databases processed both on your behalf, within the framework of the AgentData Platform and/or the Services does not violate or infringe any  third parties rights, in particular the rights of the Leads;
      4. Your IT security processes, procedures and standards comply with applicable regulations and industry standards;
      5. As the Business that controls Lead’s Information of your Campaign Databases, you have implemented the appropriate processes and procedures to comply with the rights of information, access, updating, deletion and to opt-out of any sell of Lead’s Information which may be enacted by personal data protection laws such as California Shine the Light Law and California Consumer Privacy Act of 2018 (AgentData ‑as your Service Provider- will cooperate with you ‑as the Business that controls Lead´s Information of your Campaign Databases- to comply with the Lead´s rights, to the extent provided by personal data protection laws); and,
      6. As the Business that controls Lead’s Information of your Campaign Databases, you will be able to ask AgentData to erase any of the Lead’s Information as well as any of your  Campaign Databases from our AgentData Platform. However, this does not prevent IDI and/or BENUTECH from giving to other Users Lead’s Information that was included in your own Campaign Databases, when creating their own Campaigns in application of our Terms of Use. Please be aware that in some cases, your request to erase your Campaign Databases from our Platform may imply the termination of the Services.
    5. Purpose of the Lead’s Information contained in your Campaign Databases. In line with our Terms of Use, both you and AgentData hereby agree and acknowledge that we will process Lead’s Information contained in Campaign Databases exclusively for the purposes acknowledged by you and AgentData in our Terms of Use: offering the Lead your services as real estate Agent to sell the APN, promoting marketing and advertising campaigns regarding the services provided by you as real estate Agent. Within the purpose agreed and acknowledged above, AgentData will only process the Lead´s Information contained in your Campaign Databases as instructed by you, the Business that controls the Lead´s Information contained in your Campaign Databases.
    6. Disabling Touches for a Lead. If a Lead commissions you as Agent  to sell his or her APN or if the Lead asks you to stop contacting him or her, you must disable the Lead from the Campaign management section of the AgentData Platform, in order to suspend any delivery of Touches to the said Lead on your behalf. Moreover, you understand and acknowledge that in this case scenario when the Lead asks to stop being contacted by you, you must also cease any contact with that Lead outside of the AgentData Platform.
      Moreover, you will delete the said Lead from Campaign Databases, and thus we will refrain from processing on your behalf at the AgentData Platform: 
      1. any Lead’s Information that violates the applicable regulation, this Privacy Policy and/or infringes third party rights;
      2. any Lead’s Information when any consumer  requires your  to delete its own data in exercise of its rights under applicable law; and
      3. all Lead’s Information over which you do not have or cease to have rights or powers to process on the AgentData Platform.
    7. Indemnity.
      1. You hereby agree to release from factual and legal liability, indemnify, defend and hold harmless AgentData and its officers, directors, partners, employees, and affiliates, from and against any liabilities, losses, claims, damages and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way related to: (a) Your violation of this Section of the Privacy Policy; or (b) Your violation of any applicable law in relation to  Lead’s Information or Campaing Databases„  your processing  of that  Information and Databases, or our processing of Lead’s Information or Campaign Databases on your behalf .
      2. AgentData reserves the right to assume, even at your sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with AgentData.
  7. INFORMATION SECURITY MEASURES
    Keeping secure personal information that we collect is of great concern to us. While we have mechanisms in place to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

    Because the security of your personal information is important to us, we use Secured Socket Layer (“SSL”) software in order to encrypt the personal information that you provide to us. If your browser is SSL enabled (which most are), your transmission of personal information to us online will be encrypted. When you enter sensitive information (such as a credit card number) on payment page, we encrypt that information using secure socket layer technology (SSL). (You can also verify that your personal information will be encrypted using SSL encryption by making sure that the prefix for the web address listed for that page has changed from “http” to “https”. If you do not see the appropriate symbol and the “https” prefix, you should not assume that the personal information that you are being asked to provide will be encrypted prior to transmission.) We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.

    The personal information we collect from you online is stored by us and/or our service providers on databases protected through a combination of access controls, firewall technology and other reasonable security measures. Nevertheless, such security measures cannot prevent all loss, misuse or alteration of personal information and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law.

    We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored personal data to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system so that you can take the appropriate actions for the due protection of your rights.

  8. CHILDREN
    The Services are intended for real estate agents and are not directed to children under 18. We do not knowingly collect personal information from children under 18. If you become aware that a child has provided us with personal information without parental consent, please contact us by using the contact information in the Privacy Questions section at the bottom of this Policy, and we will take steps to remove the information and terminate the child’s User Account.

    Any individual under the age of 18 may request that his or her information, including content posted to the Services by that individual, be removed from the Services by contacting us by using the contact information in the Privacy Questions section at the bottom of this Policy, and we will take steps to remove the information. It is important to note that removal of content or termination of an account does not ensure complete or comprehensive removal of the content or information posted through the Services.

  9. CALIFORNIA SHINE THE LIGHT LAW
    California Civil Code Section 1798.83 permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed personal information (as defined under that statute) of that California resident, for direct marketing purposes in the preceding calendar year and the categories of that kind of personal information that was disclosed to them. If you are a California resident and you wish to make such a request, you may contact us at [email protected]
  10.  CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (CCPA)

    The California Consumer Privacy Act of 2018 (CCPA) provides California residents with certain rights regarding their “personal information,” as that term is defined in the CCPA.

