Privacy Policy

Brooke Rathbun, Real Estate Agent Privacy Policy

Last revised: December 28, 2021

I want you to be familiar with how I collect, use, and disclose information. This Privacy Policy describes my practices in connection with information that I collect about you through my website at https://www.brookerathbun.com, other websites and web-based applications I operate from through which you are accessing this Privacy Policy. Throughout this document, I will refer to this website, other websites, and web-based applications as the “Services.”  

PERSONAL INFORMATION

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. I may collect Personal Information including:

  • Name

  • Age

  • Postal and email address

  • Telephone number

  • Gender identity

  • Ethnicity and primary language

  • Veteran status

  • Current occupation

  • Level of completed education

  • IP address

  • Physical location, which may be derived from your IP address or mobile device

  • Financial information (e.g., mortgage loan balance), when you choose to share it with me

  • My real estate buying/selling interests when you choose to share them with me

COLLECTION OF PERSONAL INFORMATION

I collect Personal Information in a variety of ways, including: 

  • Through the Services 

    • I collect Personal Information through the Services, for example, when you fill out a request for contact from me, register an account to access the Services, request a market analysis of your home, or contact me by telephone.

I need to collect Personal Information in order to provide the requested Services to you. If you do not provide the information requested, I may not be able to provide the Services. 

USE OF PERSONAL INFORMATION

Myself and my service providers use Personal Information for legitimate business purposes including:

  • Providing the functionality of the Services and fulfilling my requests.

    • To provide the Services’ functionality to you, such as arranging access to your registered account and providing you with related user support services.

    • To respond to your inquiries and fulfill your requests, when you contact me via one of my online contact forms or otherwise, for example, when you send me questions or comments, or when you request other information about my Services.

    • To send administrative information to you, such as changes to my terms, conditions, and policies.

I will engage in these activities to manage a contractual relationship with you and/or to comply with a legal obligation.

  • Providing you with marketing materials and facilitating social sharing

    • To send you marketing related emails with information about my services, new products, and other news about my business.

    • To facilitate social sharing functionality that you choose to use.

I will engage in this activity with your consent or where I have a legitimate interest.

  • Analysis of Personal Information for business reporting and providing personalized services.

    • To analyze or predict my users’ preferences in order to prepare aggregated trend reports, so I can improve my Services.

    • To better understand your interests and preferences, so that I can personalize my interactions with you and provide you with information and/or offers tailored to my interests.

    • To better understand your preferences so that I can deliver content via my Services that I believe will be relevant and interesting to you.

I will provide personalized services based on your legitimate interests, and with your consent to the extent required by applicable law.

  • Allowing you to participate in sweepstakes, contests, or other promotions.

    • I may offer you the opportunity to participate in a sweepstakes, contests, or other promotions.

    • Some of these promotions have additional rules containing information about how I will use and disclose your Personal Information. Please read those additional rules before choosing to participate.

I use this information to manage my contractual relationship with you.

  • Aggregating and/or anonymizing Personal Information.

    • I may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information. I do so to generate other data for my use, which I may use and disclose for any purpose, as it no longer identifies you or any other individual.

  • Accomplishing my business purposes.

    • For data analysis, for example, to improve the efficiency of my Services;

    • For audits, to verify that my internal processes function as intended and to address legal, regulatory or contractual requirements;

    • For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;

    • For developing new products and services;

    • For enhancing, improving, or modifying my current products and services;

    • For identifying usage trends, for example, understanding which parts of my services are of most interest to users;

    • For determining the effectiveness of my promotional campaigns, so that I can adapt my campaigns to the needs and interests of my users; and

    • For operating and expanding my business activities, for example, understanding which parts of my Services are of most interest to my users so I can focus my energies on meeting my users’ interests.

I engage in these activities to manage my contractual relationship with you, to comply with a legal obligation, and/or based on my legitimate interests.

