Privacy Policy

  • Terms of Use

Please read these Terms of Service (the Agreement) carefully. This Agreement is between you and Keller Williams Realty, Inc. (“we” or “us”). Unless different terms specifically apply to a particular website or service, this Agreement governs your access and use of any website or mobile application provided by us, including kw.com, KW Command (also known as Command or Keller Command), KW Marketplace or Keller Cloud (the Services).

By registering an account, clicking, or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term), or by using the Services, you agree to be bound by the terms of this Agreement and any changes to it. References to “you” and “your” in this Agreement mean both the individual using the Services and to an Organization (defined below).

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS DESCRIBED IN SECTION 16 BELOW, REQUIRES USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN BY JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OR CLASS ARBITRATIONS.

You affirm that you are of legal age to enter into this Agreement. If you are accessing or using the Services on behalf of, or for the benefit of, an entity (an Organization), then you are agreeing to this Agreement on behalf of yourself and the Organization, and you represent that you have the authority to do so.

  1. CHANGES.

We may change this Agreement by notifying you by any reasonable means, including posting a revised Agreement through the Services. The “Last Updated” legend shows when this Agreement was last changed.

Subject to applicable data privacy laws, we may, at any time and without liability: (a) modify or discontinue all or part of the Services; or (b) charge, modify, or waive any fees required to use the Services.

  1. LICENSE TO USE THE SERVICES.

We grant you a limited, revocable, non-exclusive license to use the Services and we provide the Services for your personal use only unless we agree otherwise. The Services, and all its elements, are owned by us or licensed to us by third parties. We and such third-party licensors retain all right, title, and interest in the Services, including all patent, copyright, trademark, and trade secret rights therein.

The Services may not work with all hardware or devices. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed for you to use the Services. The Services may include software applications that may make available additional products and services (these are collectively referred to as the “Apps”). You may be required to download or use specific software and Apps for certain components of the Services to function properly.

  1. REGISTRATION; USERNAMES AND PASSWORDS.

You may have to register an account with us to use the Services. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username and password are for your personal use only and must be kept confidential. You are responsible for the security of your account and all actions associated with it. You must promptly notify us of any confidentiality breach or unauthorized use of your username or password, or your Services account.

  1. INFORMATION COLLECTED THROUGH THE SERVICES.

Client Data. “Client Data” means any information related to former, current, or prospective clients of KWRI or its agents, or information related to you that is uploaded, or synchronized with Apps (defined in Section 2), in the Services.

Information You Provide Through the Services. You promise that: (a) you have complied with and will continue to comply with all laws applicable to any information you provide or access through the Services, including but not limited to Client Data (as defined below); (b) such information is and will remain accurate and complete, and you will maintain and update the information as needed; and (c) you have all necessary rights and permissions to authorize the processing of such information under this Agreement.

Privacy Policy. You agree that the Services, including Apps licensed by us, may collect, transmit, and process data as described in the KWRI Privacy Policy located at https://www.kw.com/kw/privacypolicy (the Privacy Policy), as such policy may be updated over time. For clarity, you agree that KWRI may share any information it collects through the Services, including personally identifiable information, with KWRI’s affiliated entities and other third parties.

  1. YOUR CONDUCT. YOU MUST NOT:
  • Post, transmit or make available any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
  • Post, transmit or otherwise make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a Virus).
  • Link, integrate, or provide access to the Services or related infrastructure without KWRI’s prior explicit permission.
  • Use the Services in any way or for any purpose that is unlawful, fraudulent, or otherwise tortious.
  • Impersonate someone else in relation to your activities on the Services.
  • Transmit any spam, chain letters or other unsolicited communications.
  • Harvest or collect information about users of the Services.
  • Interfere with the operation or content of the Services, or the servers or networks used to make the Services available (for example, by hacking or defacing any portion of the Services), or violate any requirement, procedure or policy of such servers or networks.
  • Inhibit any other person from using the Services.
  • Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of the Services.
  • Reverse engineer, decompile or disassemble any portion of the Services.
  • Remove or alter any copyright, trademark or other proprietary rights notice from the Services.
  • Frame or mirror any portion of the Services, or incorporate any portion of the Services into any product or service.
  • Systematically download or store Services content.
  • Tamper with or circumvent any security technology associated with the Services.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather Services content (including Submissions), or reproduce or circumvent the navigational structure or presentation of the Services, without our express prior written consent.

