August 7, 2024
Keller Williams Realty, Inc. and its affiliates (collectively, “Keller Williams,” “we,” “us,” or “our”) want you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our practices in connection with information that we collect about you through:
Keller Williams is a real estate franchisor. We license the use of our name to independently owned franchisees to operate real estate brokerage offices (each, a “KW® Market Center”). These KW® Market Centers enter relationships with real estate agents who are their independent contractors (each, a “KW® Agent”). This Privacy Policy does not apply to the privacy practices of any products or services, including real estate brokerage services, offered or provided to you by a KW® Market Center or their KW® Agents (collectively, the “Other Services”), regardless of whether the Other Services were initiated by your interactions with a KW Website, KW App, or directly with a KW® Market Center or their KW® Agent(s). Please consult with the KW® Market Centers or their KW® Agents, as applicable, to learn more about their privacy practices that apply to their provision of the Other Services.
Collectively, we refer to the KW Websites, the KW Apps, our online contact and survey forms, our emails to you, and any offline interactions we have with you as the “Services.” All references to “including” in this Privacy Policy shall be construed as meaning “including without limitation.”
SECTION 1: PERSONAL INFORMATION
“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We may collect Personal Information from you via the Services when you choose to share it with us, including the following categories:
Collection of Personal Information
We and our service providers collect Personal Information in a variety of ways, including:
We collect Personal Information in order to provide the requested Services to you, improve upon our existing Services, and develop new products or services. If you do not provide the Personal Information requested by us, we may not be able to provide you with the Services you requested.
Use of Personal Information
We and our service providers use Personal Information for the following legitimate business purposes:
We will engage in these activities to manage our contractual relationship with you and comply with a legal obligation.
We will engage in this activity with your consent to the extent required by applicable law or where we have a legitimate business interest.
We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law or where we have a legitimate business interest.
We use this information to manage our contractual relationship with you.
We engage in these activities to manage our contractual relationship with you, comply with a legal obligation, and/or promote our legitimate business interests.
Sharing and Sale of Personal Information
We may disclose all Personal Information categories identified in this section above to the following groups:
Other Uses and Disclosures
We also use and disclose your Personal Information as necessary or appropriate, in particular when we have a legal obligation or legitimate business interest to do so:
SECTION 2: OTHER INFORMATION
“Other Information” is any information that does not reveal your specific identity. The Services may collect Other Information, including:
Collection of Other Information
We and our service providers may collect Other Information in a variety of ways, including:
Uses and Disclosures of Other Information
We may use and disclose Other Information for any purpose, except where otherwise required under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Policy. In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.
SECTION 3: SECURITY
We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, or if you believe you have identified a security vulnerability, please immediately notify us in accordance with the “Contacting Us” section below.
SECTION 4: CHOICES AND ACCESS
Opting Out of Marketing Communications
We give you choices regarding our use of your Personal Information for marketing purposes. You may opt-out from receiving marketing-related emails from us. If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt-out via the opt-out link in the message itself. If you would like to opt-out of receiving marketing-related emails from one of our KW® Market Centers or their KW® Agents, please contact the applicable KW® Market Center or their KW® Agents directly.
How you can access, change, or delete your Personal Information
Consumer privacy laws or regulations in certain jurisdictions may provide their residents with additional rights regarding our use of Personal Information. The following section applies solely to individuals who reside in specific jurisdictions that provide consumers with additional privacy rights, including California, Colorado, Connecticut, Oregon, Texas, Utah, and Virginia, and the European Union.
We will not discriminate against you for exercising any of your rights.
How to Exercise These Rights
To submit a request to exercise these rights you may use one of the following methods:
For all requests, please clearly state that the request is related to “Your Privacy Rights,” indicate which type of request you are making, and provide your name, residential address (street address, city, state, and zip code) and an e-mail address or phone number where we may contact you. We are not responsible for notices that are not labeled or sent properly or that do not include complete information as outlined in this paragraph.
To appeal a decision regarding a consumer rights request, please submit your appeal using one of the methods above. Your appeal should include an explanation of the reason you disagree with our decision. Within 45 days of receipt of an appeal, we will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions.
Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to Personal Information about you. You may also make a verifiable consumer request on behalf of your minor child. If an authorized agent is submitting a request on your behalf, we will need to either verify the identity of your authorized agent or confirm that you have provided the authorized agent with permission to submit a request on your behalf.
You may only make such a request for access or data portability twice within a 12-month period. The verifiable consumer request must provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, and describe your request with sufficient detail that allows us to properly understand, evaluate and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. We will deliver our written response electronically. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide the Personal Information that is readily usable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Requests submitted via this process will be processed solely to the extent your Personal Information is in possession of Keller Williams or one of our third-party service providers. If you provided your Personal Information to one of our KW® Market Centers or their KW® Agents, you must submit a similar request directly to them.
SECTION 5: PHONE CALLS AND TEXT MESSAGES
If you are a United States resident using the Services, you represent and warrant that:
Do Not Call Policy
This notice is our Do Not Call Policy under the Telephone Consumer Protection Act. Unless applicable law allows or you provide consent, we do not solicit via telephone numbers listed on the National Do Not Call Registry or a state Do Not Call list.
Call Monitoring and Recording
If you communicate with us by telephone, we may monitor or record the call in accordance with applicable law.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. DO NOT SHARE YOUR TELPEHONE NUMBER WITH US OR USE THE SERVICES IF YOU DO NOT WISH TO PROVIDE CONSENT.