DISCLOSURE OF PERSONAL INFORMATION 

I disclose Personal Information:

  • To my affiliates for the purposes described in this Privacy Policy.

  • To my third-party service providers, to facilitate services they provide to me.

    • These can include providers of services such as data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, user support service, email delivery, auditing, and other services.

  • To my fellow Keller Williams agents, brokers, and market centers where you have requested such sharing or inquired about a property.

OTHER USES AND DISCLOSURES

I also use and disclose your Personal Information as necessary or appropriate, in particular when I have a legal obligation or legitimate interest to do so:

  • To comply with applicable law and regulations.

    • This may include laws outside your country of residence.

  • To cooperate with public and government authorities.

    • To respond to a request or to provide information I believe is important.

    • These can include authorities outside your country of residence.

  • To cooperate with law enforcement.

    • For example, when I respond to law enforcement requests and orders or provide information which I believe is necessary or appropriate.

  • For other legal reasons.

    • To enforce my terms and conditions; and

    • To protect my rights, privacy, safety, or property, and/or that of my affiliates, yourself or others.

  • In connection with a sale or business transaction.

    • I have a legitimate interest in disclosing or transferring Personal Information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of my business, assets or stock (including in connection with any bankruptcy or similar proceedings).

OTHER INFORMATION

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual.  The Services collect Other Information such as:

  • Browser and device information

  • App usage data

  • Information collected through cookies, pixel tags and other technologies

  • Demographic information and other information provided by you that does not reveal your specific identity

  • Information that has been aggregated in a manner such that it no longer reveals your specific identity

COLLECTION OF OTHER INFORMATION

I and my service providers may collect Other Information in a variety of ways, including: 

  • Through your browser or device 

    • Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services (such as the App) you are using. I use this information to ensure that the Services function properly. 

  • Using cookies

    • Cookies are pieces of information stored directly on the computer that you are using. Cookies allow me to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data.  I and my service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. I also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used and assist myself with resolving questions regarding them.  Cookies further allow me to select which of my advertisements or offers are most likely to appeal to you and display them while you are on the Services. I may also use cookies or other technologies in online advertising to track responses to my ads. Relatedly, advertising networks may collect personal information by using cookies, and most advertising networks offer you a way to opt-out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there. I do not currently respond to browser do-not-track signals. If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website.  Please refer to my web browser’s documentation for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services. You also may not receive advertising or other offers from me that are relevant to your interests and needs.

  • Using pixel tags and other similar technologies 

  • Pixel tags. Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of my marketing campaigns, and compile statistics about usage of the Services and response rates. 

  • Analytics. I use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. 5You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

  •  Physical Location

    • I may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. I may use your device’s physical location to provide you with personalized location-based services and content. I may also share your device’s physical location, combined with information about what advertisements you viewed and other information I collect, with my marketing partners to enable them to provide you with more personalized content and to study the effectiveness of advertising campaigns. In some instances, you may be permitted to allow or deny such uses and/or sharing of your device’s location, but if you do, I and/or my marketing partners may not be able to provide you with the applicable personalized services and content.

USES AND DISCLOSURES OF OTHER INFORMATION

I may use and disclose Other Information for any purpose, except where I am required not to do so under applicable law. If I am required to treat Other Information as Personal Information under applicable law, then I may use and disclose it for the purposes for which I use and disclose Personal Information as detailed in this Policy. In some instances, I may combine Other Information with Personal Information. If I do, I will treat the combined information as Personal Information as long as it is combined.

SECURITY

I seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within my business. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with me is no longer secure, please immediately notify me in accordance with the “Contact Me” section below.

CHOICES AND ACCESS

My choices regarding my use and disclosure of my Personal Information

I give you choices regarding my use and disclosure of your Personal Information for marketing purposes. You may opt-out from: 

  • Receiving marketing-related emails from me: If you no longer want to receive marketing-related emails from me on a going-forward basis, you may opt-out

  • My sharing of my Personal Information with my affiliates for their direct marketing purposes:  If you would prefer that I discontinue sharing your Personal Information on a going-forward basis with my affiliates for their direct marketing purposes, you may opt-out.