We may monitor your use of the Services to determine compliance with this Agreement. We may remove or refuse any data or material included in the Services, in whole or in part, for any reason. We may disclose information regarding your access to and use of the Services, and the circumstances surrounding such access and use, to anyone for any reason or purpose.

  1. THIRD PARTY MATERIALS; LINKS.

Some of the Services’ functionality may include third-party materials, including Apps (Third Party Materials), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.

We do not endorse, and make no representations or warranties related to, any aspect of the Third Party Materials. Your use of any Third Party Materials is at your own risk and subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials) (the Third Party Terms). You are solely responsible for your compliance with such Third Party Terms. We have no obligation to monitor any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Services at any time.

  1. TRANSACTIONS.

We may give you the ability to purchase products, services or access to Apps through the Services (each a “Transaction”). In order to make a Transaction, you may be asked to supply information, such as your credit card number and its expiration date, and your billing address. You promise that you have the right to use the credit card you use or submit in connection with a Transaction, and you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

We may, with or without prior notice, (a) limit or discontinue access to any product, service or App; (b) impose conditions on the honoring of any coupon, discount or similar promotion; (c) prevent any user from making any Transaction; and (d) refuse to provide any user with any product, service or App. Unless otherwise specifically stated, Transactions are final, non-cancellable, and non-refundable. You must pay all charges incurred by you or on your behalf at the prices in effect when such charges are incurred. Additionally, you are responsible for any taxes applicable to your Transactions.

  1. SUBSCRIPTIONS; PAYMENT AUTHORIZATION.

If you purchase an App, product, or service through an App, or if you start a free trial for an App, product or service, that is a “Subscription”. Your Subscription will renew automatically at the regular subscription price and at the frequency stated when you made the purchase or began the free trial, unless you are otherwise notified in writing. UNLESS YOU SET A SUBSCRIPTION TO STOP AUTOMATICALLY RENEWING PRIOR TO ITS RENEWAL DATE, OR CANCEL A FREE TRIAL BEFORE IT ENDS, EACH IN THE MANNER SPECIFIED BY THE APP OR THE SUBSCRIPTION TERMS, YOU AUTHORIZE US (WITHOUT FURTHER NOTICE TO YOU, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAWS) TO CHARGE THE PAYMENT METHOD YOU HAVE PROVIDED TO US IN THE AMOUNT OF THE THEN-CURRENT SUBSCRIPTION FEES AND ANY APPLICABLE TAXES, ON A MONTHLY BASIS OR AT ANY OTHER FREQUENCY SPECIFIED BY THE APP OR THE SUBSCRIPTION TERMS AND AGREED TO BY YOU. If we cannot charge your payment method for any reason, such as an expired payment method or insufficient funds, you remain responsible for any uncollected amounts. We may attempt to charge your payment method again as you update your payment information. We may terminate a subscription, or change the terms of subscriptions, at any time. If we terminate a subscription, you will receive a prorated refund if applicable.

  1. SUBMISSIONS.

Users may make available information, data and materials through or in connection with the Services (each a “Submission”), including on profile pages or through the Services’ interactive features and submitting reviews of Apps. We have no control over, and we are not responsible for, any Submission, or use or misuse (including any distribution) of Submissions. We have the right to remove, screen, edit or reinstate any Submissions, including reviews, in our sole discretion and without notice to you. If you choose to make any of your personally identifiable or other information publicly available through the Services, you do so at your own risk.

