Testing Privacy

California Privacy Notice

Dilbeck Real Estate Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the information contained in our Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice. As used throughout this notice ABC Realty is referred to as “we,” “us,” or “our company.”

I. Received or Collected Information

This Table Discloses Information We May Receive or Collect, and Information We Do Not Receive or Collect

Category

We May Receive or Collect This Information

We Do Not Receive or Collect This Information

Identifiers

Your name, postal address and
email address, online identifiers,
internet protocol address

Identifiers, alias, unique personal identifier, account name

California Customer Records statute information (Cal. Civ. Code § 1798.80(e)).

Signature, address, telephone number, bank account number (for proof of funds if necessary), state identification card number, other insurance policy numbers, education, employment, employment history, credit card number, debit card number, other financial information, sales information such as listing price and purchase price, home/title insurance policy numbers or other financial information relating to the financing of a real estate transaction (as examples, information provided to an agent by a lender or mortgage broker; information related to the verification of a down payment typically required by a real estate purchase agreement; or information provided to an agent when a “net sheet” is created)

Physical characteristics or description, medical information, or health insurance information.

Protected classification characteristics under California or federal law.

Citizenship or marital status, mental capacity (as sometimes issues of capacity arise in a real estate transaction), veteran or military status

Age (40 years or older), race, color, ancestry, national origin, religion or creed, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, genetic information (including familial genetic information).*

Commercial information.

Information is received when used to facilitate a real property purchase transaction such as sales information, purchase price, listing price or contract terms

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Biometric information.

We do not collect this information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Internet or other similar network activity.

Browsing history, search history,
information on a consumer’s interaction with a website, application, or advertisement.

 

Geolocation data.

General geographic physical location

Physical movements.

Sensory data.

We do not collect this information

Audio, electronic, visual, thermal, olfactory, or similar information.

Professional or employment-related information.

Employment information, Current or past job history

Current or past performance evaluations.

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

We do not collect this information

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Inferences drawn from other personal information.

Lists of potential buyers or sellers (“lead lists”)

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

Note:  Social security (tax ID), driver’s license and passport numbers, and citizenship and occupational information may be collected pursuant to Treasury Department anti-money laundering rules when the buyer is an entity and is not using a bank loan to purchase residential real property. These Treasury Department rules are designed to uncover the identity of the natural person behind the entity. This information will be required to given to the title company when the transaction involves all of the following:

  • Property is within the counties of Los Angeles, San Diego, San Francisco, San Mateo or Santa Clara
  • Sales price is $300,000 or more
  • Buyer is a “Legal Entity” such as a corporation, LLC or partnership
  • Property is a 1 to 4 unit residential property (including condos)
  • Some part of the purchase is made using ANY wired funds, cashier’s check, certified check, traveler’s check, personal check, business check, money order in any form, or a virtual currency (such as Bitcoin)
  • Purchase is done without a bank loan or similar forms of external financing

Since a transaction will typically not close without the information, when required, our brokerage may assist the title company in working with an entity buyer to gather it.

California law under the CCPA defines “personal information” broadly. However, there are some exceptions. Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
     

II. Where do we receive information from?

 

Our company receives information directly from you.  Our real estate business receives personal information primarily for the purpose of transacting real property sales and purchases. Nearly all of the information which we directly collect about you is received from the physical or electronic documents that constitute the real estate transaction. For example, the real property purchase agreement will contain your name, signature, purchase price and other personal information. Or, for example, a seller is required by law and contract to give the buyer various disclosures concerning a range of issues associated with the property, some of which information may constitute personal information. Once these documents come into our possession, by law a broker must maintain such record for three years. Typically, we retain our files for a longer period.

Cookies and Other Technologies.  Our website and some of our online products and services, email messages and advertisements may use cookies, log files and other technologies to collect information about your use of our website, products and services and third-party websites that have a business relationship with our service providers. A cookie is a small data file that is sent to your browser from a website's servers and stored on your computer's hard drive, and is used to store information such as the name of your Internet service provider, your Internet Protocol (IP) address, the website that referred you, your general geographic location, the pages you request, and the dates and times of those requests.

Most internet browsers are initially set to accept cookies. If you prefer, you may set your browser so that it refuses cookies or alerts you when cookies are being created on your hard drive. You should be aware that by not accepting cookies you may impair your ability to use certain portions of our website, products and services.

Our company receives some information indirectly:

Multiple Listing Service (“MLS”). An MLS is a database of properties for sale that is available and disseminated to and accessible by all other real estate agents who are participants or subscribers to the MLS. Property information submitted to an MLS describes the price, terms and conditions under which the seller’s property is offered for sale. It is likely that a significant number of real estate practitioners in any given area are participants or subscribers to an MLS. The MLS may also be part of a reciprocal agreement to which other MLSs belong. Real estate agents who belong to other MLSs that have reciprocal agreements with the MLS in which the property is placed may also have access to the information submitted the MLS. The MLS may further transmit listing information to internet sites that post property listings online. The placing of a listing on the MLS allows wide exposure of the property to the marketplace which tends to impact the sales price.

Title Companies and Escrows. These service providers are essential to real estate transactions. Not only do title and escrow companies receive information, but they supply invaluable assistance in providing information about all aspects of a real estate transaction to brokers and agents.

Lenders and mortgage brokers. Typically, agents and brokers will be in contact throughout the transaction with a lender or representative of a lender to keep informed on the progress of the lending process. During this process an agent may receive personal information relating to the loan, the loan application, the buyer’s qualifications for the loan, documents requested by the lender, or reasons why a loan is being denied, approved or delayed.

City, county, state and other agencies of government. Many aspects of a real estate transaction rely on information received from a variety of government sources. For example, the assessor will typically provide their estimate of the square footage of the house, among various other types of data concerning the property.

