Last revised: September 19, 2023
- Through Your use of the Website, including collection via cookies and other automated data collection technologies.
- Through Your use of Our Services.
- Through Your communications and other interactions with Us, such as emails.
- Through Your completion of a web form hosted by a third party on Our behalf.
- From a third-party advertiser, such as Facebook, Google, or Bing.
"Personal Information" means any information that identifies or relates to an individual or can be used in conjunction with other information to identify an individual, whether such information is explicitly regulated by applicable law or otherwise.
"Processing" means any operation or set of operations which is performed on Personal Information, encompassing the collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction or erasure of Personal Information. The terms "Process", "Processes" and "Processed" will be construed accordingly.
"Service(s)" means (a) general home selling and purchasing advice, (b) information on market conditions, (c) information on availability of homes in the area, and (d) other information and requested services related to the consumer real estate market (individually or collectively, the "Services"). Services do not include anything that is covered by an agreement through which a real estate agent agrees to represent You as a buyer or seller of real estate.
"US State Privacy Laws" means the data privacy laws of California, Colorado, Connecticut, Utah, and Virginia, which are:
- In California: the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act (the "CCPA");
- In Colorado: the Colorado Privacy Act (the "CoPA");
- In Connecticut: the Connecticut Personal Data Privacy and Online Monitoring Act (the "CPDP");
- In Utah: the Utah Consumer Privacy Act, which goes into effect on December 31, 2023 (the "UCPA"); and
- In Virginia: the Virginia Consumer Data Protection Act (the "VCDPA").
"Website" means this website and any sub-domains of this website.
"You" and "Your" mean (i) a recipient of the Services, or (ii) an individual that visits the Website or otherwise communicates with Us who isn't a recipient of the Services.
Personal Information We Collect and How We Use It
We collect the following Personal Information about You and use it for the following purposes:
|Categories and Types of Personal Information Collected||Our Purpose for Processing the Information|
|Identifiers, such as a real name, a postal address, an email address, telephone number, IP address, or device information.||
|Internet or other similar network activity such as details of Your visits to Our Website, including the type of web browser You use, Your operating system, Your internet service provider, the pages You view, the time and duration of Your visits||
|Inferences drawn from other personal information, including profile reflecting Your preferences.||
|Commercial Information, including records of Services requested.||
Aggregated, Deidentified, and Anonymized Data
We may create aggregated, deidentified, or anonymized data derived from Our permitted use of Your Personal Information. Such data is not considered Personal Information under US State Privacy Laws; therefore, such data can be used by Us without restriction.
Sensitive Personal Information
We do not collect or Process "sensitive" Personal Information, as that term is defined under US State Privacy Laws.
How We Disclose Your Personal Information
We disclose the categories of Your Personal Information described below to the following categories of recipients for the following purposes:
|Categories and Types of Personal Information Collected||Categories of Recipients||Purpose for Disclosure|
*For the sake of clarity, no mobile information will be shared with third parties/affiliates for their marketing/promotional purposes. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Third Party Disclosures
Other Purposes for Processing and Disclosing Your Personal Information
We may also Process and disclose Your Personal Information:
- To competent public authority, government, regulatory or fiscal agency where it is necessary to comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- To enforce or exercise Our rights under any agreement which governs Your relationship with Us, including Our rights under any such agreements that may be exercised for billing and collection purposes.
- If We believe disclosure is necessary or appropriate to protect Our rights, property, or safety, Our customers, or others. This may include the exchange of information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- Subject to some restrictions under US State Privacy Laws, We may transfer, whether for consideration or otherwise, Your Personal Information as an asset that is part of a bankruptcy, merger, or other similar transaction involving all or any portion of Our business. Any such transfer does not affect Your rights under US State Privacy Laws.
Sale of Personal Information
We do not sell Your Personal Information.
A transfer, whether for consideration or otherwise, of Your Personal Information as an asset that is part of a bankruptcy, merger, or other similar transaction involving all or any portion of Our business is not a "sale" under the US State Privacy Laws. Any such transfer does not affect Your rights under US State Privacy Laws.
Targeted Advertising / Cross-Context Behavioral Advertising
Generally speaking, "targeted advertising" and "cross-context behavioral advertising" are defined under applicable US State Privacy Laws as the display of an advertisement to You based on Personal Information about You obtained or inferred over time from Your activities across nonaffiliate websites, applications, or online applications. We do not share Your Personal Information with third parties for the purposes of targeted advertising or cross-context behavioral advertising. Additionally, We do not Process Personal Information for Our own targeted advertising or cross-context behavioral advertising purposes. We do not Process Personal Information for the purpose of cross-context behavioral advertising or targeted advertising, as those terms are defined under US State Privacy Laws).