Additionally, if you provide to us any ideas, proposals, suggestions or other materials (Feedback), such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.

  1. LICENSE.

As between you and us, you retain ownership of your Submissions, exclusive of any visual interfaces, designs, aggregated data that is not identified with an individual, or other elements of the Services. For each Submission, you grant to us an unlimited, worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission (provided that our use and other processing of Personal Information as defined in the Privacy Policy does not violate the Privacy Policy), in any format or media now known or later developed, and for any purpose (including promotional purposes, such as testimonials).

You promise that you have all rights necessary to grant the licenses granted in this Agreement, and that your Submissions are complete and accurate, and are not fraudulent, tortious or in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials related to each Submission that you may have under any applicable law under any legal theory.

  1. KELLER WILLIAMS’ PROPRIETARY RIGHTS.

We and our suppliers own the Services, which are protected by proprietary rights and laws. Our trade names, trademarks and service marks include Keller Williams, KW and any associated logos. All trade names, trademarks, service marks, logos, copyrightable works and other content, information and materials on or made available through the Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Services should be construed as granting any right to use any trade names, trademarks, service marks, logos, copyrightable works or other content, information and materials without the express prior written consent of the owner.

  1. DISCLAIMER OF WARRANTIES.

THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND AND WE DO NOT PROVIDE ANY WARRANTY THAT THE SERVICES WILL BE FREE FROM ERRORS OR INTERRUPTION. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. LIMITATION OF LIABILITY.

NEITHER WE NOR OUR AFFILIATES AND ANY RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”) WILL BE LIABLE FOR: (A) ANY LOST PROFITS, REVENUES, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COST OF COVER, OR PUNITIVE DAMAGES; OR (B) AGGREGATE LIABILITY OF ALL AFFILIATED ENTITIES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEEDING THE GREATER OF (I) THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE CAUSE OF ACTION FOR DAMAGES, OR (II) FIFTY DOLLARS ($50.00). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES (INCLUDING ANY APPS OR THIRD PARTY MATERIALS) IS TO STOP USING THE SERVICES. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH US AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

  1. INDEMNITY.

You will defend, indemnify and hold harmless us and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees and expenses) arising out of or relating to: (a) your use of, or activities in connection with, the Services (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.

  1. TERMINATION.

This Agreement is effective until terminated. We may terminate or suspend your use of the Services at any time and without prior notice, for any or no reason, including if we believe that you have violated or acted inconsistently with this Agreement. Upon any such termination or suspension, your right to use the Services will immediately cease, and we may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Subject to the limitations and other provisions of this Agreement: (a) the representations and warranties of the parties contained herein will survive the expiration or termination of this Agreement; and (b) any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or termination of this Agreement for the period of time necessary to give proper effect to the intent of the provision.

  1. GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER.

This Agreement and your activities under it, are governed solely by and shall be construed solely in accordance with the laws of the United States and the State of Texas, U.S.A., without regard to its principles of conflicts of law regardless of your location.

Except for disputes that qualify for small claims court, any controversy or claim arising out of or related to this Agreement will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury. You agree that any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. You agree that we and you are each waiving the right to trial by a jury, and you are agreeing to give up any legal right you may have to participate in a class arbitration or class action. If you do not want to be bound by this arbitration provision, you may opt out without prejudice or penalty. In order to opt out of this arbitration provision, you must notify us in writing that you do not want to resolve disputes with us by arbitration, and such notice should be delivered by e-mail to legal@kw.com or by mail to 1221 S. Mopac Expressway, Suite 110, Austin, Texas 78746, Attn: Legal Department, within thirty (30) days of the earlier of: (a) the date you first use or access the Services; and (b) the date you click or tap any button or box marked “accept,” “agree” or “ok” (or a similar term) in connection with this Agreement (including registering your account).