    1. Right to know

      You have the right to request that we disclose to you (i) the categories of personal information we collected about you, (ii) the categories of sources from which the personal information is collected, (iii) the specific pieces of personal information we collected about you, (iv) the business or commercial purpose for collecting or selling personal information about you, (v) the categories of personal information about you that we sold or disclosed for a business purpose, and (vi) the categories of third parties to whom we sold or to whom we disclosed for a business purpose such information in the preceding 12 months. If you are a California resident, you may submit a “request to know” by using the contact information in the Privacy Questions section at the bottom of this Policy.

    2. Right to deletion
      You have the right to request that we delete personal information that we collected from you, subject to certain exceptions. If you are a California resident, you may submit a “request to delete” by using the contact information in the Privacy Questions section at the bottom of this Policy.
    3. Right to opt out of any sale of your personal information
      You have the right to request that we refrain from selling personal information that we collected from you, subject to certain exceptions. If you are a California resident, you may submit a “request to opt out” by using the contact information in the Privacy Questions section at the bottom of this Policy.
    4. Authorized agent
      California residents may designate an authorized agent in writing or through a valid power of attorney to exercise the CCPA’s right to know, right to delete and/or right to opt-out on their behalf. If using an authorized agent without a power of attorney, the authorized agent must provide proof that you gave the agent signed permission authorizing the named agent to submit the CCPA request on your behalf. Also, you must (i) submit information enabling us to verify your identity, such as a Social Security number or a copy of your Social Security card issued by the Social Security Administration, a certified or official copy of a birth certificate, or a copy of your driver’s license, identification card issued by the motor vehicle administration or any other government issued identification, or (ii) directly confirm to us that you provided the authorized agent permission to submit the CCPA request on your behalf. If you are using an authorized agent with a power of attorney, provide only the valid power of attorney executed lawfully under California Probate Code sections 4121 – 4130. If using an authorized agent, please submit your documentation to the following address: 13412 Ventura Blvd, Sherman Oaks, CA 91423.
      The CCPA does not apply to certain personal information, including that which is collected, processed, sold, or disclosed pursuant to the Gramm-Leach-Bliley Act (GLBA), the Driver’s Privacy Protection Act of 1994 (DPPA), “publicly available” information lawfully available from a government source, and data that is deidentified or aggregate consumer data. Due to these exemptions, certain IDI or BENUTECH services regarding data processing  are not subject to the CCPA.
  11. ACCESSING AND UPDATING YOUR PERSONAL INFORMATION
    1. Choice. You may always choose what personal information (if any) you wish to provide to us. However, if you choose not to provide certain details, some of your experiences with us may be affected, including the Services.

      If you provide us with your contact details (e.g., email address, telephone number), we may contact you to let you know about the products, services, promotions and events offered that we think you may be interested in. We may also share your personal information with carefully-selected third parties, who may communicate directly with you. In some jurisdictions, data privacy laws may require us to obtain a separate consent before we do so. You can always choose whether or not to receive any or all of these communications by contacting us as described below or following the “unsubscribe” instructions contained in the communications.

      In some jurisdictions, in addition to you agreeing to this Policy, data privacy laws may require us to obtain a separate consent before we send you information that you have not specifically requested. In certain circumstances, your consent may be implied (e.g., where communications are required in order to fulfill your requests and/or where you have volunteered information for use by us). In other cases, we may seek your consent expressly in accordance with applicable laws (e.g., where the information collected is regarded to be sensitive personal information under local regulations).

      We will abide by any request from you not to send you direct marketing materials. When such a request is received, your contact details will be suppressed rather than deleted. This will ensure that your request is recorded and retained unless you provide a later consent that overrides it.

      If you live in the European Economic Area, or an area with similar legal standards as the EU, you may have additional privacy rights available to you under applicable laws. We will process your requests in accordance with applicable data protection laws. If you would like to exercise any of the below rights, please contact us so that we may consider your request in accordance with applicable law:

      • Right not to provide or withdraw consent: You have the right not to provide or withdraw your consent at any time.
      • Right of access: You may have the right to access the personal data that you provided us.
      • Right of erasure: You may have the right to the erasure of personal data that we hold about you.
      • Right to object to processing: You may have the right to request that Hired stop processing your Personal Data and/or to stop sending you marketing communications
      • Right to rectification: You may have the right to require us to correct any of your Personal Data.
    2. Updating or Accessing Your Information. With some limited exceptions, you have rights to access and update personal information held about you from your User Account. If you want to inquire about any personal information we may have about you, you can do so by sending us a written request by letter or email to [email protected] Please be sure to include your full name, address and telephone number and a copy of a document evidencing your identity (such as an ID card or passport) so we can ascertain your identity and whether we have any personal information regarding you, or in case we need to contact you to obtain any additional information we may require to make that determination.

      You may request that we correct, cancel, and/or stop processing or using personal information that we hold about you. If we agree that the personal information is incorrect, or that the processing should be stopped, we will delete or correct the personal information. If we do not agree that the personal information is incorrect we will tell you that we do not agree, explain our refusal to you and record the fact that you consider that personal information to be incorrect in the relevant file(s).

      If you would like to cancel your User Account or update your personally identifiable information associated with your User Account, you may make such changes under the profile settings of your User Account. If you do not want your information accessed or stored as described in this Policy, you should not access, use, or register an User Account with the Services.

  12.  MODIFICATION OF THIS POLICY
    We will occasionally update this Policy. When we post changes to this Policy, we will revise the “Effective Date” at the top of this Policy. We recommend that you check our Service from time to time to inform yourself of any changes in this Policy or any of our other policies, and the ways you can help protect your privacy. In some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). If there are material changes to this Policy, we will notify you more directly by email or means of a notice prior to the change becoming effective.
  13.  PRIVACY QUESTIONS
    If you have questions or concerns about our privacy practices, please email us at: [email protected]