  • My sharing of my Personal Information with my third-party business partners for their direct marketing purposes:  If you would prefer that I discontinue sharing your Personal Information on a going-forward basis with my business partners for their direct marketing purposes, you may opt-out.

TO OPT-OUT – Please contact me at brooke@brookerathbunrealestate.com for assistance with the above. I will comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from me, I may still send you important administrative messages, from which you cannot opt-out. 

HOW YOU CAN ACCESS, CHANGE OR DELETE YOUR PERSONAL INFORMATION 

If you would like to request to review, correct, update, suppress, restrict or delete Personal Information, object to the processing of Personal Information, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may update your information by emailing me at brooke@brookerathbunrealestate.com. I will respond to your request consistent with applicable law.  If you are a California resident, please refer to the “California Consumer Privacy Notice” at the end of this Policy for more information about the requests you may make under California law.

In my request, please make clear what Personal Information you would like to have changed, and/or whether you would like to have your Personal Information suppressed from my database. For your protection, I may only implement requests with respect to the Personal Information associated with the particular email address that you use to send me your request, and I may need to verify your identity before implementing your request.  I will try to comply with your request as soon as reasonably practicable. 

Please note that I may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase). 

If you are a resident of California, under 18 and a registered user of the Services, you may ask me to remove content or information that you have posted to the Services by contacting me in accordance with the “Contact Me” section below.  Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of my content may have been reposted by another user.

RETENTION PERIOD

I retain Personal Information for as long as needed or permitted in consideration of the purpose(s) for which it was obtained and consistent with applicable law. 

The criteria used to determine my retention periods include: 

  • The length of time I have an ongoing relationship with you and provide the Services to you (for example, for as long as you have a business relationship or contract with me, or keep using the Services);

  • Whether there is a legal obligation to which I am subject (for example, certain laws require me to keep records of my transactions for a certain period of time before I can delete them); or

  • Whether retention is advisable in light of my legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations). 

THIRD PARTY SERVICES

This Privacy Policy does not address, and I am not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by myself or by my affiliates.

In addition, I am not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as Apple, Google, Microsoft, RIM or any other app developer, app provider, operating system provider, wireless service provider or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Services.

USE OF SERVICES BY MINORS

The Services are not directed to individuals under the age of 18, and I do not knowingly collect or solicit Personal Information from individuals under the age of 18. Please email me at brooke@brookerathbunrealestate.com if you believe I collected personal information from an individual under the age of eighteen (18).

JURISDICTION AND CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where I have facilities or in which I engage service providers, including potentially being transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

ADDITIONAL INFORMATION REGARDING THE EUROPEAN ECONONIC AREA (EEA): Some of the non-EEA countries are recognized by the European Commission as providing an adequate level of data protection according to EEA standards (the full list of these countries is available here: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/adequacy-protection-personal-data-non-eu-countries_en.

SENSITIVE INFORMATION

Unless I request it, I ask that you not send me, and you do not disclose, any sensitive Personal Information (e.g., social security numbers, payment card or account information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background or trade union membership) on or through the Services or otherwise to me.

UPDATES TO THIS PRIVACY POLICY

The “Last revised” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when I post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy. 

ADDITIONAL INFORMATION REGARDING THE EEA

You may lodge a complaint with an EU/EEA data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs. A list of data protection authorities is available at: https://edpb.europa.eu/about-edpb/about-edpb/members_en

CALIFORNIA CONSUMER PRIVACY ACT NOTICE

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), I (“Brooke Rathbun” or “I”) am providing the following details regarding the categories of Personal Information that I collect, use, and disclose about California residents. Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked with a particular California resident or household. 