Arbitrations conducted pursuant to this Agreement will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Mediation Procedures (Commercial Rules). In the event the Commercial Rules conflict with any provision of this Agreement, the terms of this Agreement will control. A party will initiate an arbitration under this Agreement by providing notice and a demand for arbitration to the other party according to the Commercial Rules. The parties will work together to agree on the appointment of an arbitrator within twenty (20) days of the initiation of the arbitration. If the parties cannot agree on an arbitrator, one will be appointed according to the Commercial Rules.

For arbitrations outside of California, the arbitrator shall have the authority to award attorney’s fees and costs to the prevailing party if such an award is allowed under applicable law. For arbitrations within California, the arbitrator shall not have the authority to award attorney’s fees and costs to a claimant who does not prevail against.

  1. INFORMATION OR COMPLAINTS.

If you have a question or concern regarding the Services, please send an e-mail to support@kw.com. You may also contact us by calling us at (833) 592-7548. Please note that e-mail communications are not necessarily secure. Accordingly, you should not include personal or payment information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

  1. COPYRIGHT INFRINGEMENT CLAIMS.

The Digital Millennium Copyright Act of 1998 (DMCA) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available through the Services infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or disable access to it. If you believe in good faith that someone has wrongly submitted to us a notice of copyright infringement involving content that you made available through the Services, you may send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to our Designated Agent as follows:

Keller Williams Realty, Inc.

Legal Department

1221 S. Mopac Expressway, Suite 110

Austin, Texas 78746

E-mail: Legal@kw.com

Telephone: (512) 327-3070

We suggest that you consult your legal advisor before sending a DMCA notice or counter-notice. It is our policy to terminate, in appropriate circumstances, a user’s right to use the Services if we decide they are repeat infringers.

  1. EXPORT CONTROLS.

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not: (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

  1. MISCELLANEOUS.

This Agreement does not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any other breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement will be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein and any addenda hereto, is the entire agreement between you and us regarding its subject matter, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Services or by e-mail (including in each case via links) to the most recent e-mail address that you have provided to us, or by regular mail to the most recent mailing address that you have provided to us. Without limitation, a printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for any failure to fulfill any obligation due to any cause beyond our reasonable control.

KELLER WILLIAMS REALTY PRIVACY POLICY

Keller Williams Realty, Inc. and its affiliates, which include but are not limited to, KW Worldwide, Ltd., KW Accelerator Studios, LLC, KW Property Management, Ltd., KW Insurance, Ltd., Keller Offers, Ltd, Keller Mortgage, LLC, and Business MAPS, Ltd. all of which are based in the United States (collectively, “Keller Williams,” “we,” or “ us”), 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 consumers (“you”) through:

  • Our website at https://www.kw.com and other websites and Keller Williams-branded web-based applications we operate from which you are accessing this Privacy Policy (collectively, the “KW Websites”),
  • The Keller Williams Real Estate mobile application and other Keller Williams-branded mobile applications made available by us on or through mobile devices (collectively, the “KW Apps”),
  • HTML-formatted email messages that we send to you that link to this Privacy Policy, and
  • Offline interactions you have with us.

Collectively, we refer to the KW Websites, the KW Apps, our emails, and offline interactions as the “Services.”

Personal Information

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

  • Name
  • Postal and email address
  • Telephone number
  • IP address (we may also derive your approximate location from your IP address)
  • Your real estate buying/selling interests, when you choose to share them with us
  • Your mobile device’s contacts, photos, and location, when you choose to share them with us
  • Photos

Collection of Personal Information

We and our service providers collect Personal Information in a variety of ways, including:

  • Through the Services

—We collect Personal Information through the Services, for example, when you fill out a user profile when using our Services, register an account to access the Services, request a market analysis of your home, or contact us by telephone.

  • From Other Sources

—We receive your Personal Information from other sources, for example:

○publicly available databases;

○joint marketing partners, when they share the information with us.

