REALTYADS PRIVACY TERMS
LAST UPDATED: March 29th, 2023
These Privacy Terms are incorporated by reference into RealtyAds Platform Terms of Service and/or RealtyAds Enterprise Digital Advertise Agreement (the “Applicable Terms
The following terms have the meanings set forth below.
1.1. “Affiliate” means an entity that owns or controls, is owned or controlled by, or is under common control or ownership with, either Company or RealtyAds respectively. “Control,” for purposes of this definition, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise.
1.2. “Company Personal Data” means any Personal Data received by RealtyAds in order to perform obligations under the Applicable Terms. For the avoidance of doubt, Company Personal Data does not include (i) Personal Data that was not provided by Company, (ii) Personal Data that was provided by Company for the purpose of managing the parties business relationship (e.g., accounting and invoicing data), (iii) Personal Data independently created, managed, or controlled by RealtyAds.
1.3. “Data Protection Laws” means any and all laws, rules and regulations related to privacy, security, data protection, and/or the Processing of Personal Data, in any relevant jurisdiction, each as amended, replaced or superseded from time to time.
1.4. “Data Subject” means the identified or identifiable person to whom Personal Data relates.
1.5. “Personal Data” means (a) information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular person or household; and (b) any information defined as “personal data”, “personal information,” or other similar terms under applicable Data Protection Laws.
1.6. “Personal Data Breach” means (a) the accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure of, or access to, Company Personal Data transmitted, stored or otherwise Processed by RealtyAds or any Subprocessor; and (b) any other broader circumstance defined by applicable Data Protection Laws as a “breach,” “data breach,” “personal data breach” or other similar term.
1.7. “Processing” means any operation or set of operations that is performed upon Personal Data, whether or not by automatic means, such as access, collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, return or destruction. The terms “Process”, “Processes” and “Processed” will be construed accordingly.
1.8. “Processor” means any person or entity which Processes Company Personal Data, including as applicable any “contractor” as those terms are defined by applicable Data Protection Laws.
1.9. “Regulator” means any independent public authority, government agency, and any similar regulatory authority responsible for the enforcement of Data Protection Laws.
1.10. “Services” means those Services contemplated under the Applicable Terms.
1.11. “Subprocessor” means any Processor (including any third party and any RealtyAds Affiliate) appointed by or on behalf of RealtyAds who may Process Company Personal Data.
2. Processing of Personal Data
2.1. Subject to RealtyAds’ compliance with these Privacy Terms, Company agrees to make Company Personal Data available to RealtyAds for the limited and specified purpose of providing the Services (i.e., carrying out the mandate or instructions provided by the Company).
2.2. The subject-matter of the Processing, the types of Company Personal Data to be Processed, and the types of Data Subjects about whom information will be processed shall correspond to what is necessary to perform the Services.
2.3. RealtyAds acknowledges and agrees that, with regard to the Processing of Company Personal Data, RealtyAds is acting as a Processor. RealtyAds further certifies that it (a) understands the obligations and restrictions imposed on it by applicable Data Protection Laws in its role as a Processor; (b) will comply with all such obligations; and (c) will notify Company if RealtyAds determines it can no longer meet its obligations under applicable Data Protection Laws or these Privacy Terms. Company has the right to take reasonable and appropriate steps to help ensure that RealtyAds Processes Company Personal Data in a manner consistent with Company’s obligations under Data Protection Laws, including without limitation, the right upon notice to stop and remediate any unauthorized Processing of Company Personal Data.
2.4. RealtyAds will only Process Company Personal Data on behalf of Company (a) to the extent, and in such a manner, as is necessary for the purposes of fulfilling its obligations under the Applicable Terms; and (b) in accordance these Privacy Terms, which together constitute Company’s instructions. Nothing in this section shall restrict RealtyAds’ ability to Process Company Personal Data where required to do so by applicable law; provided, however, RealtyAds shall notify Company of such legal requirement before Processing, unless prohibited from doing so.
Without limiting RealtyAds obligations under Section 2.4, RealtyAds will not:
2.5.1. retain, use, or disclose Company Personal Data for any purpose other than to perform its obligations under the Applicable Terms;
2.5.2. “sell” or “share” (as those terms are defined by applicable Data Protection Laws) Company Personal Data; or
2.5.3. combine Company Personal Data with Personal Data RealtyAds receives from or on behalf of another person or entity or collects from its own interactions with a Data Subject except to perform a business purpose as defined in regulations adopted pursuant to Cal. Civ. Code 1798.185(10)(a).
