PRIVACY POLICY FOR INDIVIDUALS INTERACTING WITH Your Home Sold Guaranteed Realty – The Jesse Warmka Team CLIENTS

Last Updated: January 24, 2024

Introduction

Your Home Sold Guaranteed Realty – The Jesse Warmka Team Inc. (“Your Home Sold Guaranteed Realty – The Jesse Warmka Team”, “we”, “us”, or “our”) provides technologies, products, and services (collectively, “Services”) used by our real estate agent and realtor clients whose branding is displayed on the website with which you are interacting (the “Client”).

If you are a visitor to our Client’s website (the “Site”), this Privacy Policy applies to you, and describes Your Home Sold Guaranteed Realty – The Jesse Warmka Team’s policies and practices regarding the collection, use and disclosure of your personal information in connection with your use of the Site and our provision of the Services to our Client. In this case, Your Home Sold Guaranteed Realty – The Jesse Warmka Team provides the Services solely as a service provider and data processor, and only uses the personal information collected at the direction of the Client. This Privacy Policy does not apply to any websites, applications or other online services that do not link to this policy, including other services provided by the Client; nor does this Privacy Policy apply to the Client’s subsequent use of information collected through the Site or Services. Please contact the Client to learn about how they use your personal information.

    1. Personal Information We Collect
        • Your Home Sold Guaranteed Realty – The Jesse Warmka Team collects information from you in various ways when you access or use the Site or otherwise interact with the Services. This information may include:Information you provide to us. Personal information you provide to us through the Services may include:
            • Contact information that you provide, such as your first and last name, email address, and phone number.

            • Feedback or correspondence, such as information you provide when you contact the Client or Your Home Sold Guaranteed Realty – The Jesse Warmka Team in connection with the Site or Services with questions, feedback, or otherwise correspond.

            • Marketing information, such as your preferences for receiving communications about the Client’s activities, events, and publications, and details about how you engage with such communications.

            • Other information which is not specifically listed here that you may provide voluntarily or that is necessary in connection with your interactions with the Client through the Site or Services. All such information will be used in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

        • Information we obtain from third parties:
            • Social media information. Our Client may maintain pages on social media platforms, such as Facebook, LinkedIn, Instagram, and other third-party platforms. When you visit or interact with these pages on those platforms, the platform providers’ privacy policies will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us (on behalf of the Client) with information through the platform, and we will treat such information in accordance with this Privacy Policy.

            • Other Sources. We may obtain your personal information from other third parties, such as third party analytics services, the Client’s marketing partners, publicly-available sources and data providers.

        • Automatic data collection. We, the Client’s advertising partners, and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:
            • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.

            • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

        • We use the following tools for automatic data collection:
            • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.

            • Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.

            • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.
            • We partner with Microsoft Clarity and Microsoft Advertising to capture how you use and interact with our website through behavioral metrics, heatmaps, and session replay to improve and market our products/services. Website usage data is captured using first and third-party cookies and other tracking technologies to determine the popularity of products/services and online activity. Additionally, we use this information for site optimization, fraud/security purposes, and advertising. For more information about how Microsoft collects and uses your data, visit the Microsoft Privacy Statement.

    1. How We Use Your Personal Information
        • To operate our Services:
            • Provide, operate, and improve our Services and our business;

            • Communicate with you about our Services, including by sending announcements, updates, security alerts, and support and administrative messages;

            • Provide support, and respond to requests, questions, and feedback.

        • To comply with law. As we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.

        • Marketing. If you have provided us and or our Client with your contact information, we may from time-to-time send you direct marketing communications on behalf of our Client as permitted by law, including through phone, email and text messages. If you would like to opt-out from marketing communications, please contact our Client.

        • For compliance, fraud prevention, and safety. To: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern our Services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

        • To create anonymous data. To create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services, conduct research, and promote our business.

    1. How We Share Your Personal Information
        • We do not “sell” any personal information (as defined under applicable laws), and we may share your personal information as described below and as described elsewhere in this Privacy Policy.

        • To our Client, including to facilitate your interactions with our Client, and to service providers of our Client, as directed by our Client.

        • Our service providers. Companies and individuals that provide services on our behalf or help us operate our services or our business (such as hosting, information technology, email delivery, and website analytics services).

        • Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

        • For compliance, fraud prevention and safety. We may share your personal information for the compliance, fraud prevention and safety purposes described above.

        • Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.

    1. Privacy Choices
        • You have the following choices regarding our collection and use of your personal information:Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our Services, which we have summarized below:
            • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org.

            • Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.

            • Using privacy plug-ins or browsers. You can block our Services from setting cookies used for third party analytics or interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy BadgerDuckDuckGoGhostery or uBlock Origin, and configuring them to block third party cookies/trackers. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser-plug in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

        • Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.Privacy rights. You have the right to submit requests about your personal information, depending on your location and the nature of your interactions with the Site and our Services:
            • Information about how we have collected and used your personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.

            • Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.

            • Correction of personal information that is inaccurate or out of date.

            • Deletion of personal information that we no longer need to provide our services or for other lawful purposes.

            • Additional rights, such as to object to and request that we restrict our use of your personal information, and where applicable, you may withdraw your consent.

        • If you wish to exercise your rights, please contact the corresponding Client as we process your personal information solely as a service provider and data processor on behalf of such Client.

        • Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

    1. Third Party Services
        • The Site and Services may contain links to websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites or online services operated by third parties, and we are not responsible for their actions.

    1. Security
        • We employ a number of technical, organizational, and physical safeguards designed to protect the personal information we collect. However, no security measures are failsafe and we cannot guarantee the security of personal information.

    1. Children
        • Our Services are not intended for use by children under 18 years of age. If we learn that we have collected personal information through the Services from a child under 18 without the consent of the child’s parent or guardian as required by law, we will delete it.

    1. Changes to this Privacy Policy
        • We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on this website.

    1. How to Contact Us
        • You can reach us by email at [email protected] or at the following mailing address:
          • Your Home Sold Guaranteed Realty – The Jesse Warmka Team
            4865 Palm Coast Pkwy NW Unit 1, Palm Coast, FL 32137
          Your opt in/opt out choices

          You may “opt in” and/or “opt out” of certain uses of your Personal Information. For example, you may have the opportunity to choose whether you would like to receive email or text correspondence from us. Your Personal Information will not be shared with third-party service providers unless you give consent. You will have the opportunity to opt out of marketing emails by clicking the “opt out“ or “unsubscribe” link in the emails you receive. You will have the opportunity to opt out of marketing text messages by responding to these text messages using supported opt-out keywords provided to you. You can also request this by sending a request to [email protected]. If you would like to opt out of your information being shared with our AI Tools, please send a request via email to [email protected].

          Please take note that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us.

          Data Security

          We implement reasonable physical and electronic safeguards to help prevent unauthorized access of, maintain data security for and correctly use the personal information you have provided or that we otherwise collect through our services. However, while such efforts are intended to ensure the confidentiality of your personal information available to us as a result of your use of the services, we cannot and do not warrant or guarantee the absolute safety and security of your personal information. We work to protect the security of your personal information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. To assist in keeping your personal information safe, you must use an SSL-enabled browser. It is important for you to protect against unauthorized access to your password, your computer and your mobile device(s). Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.

          If you become a member of our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You also agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.

          This Website is based in the United States and the information we collect is governed primarily by U.S. law. Where we are subject to the privacy laws of other countries, we comply with those requirements. If you access or use our services or provide information to us, your information will be processed and stored in the United States, where you may not have the same rights and protections as you do under your local law.

          If you are located in Canada, this section applies to you

          We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

          In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

          • If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
          • For investigations and fraud detection and prevention
          • For business transactions provided certain conditions are met
          • If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
          • For identifying injured, ill, or deceased persons and communicating with next of kin
          • If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
          • If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
          • If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
          • If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
          • If the collection is solely for journalistic, artistic, or literary purposes
          • If the information is publicly available and is specified by the regulations

          Your opt in/opt out choices

          You may “opt in” and/or “opt out” of certain uses of your Personal Information. For example, you may have the opportunity to choose whether you would like to receive email or text correspondence from us. Your Personal Information will not be shared with third-party service providers unless you give consent. You will have the opportunity to opt out of marketing emails by clicking the “opt out“ or “unsubscribe” link in the emails you receive. You will have the opportunity to opt out of marketing text messages by responding to these text messages using supported opt-out keywords provided to you. You can also request this by sending a request to [email protected]. If you would like to opt out of your information being shared with our AI Tools, please send a request via email to [email protected].