We need to collect Personal Information in order to provide the requested Services to you. If you do not provide the information requested, we may not be able to provide the Services. If you disclose any Personal Information relating to other people, such as your friends or family, to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Use of Personal Information

We and our service providers use Personal Information for legitimate business purposes including:

  • Providing the functionality of the Services and fulfilling your 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 us via one of our online contact forms or otherwise, for example, when you send us questions or comments, or when you request other information about our Services.

—To send administrative information to you, such as changes to our terms, conditions and policies.

—To allow you to send messages to another person through the Services if you choose to do so.

We will engage in these activities to manage our 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 our services, new products, and other news about our company.

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

—We will engage in this activity with your consent or where we have a legitimate interest.

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

—To analyze or predict our users’ preferences in order to prepare aggregated trend reports, so we can improve our Services.

—To better understand your interests and preferences, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.

—To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.

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

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

—We may offer you the opportunity to participate in a sweepstakes, contest or other promotion.

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

We use this information to manage our contractual relationship with you.

  • Aggregating and/or anonymizing Personal Information.

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

  • Accomplishing our business purposes.

—For data analysis, for example, to improve the efficiency of our Services;

—For audits, to verify that our 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 our current products and services;

—For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;

—For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and

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

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

Disclosure of Personal Information

We disclose Personal Information:

  • To our affiliates for the purposes described in this Privacy Policy.
  • To our third party service providers, to facilitate services they provide to us.

—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 our Keller Williams agents, brokers, and market centers where you have requested such sharing or inquired about a property.
  • To third party sponsors of sweepstakes, contests, and similar promotions.
  • To our third-party business partners.

—We may share your Personal Information with selected third-party business partners for our partners’ own business purposes, including to enable them to send information about products and services that may be of interest to you, consistent with your choices. Please refer to “Choices and Access” below, for information about the choices we offer concerning such sharing.

  • By using the Services, you may elect to disclose Personal Information.

—On message boards, chat, blogs, and other services to which you are able to post information and content. Please note that any information you post or disclose through these services will become public and may be available to other users and the general public.

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 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 we believe is important.

—These can include authorities outside your country of residence.

  • To cooperate with law enforcement.

—For example, when we respond to law enforcement requests and orders or provide information we believe is necessary or appropriate.

  • For other legal reasons.

—To enforce our terms and conditions; and

—To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.

  • In connection with a sale or business transaction.

—We have a legitimate interest in disclosing or transferring your 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 our 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

We and our 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. We use this information to ensure that the Services function properly.

  • Through your use of KW Apps

When you download and use KW Apps, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.

  • Using cookies

—Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience. We 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 us with resolving questions regarding them. Cookies further allow us to select which of our advertisements or offers are most likely to appeal to you and display them while you are on the Services. We may also use cookies or other technologies in online advertising to track responses to our ads. We 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. You may also wish to refer tohttp://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 us that are relevant to your interests and needs. You can learn more about our cookie policy here:http://www.kw.com/kw/cookie-policy

  • 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 our marketing campaigns, and compile statistics about usage of the Services and response rates.
  • Analytics. We 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. You 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

—We may collect the physical location of your device by, for example, using satellite, cell phone tower or WiFi signals. We may use your device’s physical location to provide you with personalized location-based services and content. We may also share your device’s physical location, combined with information about what advertisements you viewed and other information we collect, with our 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, we and/or our marketing partners may not be able to provide you with the applicable personalized services and content.

Uses and Disclosures of Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise 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.

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, please immediately notify us in accordance with the“Contacting Us” section below.

Choices and Access

Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure 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
  • Our sharing of your Personal Information with our affiliates for their direct marketing purposes: If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our affiliates for their direct marketing purposes, you may opt out.
  • Our sharing of your Personal Information with our third-party business partners for their direct marketing purposes: If you would prefer that we discontinue sharing your Personal Information on a going-forward basis with our business partners for their direct marketing purposes, you may opt out.