Express Written Consent
By sharing your telephone number with us, you agree that we may contact you at the telephone number and email address you provided, even if your number is on a federal, state, or internal Do Not Call list, and may send marketing calls and texts to you using an automated system for selection or dialing of numbers or pre-recorded or artificial voice messages that relate to real estate products or services. Your consent is not required to purchase products or services. You may unsubscribe at any time.
Changes to Consent and Opting Out
You may revoke your consent to receive calls and text messages from us at any time by emailing us at legal@kw.com. To opt out of receiving text messages from us, please follow the opt-out instructions in a text message sent by us. Please allow up to 30 days for us to process such changes or opt-out requests.
It is possible that a KW® Market Center and/or their KW® Agents may have your phone number, and that you may continue to receive calls and texts from them despite submitting an opt-out request to us. To the extent you wish to opt out of receiving calls or text messages from a KW® Market Center and/or their KW® Agents, you must contact them directly. We are not responsible for unwanted communications from KW® Market Centers and/or their KW® Agents.
SECTION 6: RETENTION PERIOD
We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.
To determine the appropriate retention period for Personal Information, we consider the following:
SECTION 7: THIRD PARTY SERVICES
This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including KW® Market Centers, KW® Agents, and/or 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 us or by our affiliates.
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, including Apple, Meta, Instagram, 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.
With respect to our Command mobile application, a KW App, use and transfer to any other application of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
SECTION 8: USE OF SERVICES BY MINORS
The Services are not directed towards or intended for use by individuals under the age of 16, and we do not knowingly collect or solicit Personal Information from individuals under the age of 16. Please email us at legal@kw.com if you believe we collected Personal Information from an individual under the age of 16.
SECTION 9: JURISDICTION AND CROSS-BORDER TRANSFER
Keller Williams Realty Inc. and its affiliate, KW Worldwide, Ltd., comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Keller Williams has certified to the U.S. Department of Commerce that it adheres to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of Personal Information received from the European Union and the United Kingdom in reliance on the EU-U.S. DPF and the UK Extension to the EU-U.S. DPF. Keller Williams Realty Inc. and its affiliate, KW Worldwide, Ltd., have certified to the U.S. Department of Commerce that they adheres to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of Personal Information received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this Privacy Policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles shall govern. Keller Williams is responsible for the processing of Personal Information it receives, under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF and subsequent transfers to any third-party(ies) acting as an agent on its behalf. Keller Williams complies with the EU-U.S. DPF Principles and the Swiss-U.S. DPF Principles for all onward transfers of personal data from the EEA, the United Kingdom, and Switzerland, including the onward transfer liability provisions. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.
In compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF, Keller Williams Realty, Inc. and its affiliate, KW Worldwide, Ltd., commit to referring unresolved complaints concerning our handling of Personal Information received in reliance on the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF to the International Centre for Dispute Resolution-American Arbitration Association (ICDR-AAA), an alternative dispute resolution provider based in the United States. If you do not receive timely acknowledgment of your DPF Principles-related complaint from us, or if we have not addressed your DPF Principles-related complaint to your satisfaction, please visit https://go.adr.org/dpf_irm.html for more information or to file a complaint. The services of the ICDR-AAA are provided at no cost to you. In certain situations, you may be able to invoke binding arbitration for complaints regarding our compliance with the EU-U.S. DPF not resolved by any of the other DPF mechanisms. For additional information on when binding arbitration may be invoked, please review Annex I of the EU-U.S. DPF: https://www.dataprivacyframework.gov/s/article/ANNEX-I-introduction-dpf?tabset-35584=2. The Federal Trade Commission has jurisdiction over Keller Williams Realty, Inc.’s and KW Worldwide, Ltd.’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF.
Your Personal Information may be stored and processed in any country where we have facilities or in which we 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 Economic Area (EEA)
Some 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://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en.
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.
SECTION 10: SENSITIVE INFORMATION
Unless we request it, we ask that you not send us through the Services, or otherwise disclose to us, any sensitive Personal Information, including 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 information, or trade union memberships.
SECTION 11: UPDATES TO THIS PRIVACY POLICY
The “ Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the Services. You are responsible for ensuring we have an up-to-date, active, and deliverable email address for you and for periodically visiting this Privacy Policy to check for any changes. Your continued use of the Services following any changes means that you accept the revised Privacy Policy. If you do not agree with our policies and practices outlined in this Privacy Policy, your choice is to discontinue use of the Services.
SECTION 12: CONTACTING US
Keller Williams Realty, Inc., located at 1221 S. MoPac Expressway, Suite 400, Austin, TX 78746 USA, is the company responsible for collection, use, and disclosure of your Personal Information under this Privacy Policy. To the extent this Privacy Policy is linked from a website hosted by Keller Williams and operated by a KW® Market Center or one of their KW® Agents, this Privacy Policy applies only to the extent your Personal Information is provided or made available to Keller Williams. If you provided your Personal Information to a KW® Market Center and/or their KW® Agent(s), please contact the applicable KW® Market Center and/or their KW® Agent(s) directly to learn more about their privacy practices.
If you have any questions about this Privacy Policy, please contact us at legal@kw.com or write to us at:
Keller Williams Realty, Inc.
Attention: Legal Department
1221 S. MoPac Expressway, Suite 400 Austin, TX 78746 USA
Because email communications are not always secure, please do not include any sensitive Personal Information, including your social security number, bank account number, or credit card number, in your emails to us.
Keller Williams Realty, Inc., a franchise company, is an Equal Opportunity Employer and supports the Fair Housing Act. Each Keller Williams® office is independently owned and operated.
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