Reporting companies. Reporting companies will access public records for information concerning the property and then provide a summary of the information. This information is not typically considered “personal information.”

Other sources of information. Neighborhood advertising information; real property portals such as Realtor.com; HOA documents from HOAs; appraisers and appraisals; investigators, inspectors and contractors; and legally and contractually required disclosures generated by the seller are other sources of information from which personal information may be collected or received.


III. Use, Sharing and Sale of Personal Information 

 

Use of Personal information:

Assistance in buying, selling, or renting property. The primary use of personal information is to help you buy, sell, or rent property. For example, if you are seeking to buy a house, the personal information we collect will help our agents find the right house for you. If you are seeking to sell a house, the information will be used to find a buyer who will purchase your house on the agreed price and terms.

Web technologies. We use cookies and other technologies to verify user information, to make your use of our website, products and services more convenient and to assist in understanding your use of our website, products and services. We also use cookies to measure website activity and generate statistics that allow us to improve the services we provide online.

Additional Uses. We may use the personal information we collect for the following additional business purposes:

  • To create, maintain, customize and secure the communications between you and us.
  • To assist in preventing transaction fraud.
  • To provide, support, personalize, and develop our website, products, and services.
  • To personalize your online experience with us and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).
  • For testing, research, analysis, and product development, including to develop and improve our website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by our company is among the assets.

 

Sharing of personal information and chart:

Sharing information to promote the sale, purchase, or renting of property. The sharing of information is integral to the process of buying, selling, or renting property. First and foremost, we will share information with other agents and brokers, and sellers/landlords and buyers/tenants. It is only through the sharing of information that our agents can find the right property for you as a buyer/tenant, or if you are a seller/landlord, find a buyer/tenant who will purchase/rent your property on the agreed price and terms.

Information supplied and received from the Multiple Listing Service (“MLS”). An MLS is both a source of information and a means to share information. As described in the previous section, an MLS is a database of properties for sale/rent that is available and disseminated to and accessible by all other real estate agents who are participants or subscribers to the MLS.  Property information submitted to an MLS describes the price, terms and conditions under which property is offered for sale or rent. An MLS will also act as a repository of information related to properties that have been sold or rented through the MLS.

Since it is likely that a significant number of real estate practitioners in any given area are participants or subscribers to an MLS data, the sharing of MLS will typically be widespread. Moreover, an MLS may also be part of a reciprocal agreement to which other MLSs belong. Real estate agents who belong to other MLSs that have reciprocal agreements with the MLS in which the property is placed may also have access to the information submitted to the MLS. The MLS may further transmit listing information to internet sites that post property listing online. The placing of a listing on the MLS allows wide exposure of the property to the marketplace which tends to impact the sales price.
 

Third parties we commonly share information with. As a real estate brokerage, we may typically share your personal information with the following third parties:

  • Brokers and agents
  • Buyers/tenants and sellers/landlords
  • Multiple Listing Services
  • Real estate portals such as Realtor.com
  • Title companies and escrows
  • Lenders
  • Service providers such as inspectors, appraisers or reporting companies
  • Other third-parties as necessary to complete the transaction

This table discloses which types of information our company has and has not disclosed for a business purpose within the last 12 months.

 

Category

Has Disclosed within Last 12 months

Has Not Disclosed within Last 12 Months

Identifiers

Name, postal address and
email addresses. online identifiers, internet protocol address

Alias, unique personal identifier, account name, or other similar identifiers

California Customer Records statute information (Cal. Civ. Code § 1798.80(e)).

Signature, address, telephone number, bank account number, state identification card number, insurance policy numbers, education, employment history, credit card number, debit card number, or any other financial information, sales information such as listing price and purchase price, home/title insurance policy numbers or other financial information relating to the financing of a real estate transaction (as examples, information provided to an agent by a lender or mortgage broker; information related to the verification of a down payment typically required by a real estate purchase agreement; or information provided to an agent when a “net sheet” is created)

Physical characteristics or description, medical information, or health insurance information.

Protected classification characteristics under California or federal law.

Citizenship, marital status, mental capacity (as sometimes issues of capacity arise in a real estate transaction), veteran or military status

Age (40 years or older), race, color, ancestry, national origin,  religion or creed,  medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, genetic information (including familial genetic information).

Commercial information.

Information is received when used to facilitate a real property purchase transaction, sales information, purchase price, listing price, contract terms

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies

Biometric information.

We do not collect or share this information

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

Internet or other similar network activity.

We do not share this information

Browsing history, search history,
information on a consumer’s interaction with a website, application, or advertisement.

Geolocation data.

We do not share this information

General geographic physical location

Sensory data.

We do not collect or share this information

Audio, electronic, visual, thermal, olfactory, or similar information.

Professional or employment-related information.

Current or past job history

Current or past performance evaluations.

Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

We do not collect or share this information

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

Inferences drawn from other personal information.

We do not collect or share this information

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

Note:  Social security (tax ID), driver’s license and passport numbers, and citizenship and occupational information may be collected pursuant to Treasury Department anti-money laundering rules when the buyer is an entity and is not using a bank loan to purchase residential real property. These Treasury Department rules are designed to uncover the identity of the natural person behind the entity. This information will be required to given to the title company when the transaction involves all of the following:

  • Property is within the counties of Los Angeles, San Diego, San Francisco, San Mateo or Santa Clara
  • Sales price is $300,000 or more
  • Buyer is a “Legal Entity” such as a corporation, LLC or partnership
  • Property is a 1 to 4 unit residential property (including condos)
  • Some part of the purchase is made using ANY wired funds, cashier’s check, certified check, traveler’s check, personal check, business check, money order in any form, or a virtual currency (such as Bitcoin)
  • Purchase is done without a bank loan or similar forms of external financing