TO OPT OUT– Please contact us at support@kw.com  for assistance with the above. We will try to comply with your request(s) as soon as reasonably practicable. Please note that if you opt-out of receiving marketing-related emails from us, we 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 us at DSAR-KW@kw.com. We 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 your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please note that we 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 us to remove content or information that you have posted to the Services by contacting us in accordance with the “Contact Us” section below. Please note that your request does not ensure complete or comprehensive removal of the content or information, as, for example, some of your content may have been reposted by another user.

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.

The criteria used to determine our retention periods include:

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
  • Whether retention is advisable in light of our 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 we are 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 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, 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 sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.

Jurisdiction and Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be 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 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. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, such as certification to the EU-U.S. Privacy Shield Framework, to protect your Personal Information (please see our EU-U.S. Privacy Shield Statement at the end of this policy). You may obtain a copy of these measures by contacting us in accordance with the “Contact Us” section below.

Sensitive Information

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, 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 us.

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. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Contacting Us

Keller Williams Realty, Inc., located at 1221 S MoPac Expressway, Suite 100, Austin TX 78746 USA , is the company responsible for collection, use and disclosure of your Personal Information under this Privacy Policy.

If you have any questions about this Privacy Policy, please contact us at legal@kw.com or:

1221 S MoPac Expressway, Suite 100

Austin TX 78746 USA

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

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:  http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

EU-U.S. Privacy Shield Statement

Keller Williams Realty, Inc. and KW Worldwide, Ltd. comply with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. Keller Williams Realty, Inc. and KW Worldwide, Ltd. have certified that they adhere to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification pages, please visit: https://www.privacyshield.gov.

In compliance with the Privacy Shield Principles, Keller Williams Realty, Inc. and KW Worldwide, Ltd. commit to resolve complaints about our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact legal@kw.com.

Keller Williams Realty, Inc. and KW Worldwide, Ltd. have further committed to refer unresolved Privacy Shield complaints to BBB EU PRIVACY SHIELD, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers  for more information or to file a complaint. The services of BBB EU PRIVACY SHIELD are provided at no cost to you.

Keller Williams Realty, Inc. and KW Worldwide, Ltd. are subject to the investigatory and enforcement powers of The Federal Trade Commission (FTC). It is possible, under certain conditions, for individuals to invoke binding arbitration.

CALIFORNIA CONSUMER PRIVACY ACT NOTICE

Addendum to Keller Williams Realty, Inc. Privacy Policy

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), Keller Williams Realty, Inc. and its affiliates (”Keller Williams” “we” or “ us”) are providing the following details regarding the categories of Personal Information that we collect, use, and disclose about California residents. This CCPA Notice does not apply to our job applicants, employees, contractors, owners, directors, or officers where the Personal Information we collect about those individuals relates to their current, former, or potential role at Keller Williams. 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

We collect Personal Information from:

  • Our interactions with you, such as when you use our websites or applications, contact us online or on the phone, sign up for a newsletter, register an account, purchase a product or service, or attend one of our events; and
  • Our affiliates, third-party providers of software applications made available on the KW Marketplace, and publicly available online sources.

Categories of Personal Information Collected

We 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 our website;

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

  • We use these categories of Personal Information for the purposes of operating, managing, and maintaining our business, providing our products and services, and accomplishing our 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 our products and services;

—Provide tools and services to our franchisees and agents;

—Personalize, advertise, and market our products and services;

—Conduct research, analytics, and data analysis;

—Maintain our property and our 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

We have disclosed the following categories of Personal Information as listed in the CCPA to third parties for our 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 our website;

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.

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

We 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 we:

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

—The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;

—The specific pieces of Personal Information we 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 we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).

  • Delete Personal Information we collected from you.

To make a request for the disclosures or deletion described above, please contact us at DSAR-KW@kw.com or (877) 507-0072 We 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

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

Contact Us

If you have any questions regarding this CCPA Notice, please contact us at legal@kw.com.