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BARTON REALTY GROUP
PRIVACY POLICY -- IMPORTANT -- PLEASE READ
LAST
UPDATED: February 5, 2010
This Privacy Policy ("Privacy Policy") describes the commitment to your
privacy on the part of Barton Realty Group, Inc. LLC (referred to collectively
as "Barton Realty Group," "BRG", "we" and "us").
PERSONS OR PARTIES COVERED
This Privacy Policy applies to all visitors to any Barton Realty Group
owned website (the "Website"), all subscribers to Barton Realty Group-sponsored
lists and/or newsletters (whether paid or unpaid), all members and/or
affiliates of memberships or membership sites sponsored by or owned by
Barton Realty Group (whether paid or unpaid), all affiliates of any site sponsored
or owned by Barton Realty Group (whether paid or unpaid), and all customers that
purchase products and/or services via the Website or otherwise from Barton Realty
Group. Persons who visit or view the Website, whether intentionally
or unintentionally, whether solicited or unsolicited, are referred to
herein as "Visitors" and are subject to this Privacy Policy.
Subscribers to Barton Realty Group-sponsored lists and/or newsletters are
referred to herein as "Subscribers" and are subject to the Privacy Policy.
Persons who join an organization or marketing endeavor (e.g. "affiliates")
promoted by and through the Website, or otherwise by Barton Realty Group are
referred to herein as "Members" and are subject to this Privacy Policy.
Individuals that order, attempt to order or receive products and/or
services that are sold, advertised on or delivered from the Website, or
otherwise by Barton Realty Group, even at no cost, are referred to herein as
"Customers" and are subject to this Privacy Policy.
If you are a
resident of the State of California and would like to opt-out from the
disclosure of your personal information to any third party for marketing
purposes, please e-mail us at: info@bartonrealtygroup.com. Please be
advised that where California residents opt-out from permitting their
personal information to be shared, such individuals may still receive
selected offers directly from us, in accordance with the law.
MINORS
We do not knowingly collect information from
individuals under eighteen (18) years of age, or persons who are otherwise
covered by the provisions of the Children's Online Privacy Protection Act
of 1998, as amended ("COPPA"). No information should be submitted
to, or posted at, the Website by individuals under eighteen (18) years of
age. We encourage parents and guardians to spend time online with
their children and to participate and monitor the interactive activities
of their children.
VIEWING, USE AND/OR COMMUNICATION IS CONSTRUED
AS ACCEPTANCE OF THE TERMS OF THIS PRIVACY POLICY
Acceptance of
the terms of this Privacy Policy is a portion of the consideration
required for your right to visit the Website. If you do not accept
the terms of this Privacy Policy in their entirety, you have no right to
visit the Website.
ABOUT THE PERSONAL INFORMATION BRG
COLLECTS AND HOW IT IS USED
Barton Realty Group routinely collects
information about Visitors, Subscribers, Members and Customers. This
information is obtained in various ways, such as:
VISITOR,
SUBSCRIBER, MEMBER OR CUSTOMER INFORMATION OBTAINED FROM REGISTRATION
For purposes of this Privacy Policy, "Registration" means that the
Visitor, Subscriber, Member or Customer, as applicable, takes active,
positive steps to communicate information to Barton Realty Group. This can
include, without limitation, where the individual: (a) registers for a
newsletter or subscribe to a mailing list; (b) participates in Visitor
surveys; (c) participates in promotions, contests and/or sweepstakes
offered by Barton Realty Group; (d) requests information from Barton Realty Group via an
online form, email, mail or courier; (e) joins, or attempts to join, an
affiliate program or other membership organization sponsored by Barton Realty Group;
and/or (f) orders a product through the Website or otherwise from
Barton Realty Group.
The information that you must supply in connection
with Registration (as further described below) may include, without
limitation, some or all of the following: (i) your full name; (ii) company
name; (iii) e-mail address; (iv) mailing address (and billing address if
different); (v) home telephone number; (vi) work telephone number; (vii)
telecopier number; (viii) credit card information; and/or (ix) any other
information requested on the applicable Registration form.