Information We Collect Through Automatic Data Collection Technologies
As You navigate through and interact with Our Website, We and, and in some cases service providers acting on Our behalf, may use automatic data collection technologies to collect certain information about Your equipment, browsing actions, and patterns including:
- Details of Your visits to Our Website, including the type of web browser You use, Your operating system, Your internet service provider, Your IP address, that pages You view, the time and duration of Your visits, other communication data, and the resources that You access and use on the Website.
Some of the information that is collected automatically, when viewed in context with other information, may be Personal Information. We use that information to improve Our Website and to deliver better and more personalized Services by enabling Us to:
- Gather and analyze statistics on Website usage, including audience size and usage patterns;
- Store information about Your preferences;
- Speed up Your searches; and
- Recognize You when You return to Our Website.
The technologies We use for this automatic data collection may include:
- Web Beacons. Pages of Our Website and Our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Consequences of Not Providing Your Personal Information
- Provide Services to You and fulfill Our contractual obligations with You;
- Fulfill legal requirements;
- Enter into a contract with related parties and continuing to contract with those related parties; or
- Maintain contact with You.
Data Security and Storage
We have implemented appropriate security measures that are designed to protect Your Personal Information from unauthorized access, disclosure, use, and modification. We regularly review Our security procedures to consider appropriate new technology and methods. Even so, please be aware that no security measure is perfect. Thus, We cannot guarantee the security of Your Personal information at all times. You should always be vigilant when it comes to the protection of Your Personal Information.
Children Under the Age of 16
Your Privacy Rights
Right to Know and Data Portability. You have a right to request additional information about the categories of Personal Information collected, sold, disclosed, or shared; purposes for which this Personal Information was collected, sold, disclosed, or shared; categories of sources of Personal Information; and categories of third parties with whom We disclosed or shared this Personal Information. You have a right to receive this information in a portable and, to the extent technically feasible, in a readily useable format that allows You to transmit this information to another entity without hindrance.
Right to Opt-Out of Our Sale of Your Personal Information. To the extent that the "Sale of Personal Information" section above indicates that We sell Your Personal Information, You have a right to opt-out of those sales.
Right to Opt-Out of Our Sharing or Use of Your Personal Information for Targeted Advertising or Cross-Context Behavioral Advertising. To the extent that the "Targeted Advertising / Cross-Context Behavioral Advertising" section above indicates that share or use Your Personal Information for either of those activities, You have a right to opt-out of those activities.
Right to Withdraw Consent to Use Sensitive Personal Information. To the extent that the "Personal Information We Collect and How We Use It" section above indicates that We use Your Sensitive Personal Information, You have a right to withdraw Your consent to allow Us to use that Sensitive Personal Information.
Right to Deletion. You have the right to request the deletion of Your Personal Information, subject to certain limitations.
Right to Correct.You have the right to request the correction of any inaccuracies in the Personal Information We hold about You, subject to certain limitations.
Right to Appeal. You have the right to appeal any decision made by a Us regarding Your privacy rights identified in this section.
Supplemental Information for California Residents
Notice at Collection
Commercial Purposes for Collection and Use of Personal Information (Sale and Sharing). We neither sell Your Personal Information nor share it with third parties for cross-context behavioral advertising.
Sensitive Personal Information
We do not Process Your "sensitive" Personal Information, as that term is defined by the CCPA.
California Shine the Light Law
Notice of Financial Incentives
We do not offer any financial incentive in exchange for the collection of Your Personal Information.
Your CCPA Rights
In addition to those rights, if the "Sensitive Personal Information" section above indicates that We Process Your Sensitive Personal Information for the purpose of inferring characteristics about You, You have the right to limit the that particular use of Your Sensitive Personal Information as set forth in Section 1798.121 of the CCPA.
Information for Nevada Residents
Exercising Your Rights
- Send an email with the subject line "Data Privacy Request" to: email@example.com
Write Us at:
Berkshire Hathaway HomeServices
Attn: Data Privacy Request
424 N. Main Street, Suite 100
Las Cruces, NM 88001
All requests must provide sufficient information for Us to be able to verify You are the person whose Personal Information We hold. Whenever possible, You must describe Your request in enough detail so that We can properly locate the Personal Information related to the request. We cannot respond Your request unless We can verify Your identity and locate Your Personal Information. You may designate, in writing or through a power of attorney, an authorized agent to make requests on Your behalf by contacting Us using the same methods. We may still require You to directly verify Your identity and confirm that You provided the authorized agent permission to submit the request.
Email Us at firstname.lastname@example.org
Write Us at the following postal address:
Attn: Privacy Officer
424 N. Main Street, Suite 100
Las Cruces, NM 88001