Modified August 3, 2020
Residents of the European Economic Area (“EEA”), which includes the member states of the European Union (“EU”), should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.
Personal Data That We Collect and How We Use It
“Personal Information” is information that may be used to directly or indirectly identify an individual (which in some cases, may include device information). The Personal Information we collect may include: names, aliases, postal addresses, unique personal identifiers, online identifiers, Internet Protocol (IP) address, telephone numbers, email addresses or other similar identifiers. We may combine the Personal Information that we obtain about individuals from more than one source. AIR CRE may collect Personal Information about you when you visit the Sites. The majority of such Personal Information is collected when you register with the Sites to become a member, use our Services, including purchasing and use of our software or the AIRMail email platform, subscribe to updates or otherwise provide us with your contact information to obtain information about or to use our Services. Some of this Personal Information will be required if you wish to partake in the Services that we provide, including becoming a member or purchasing or downloading contracts or software.
In general, the type of Personal Information we collect includes, but is not limited to:
- Personal Information to contact you to promote our Services or alert you to special offers, features or matters of interest;
- Personal Information necessary to use the Services that you have requested, including becoming a member, purchasing or downloading contracts or our software, engaging in our mediation and arbitration services, or using our e-mail platform;
- Un-identifiable and aggregated Personal Information pertaining to your Site visits that help us maintain the appropriate features, functionality and user experience
We and our e-commerce providers use that data to: (i) register you as a member and enable you to log in to the Sites; (ii) allow you to obtain and use Services; (iii) guard against potential fraud; (iv) contact you if there is a problem with your account or order; (v) provide answers to your inquiries or questions; and (v) maintain regular communication with you as may be necessary to inform you of offers, updates and other information regarding AIR CRE and its Services.
Online Payment Provider
Non-Identifiable Data and Aggregated Personal Data
AIR CRE or our service providers, including Google Analytics, may also collect web surfing data related to your use of the Sites. Such information may include: your Internet Protocol (IP) address, browser type, and internet service provider (ISP); your operating system; which of our web pages you access and how frequently you access them; referral or exit pages; click stream data; and the dates and times that you visit the Sites. This data may be collected using cookies, web beacons, page tags or similar tools. As with cookies, the web surfing information is anonymous, “click stream” transactional data that is not associated with any users as individuals.
Web surfing data and similar information may be aggregated for administrative purposes. AIR CRE may, for example, use this aggregated information in the administration of the Sites to improve its usability and to evaluate the success of particular marketing and advertising campaigns, search engine optimization strategies, and other marketing activities. We also use it to help optimize the Sites based on the needs of our users.
Information Input Using Our Software
You may input Personal Information and other information (such as information relating to a certain property or transaction) when you use our software and Services. We may aggregate certain anonymized information for the purpose of preparing reports and market research, but will not include any Personal Information in such data or reports without the permission of the parties to a transaction.
Mediation and Arbitration Services
At your request in conjunction with our provision of mediation and arbitration services, you may submit Personal Information to us, such as contact information, regarding the dispute that is the subject or your request for such services. We will not share this information with anyone except for the purpose of providing you with mediation and arbitration services, including potential mediators or arbitrators. Please do not provide any confidential or privileged information to us in conjunction with mediation or arbitration requests.
How and When Your Information Is Shared With Other Parties
AIR CRE does not sell, trade or license Personal Information about its members for marketing purposes. We do, however, work with a number of trusted partners who perform vital functions as part of our operations, including processing payments for orders and fulfilling orders. We do not share your Personal Information unless it is necessary to fulfill our responsibilities, including providing information or services to you.
Additional Sharing of Information
We may engage third parties to help us carry out certain other internal functions such as account processing, client services, or other data collection relevant to our business. Personal Information is shared with these third parties only to the extent necessary for us to process the transactions you initiate or perform other specific services.
We may share your Personal Information with law enforcement or other government agencies as required by law or for the purposes of limiting fraud. We reserve the right to disclose your Personal Information when we believe that disclosure is necessary to protect our rights or to comply with a judicial proceeding, court order or legal process. We further reserve the right to disclose any of your Personal Information that we believe, in good faith, appropriate or necessary to take precautions against liability, to investigate and defend against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the Sites or our services, or to protect the rights, property or personal safety of AIR CRE, its users, issuers, or others.
We will not share your Personal Information if such sharing is prohibited by applicable privacy and data protection law, including, without limitation, the EEA’s General Data Protection Regulation effective May 25, 2018.
From May 25, 2018, all processing of Personal Information of EEA Residents is performed by AIR CRE in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Information and on the free movement of such data (“GDPR”).