3. RealtyAds Personnel. RealtyAds will take reasonable steps to ensure that access to Company Personal Data is limited to those of its Affiliates, employees, agents, and subcontractors who (a) have a need to know or otherwise access Company Personal Data to perform obligations under the Applicable Terms and these Privacy Terms, and (b) who are bound in writing by confidentiality obligations sufficient to protect the confidentiality of Company Personal Data in accordance with the terms of these Privacy Terms.
4. Security. RealtyAds will implement and maintain appropriate technical and organizational safeguards to protect Company Personal Data that are no less rigorous than accepted industry standards for information security and will ensure that all such safeguards comply with applicable Data Protection Laws. In assessing the appropriate level of security, RealtyAds will take into account the risks that are presented by Processing, in particular from accidental, unauthorized, or unlawful destruction, loss, alteration, damage, disclosure of, or access to Company Personal Data transmitted, stored, or otherwise Processed.
5. Personal Data Breach
5.1. In the event of a Personal Data Breach impacting Company Personal Data, RealtyAds will (a) notify Company promptly, but in any event no later than the time period permitted under any applicable Data Protection Law, after RealtyAds becomes aware of such Personal Data Breach; (b) provide Company with sufficient details of the Personal Data Breach to allow Company to meet any obligations under Data Protection Laws to report or inform Data Subjects or relevant Regulators of the Personal Data Breach; and (c) cooperate with Company in the investigation, mitigation, and remediation of any such Personal Data Breach.
6.1. Company hereby authorizes RealtyAds to retain Subprocessors as needed.
6.2. With respect to any Subprocessor, RealtyAds will:
6.3. Upon request, provide Company with the identities of each Sub processor,;
6.3.1. enter into a written agreement with each Subprocessor containing the same obligations imposed on RealtyAds under these Privacy Terms and applicable Data Protection Laws with respect to Company Personal Data; and
6.3.2. remain fully liable to Company for the performance of its Subprocessors.
7. Data Subject Rights
7.1. RealtyAds will promptly notify Company if it receives a request from a Data Subject regarding Company Personal Data, including a request by a Data Subject to exercise a right under Data Protection Laws.
7.2. RealtyAds will assist Company in fulfilling Company’s obligations to respond to such requests, including at minimum, maintaining the ability to access, modify, remove from Processing, or irrevocably delete or destroy the Personal Data of an individual Data Subject when requested by Company.
8. Deletion or Return of Company Personal Data
8.1. At any time during the term of the Applicable Terms at Company’s request, or upon the termination or expiration of the Applicable Terms for any reason, RealtyAds will, and will instruct all Subprocessors to, promptly (a) return to Company all copies of Company Personal Data in its possession, or the possession of such Subprocessor, or (b) delete and procure the deletion of all other copies of Company Personal Data Processed by RealtyAds or any Subprocessor. RealtyAds will comply with all reasonable directions provided by Company with respect to the return or deletion of Company Personal Data.
8.2. Notwithstanding Section 8.1 above, RealtyAds may retain Company Personal Data if required by applicable Data Protection Laws.. If required by law to retain Company Personal Data, RealtyAds will continue to ensure the security and confidentiality of such Company Personal Data and only Process such Company Personal Data as necessary for the purpose specified in the applicable Data Protection Laws requiring such storage.
9. Compliance and Audits
9.1. Upon Company’s request, RealtyAds will provide such assistance as Company reasonably requires in ensuring compliance with Company’s obligations under applicable Data Protection laws..
9.2. In addition to any audit rights Company may have under the Applicable Terms, RealtyAds will cooperate with audits or assessments of these Privacy Terms by providing reasonable access to knowledgeable personnel; physical premises; and any relevant records, documentation, processes, and systems.
10. Changes in Data Protection Laws. If any variation is required to these Privacy Terms as a result of a change in or subsequently applicable Data Protection Laws, the parties agree to discuss and negotiate in good faith any variations to these Privacy Terms necessary to address such changes, with a view to agreeing and implementing those or alternative variations as soon as practicable.
11. General Terms. Should any provision of these Privacy Terms be invalid or unenforceable, then the remainder of these Privacy Terms will remain valid and in force. The invalid or unenforceable provision will be either: (a) amended as necessary to ensure its validity and enforceability, while preserving the intent of the provision as closely as possible or, if this is not possible, (b) construed in a manner as if the invalid or unenforceable part had never been contained therein. These Privacy Terms and the other portions of the Applicable Terms will be read together and construed, to the extent possible, to be in concert with each other. In the event of any conflict between the Applicable Terms and these Privacy Terms, these Privacy Terms will govern with respect to the subject matter of these Privacy Terms.