SOURCES OF PERSONAL INFORMATION

I collect Personal Information from:

  • Interactions with you, such as when you use my Services, contact me online or on the phone, sign up for a newsletter, register an account, purchase a product or service, or attend one of my events; and

  • My affiliates, third-party providers of software applications made available on the Keller Williams Marketplace, and publicly available online sources. 

CATEGORIES OF PERSONAL INFORMATION COLLECTED 

I may collect, and may have collected within the preceding 12 months, the following categories of Personal Information as listed in the CCPA:

  • Category A. Identifiers, such as name, contact information, IP address and other online identifiers;

  • Category B. Personal information, as defined in the California customer records law, such as name, contact information, payment card number, financial information, employment information, insurance information, and government-issued ID numbers;

  • Category C. Characteristics of protected classifications under California or federal law, such as marital status;

  • Category D. Commercial information, such as transaction information and purchase history;

  • Category F. Internet or network activity information, such as browsing history and interactions with my Ibsite;

  • Category H. Geolocation data, such as device location;

  • Category G. Professional or employment-related information; and

  • Category K. Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.

USE OF PERSONAL INFORMATION

I use these categories of Personal Information for the purposes of operating, managing, and maintaining my business, providing products and services, and accomplishing business purposes and objectives, including using Personal Information to:

  • Fulfill your requests, respond to your inquiries, and process your transactions; 

  • Provide, develop, improve, repair, and maintain my products and services;

  • Personalize, advertise, and market my products and services;

  • Conduct research, analytics, and data analysis;

  • Maintain your property and records, and undertake quality and safety assurance measures;

  • Conduct risk and security control and monitoring, and detect and prevent fraud;

  • Perform identity verification, accounting, audit, and other internal functions, such as internal investigations and record-keeping;

  • Carry out corporate transactions, such as mergers, joint ventures or acquisitions; and

  • Comply with law, legal process, and internal policies, and exercise and defend legal claims.

DISCLOSURE OF PERSONAL INFORMATION

I have disclosed the following categories of Personal Information as listed in the CCPA to third parties for my operational business purposes within the preceding 12 months:

  • Category A. Identifiers, such as name, contact information, IP address and other online identifiers;

  • Category B. Personal information, as defined in the California customer records law, such as name, contact information, payment card number, financial information, employment information,

  • Category C. Characteristics of protected classifications under California or federal law, such as marital status;

  • Category D. Commercial information, such as transaction information and purchase history;

  • Category F. Internet or network activity information, such as browsing history and interactions with my Ibsite;

  • Category G. Geolocation data, such as device location;

  • Category I. Professional or employment-related information; and

  • Category K. Inferences drawn from any of the Personal Information listed above to create a profile about, for example, an individual’s preferences and characteristics.

I have disclosed these categories of Personal Information to my affiliated entities, trusted third-party service providers, licensed franchisees, and business partners, as well as to Keller Williams agents, brokers, and market centers where you have requested such sharing.

I have not sold Personal Information, as “sale” is defined in the CCPA.

INDIVIDUAL RIGHTS AND REQUESTS

If you are a California resident, you may request that I:

  • Disclose to you the following information covering the 12 months preceding my request:

    • The categories of Personal Information I collected about you and the categories of sources from which I collected such Personal Information;

    • The specific pieces of Personal Information I collected about you;

    • The business or commercial purpose for collecting (if applicable) Personal Information about you; and

    • The categories of Personal Information about you that I otherwise shared or disclosed, and the categories of third parties with whom I shared or to whom I disclosed such Personal Information (if applicable).

  • Delete Personal Information I collected from you.

To make a request for the disclosures or deletion described above, please contact me at brooke@brookerathbunrealestate.com or (616) 745-0904. I will respond to your request consistent with applicable law. 

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

CHANGES TO THIS CCPA NOTICE

I may change or update this CCPA Notice from time to time. When I do, I will post the revised CCPA Notice on this page with a new “Last revised” date.

CONTACT ME

If you have any questions regarding this CCPA Notice, please contact me at brooke@brookerathbunrealestate.com.