Although we are based and operated in the United States and do not provide or target our Services in the EEA, we may obtain the Personal Information of EEA Residents. Under the GDPR, we are a processor or co-processor of the Personal Information of EEA Residents. Our purpose for collecting and processing Personal Information from or about EEA Residents is to authenticate contacts for our mailing list or provide marketing information about our Services. The legal basis for collecting Personal Information is to fulfill these purposes, including requests and contact from you. We also rely on you consent, including receiving communications regarding us and our Services or Products.
You may withdraw consent for obtaining such communications by following the “Unsubscribe” instructions on any communication or by contacting us at firstname.lastname@example.org.
AIR CRE also collects and processes your Personal Information if you become a member or if you use our Services, including purchasing and downloading contracts through our application. AIR CRE’s purpose for collecting and processing Personal Information from EEA Residents is to fulfill your requests for Services, including purchase of contracts. The collection of this data is necessary to fulfill a contract between you and us for such Services. If EEA Residents do not provide Personal Information to AIR CRE, you cannot avail yourself of our Services.
EEA Residents may obtain information about the Personal Information that AIR CRE holds about them by contacting AIR CRE at email@example.com.
International Data Transfers
If you are resident outside the United States, including in the EEA, we transfer Personal Information provided by you for processing in the United States. Under the GDPR, AIR CRE is considered a “controller” and a “co-processor” of the Personal Information of EEA Residents. By providing Personal Information to AIR CRE for the purpose of obtaining Services, you consent to the processing of such data in the United States. The transfer of your Personal Information to the United States is necessary for the performance of a contract between you and AIR CRE for obtaining Services.
Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.
Communications Regarding Our Services
We will send you email notifications and free newsletters from time to time with offers, suggestions and other information. Some notifications are communications relating to us and our Services. You may “opt-out” from receiving such communications by following the “Unsubscribe” instructions provided in the e-mail.
Legal or Security Communications
Account and Order Communications
If you become a member or use our Services we may send you communications regarding such Services. We may also send communications providing customer support or responses to questions regarding the operation of the Services. Generally, you may not opt out of such emails.
Deleting Your Information
If you want us to delete your Personal Information and your account, please contact us at firstname.lastname@example.org with your request. We will take steps to delete your information as soon as we can, but some information may remain in archived/backup copies for our records or as otherwise required by law.
Personal Information Retention
Links to Other Sites
Privacy in Submitted Materials
If you submit any photos or other materials to us, including through a social media platform, such as Instagram, such photos may be displayed on the Sites, including photos of yourself, other individuals or of real estate properties. By submitting such materials, you forego any privacy rights in such materials. Please consult the Terms of Service for other conditions relating to submission of materials to AIR CRE through social media Sites.
We take commercially reasonable steps to protect our customers’ Personal Information against unauthorized disclosure or loss. However, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, while we strive to protect user information we cannot ensure or warrant the security of any information you transmit to us or from the Sites. You engage in such transmissions at your risk.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at email@example.com.
Children Under 13
No portion of the Sites is directed to children under the age of 13. Consequently, we do not knowingly collect personal identifying information from any person we know is a child under the age of 13. If we learn that we have collected personal information from a child under age 13 we will delete that information as quickly as possible. If you are a parent or guardian of a child under 13 years of age and you believe your child has provided us with Personal Information, please contact us at firstname.lastname@example.org.
Your California Privacy Rights
Civil Code Section 1798.83
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California consumer, a business may be required to provide detailed information regarding how that business has shared that customer’s Personal Information with third parties for direct marking purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval or give you a free mechanism to opt out of having their Personal Information disclosed to third parties for their direct marketing purposes.
California Do Not Track Disclosures
Although some browsers currently offer a “do not track (‘DNT’) option,” no common industry standard for DNT exists. We therefore do not currently commit to responding to browsers’ DNT signals.
California Consumer Privacy Act (“CCPA”)
We have determined that the provisions of the CCPA do not apply to us. However, if you are a California consumer and would like to contact us, please do so at email@example.com or mail us at AIR CRE, 800 West 6th Street, Suite 1000, Los Angeles, California 90017.
Your Rights and Obligations
We ask that you keep the Personal Information that you provide to us current and that you correct any information you have provided us by contacting us at firstname.lastname@example.org. You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person.
If you are a resident of the EEA and wish to access or correct the Personal Information that AIR CRE has about you or have any questions relating to the processing of your Personal Information, please contact us at email@example.com with the subject line “GDPR Data.”
If you use the Sites, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account.