          Please take note that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your relationship, activities, transactions, and communications with us.

          Data Security

          We implement reasonable physical and electronic safeguards to help prevent unauthorized access of, maintain data security for and correctly use the personal information you have provided or that we otherwise collect through our services. However, while such efforts are intended to ensure the confidentiality of your personal information available to us as a result of your use of the services, we cannot and do not warrant or guarantee the absolute safety and security of your personal information. We work to protect the security of your personal information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. To assist in keeping your personal information safe, you must use an SSL-enabled browser. It is important for you to protect against unauthorized access to your password, your computer and your mobile device(s). Be sure to sign off when finished using a shared computer. Additionally, change your passwords often using a combination of letters and numbers, and make sure you use a secure web browser.

          If you become a member of our website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your device, and you agree to and accept sole responsibility for any and all activities that occur under your account or password. You also agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.

          This Website is based in the United States and the information we collect is governed primarily by U.S. law. Where we are subject to the privacy laws of other countries, we comply with those requirements. If you access or use our services or provide information to us, your information will be processed and stored in the United States, where you may not have the same rights and protections as you do under your local law.

          If you are located in Canada, this section applies to you

          We may process your information if you have given us specific permission (i.e., express consent) to use your personal information for a specific purpose, or in situations where your permission can be inferred (i.e., implied consent). You can withdraw your consent at any time.

          In some exceptional cases, we may be legally permitted under applicable law to process your information without your consent, including, for example:

          • If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
          • For investigations and fraud detection and prevention
          • For business transactions provided certain conditions are met
          • If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
          • For identifying injured, ill, or deceased persons and communicating with next of kin
          • If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
          • If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
          • If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
          • If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
          • If the collection is solely for journalistic, artistic, or literary purposes
          • If the information is publicly available and is specified by the regulations

          Children’s Online Privacy Protection Act

          We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act); we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. If we learn that we have mistakenly collected personal information from a child under age 13, we will delete that information as soon as possible. If you believe that we might have information from or about a child under age 13, please contact us via [email protected].

          CAN-SPAM Act

          The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

          To be in accordance with CAN-SPAM we agree to the following:

          If at any time you would like to unsubscribe from receiving future emails, you can email us at [email protected] and we will promptly remove you from ALL correspondence.

          [email protected]

          4865 Palm Coast Pkwy NW Unit 1, Palm Coast, FL 32137

           

Managing Communication Preferences

Email subscriptions:

We may send you email to any email address you provide for various informational and marketing purposes. For example, if you save a search or inquire a specific home, we may send you emails with new homes on the market that match your search. If you save a home, we may keep you posted on status updates such as a price change. When you use our transaction services, we may send you status updates and other information about your transaction. If you have an Account, you can also manage the types of email you receive by following the instructions included in each email we send you or by editing your preferences at this link Please note that even if you unsubscribe from some email subscriptions, we may still need to email you with important transactional or other information.

Calls and texts:

If you choose to register on our Website, contact us, or register as a lead through any other 3rd party site, you consent to receiving informational and marketing calls (which may use an automatic telephone dialing system) and artificial or prerecorded voice or text messages at the number(s) you provide. 

Message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. Carriers are not liable for delayed or undelivered messages. You also certify that the number provided is your phone number and not a number that belongs to anyone else. You release us from any possible liability or claim stemming from our use of your phone number, including but not limited to claims arising from the Telephone Consumer Protection Act. 

You understand that you are not required to provide this consent and authorization and that it is not a condition to qualify for a loan or to receive any good or service. If you would like to opt out of receiving phone calls from us, please send an email with the necessary information.

Your information will only be shared with our mortgage partner if you have indicated upon registration or form submission that you would like to receive mortgage services. Otherwise, your information will only be shared according to our Privacy Policy.

If you do not wish to receive text messages, you may opt out by responding with the SMS message “STOP” to any text message you receive from us. We will send you an SMS message to confirm that you have unsubscribed and after this you will no longer receive SMS messages from us.

Your Home Sold GUARANTEED or I'll Buy It!