VISITOR
EMAIL INQUIRIES
Website Visitors that wish to communicate with
Barton Realty Group do so under the following conditions: (a) they give their
permission to be contacted by Barton Realty Group; and (b) they are subject to any
'submission' provisions contained in the Barton Realty Group Terms of Use,
Barton Realty Group Purchase Agreement and/or this Privacy Policy. The
email address that you use in connection with your inquiry shall be added
to the Barton Realty Group database.
CUSTOMER EMAIL OR TESTIMONIALS
If you are a Customer and you send an email to Barton Realty Group, or if
you communicate with Barton Realty Group by phone or U.S. mail, Barton Realty Group shall
collect information about your communication and by communicating with
Barton Realty Group, you give your permission for Barton Realty Group to collect, archive,
retrieve and otherwise use any information collected as Barton Realty Group sees
fit.
Any communication which, in its sole discretion, Barton Realty Group
deems to be a testimonial, may be publicized for commercial purposes.
INFORMATION OBTAINED FROM VOLUNTARY VISITOR, SUBSCRIBER, MEMBER OR
CUSTOMER SURVEYS
Unless otherwise specified in the survey, you
must assume that any information provided to Barton Realty Group as part of a
survey in which you participate may be used as set forth hereinbelow.
INFORMATION OBTAINED FROM ELECTRONIC MEANS AND COOKIES
We
may collect certain non-personally identifiable information about you when
you visit many of the sections of the Website. This non-personally
identifiable information includes, without limitation, the type of browser
that you use (e.g., Netscape, Internet Explorer), your IP address, the
type of operating system that you use (e.g., Windows or Mac OS) and the
domain name of your Internet service provider (e.g., America Online,
Earthlink). We use the non-personally identifiable information that we
collect to improve the design and content of the Website and to enable
us to personalize your Internet experience. We also may use this
information in the aggregate to analyze Website usage, as well as to offer
you products and services. We also reserve the right to use aggregate or
group data about our Visitors for any and all lawful purposes. Aggregate
or group data is data that describes the demographics, usage and/or
characteristics of our visitors as a group. By visiting and/or supplying
your personal information at the Website, you agree to allow us to provide
such aggregate data to third parties.
"Cookies" is web jargon for
bits of computer code placed on your hard drive. The Website uses
cookies to keep you 'logged in,' to keep track of search criteria, to
monitor use, to password protect use of the Website and/or to track use of
products and/or services sold by and through the Website. Even in
the case where a Visitor rejects a cookie, they may still use our Website.
The only drawback to this is that the Visitor may be limited in what
he/she can access in some areas on our Website. Cookies can also be
used to obtain information about your computer configuration or your use
of your computer. To find out more about cookies, including how to
disable and/or remove cookies, please visit www.cookiecentral.com.
HOW YOUR INFORMATION MAY BE USED
The personal information
that you submit to us remains your property, but by submitting such
information to us you grant us the right, subject to applicable state and
federal law, to use the personal information (other than credit card
information) for marketing purposes. Without limiting the generality
of the foregoing, we reserve the right to share, sell, rent, lease and/or
otherwise distribute any and all personal information with/to any
third-party for any and all uses permitted by this Privacy Policy and
applicable law. These third parties may include, but shall not be limited
to: (a) providers of direct marketing services and applications, including
lookup and reference, data enhancement, suppression and validation;
(b) e-mail marketers; (c) telemarketers (where permitted by applicable
law); (d) SMS text-based marketers (where permitted by applicable law);
and (e) direct marketers. We may also use your personal information
for any promotion-related purpose, and/or marketing and survey purpose, on
our own behalf and on behalf of our affiliates and subsidiaries. We may
disclose personal information to third-party agents and independent
contractors that help us create and/or operate any promotions, surveys or
other offerings. You agree that we may contact you at any time with
updates and/or any other information that we may deem appropriate for you
to receive in connection with your continued use of the Website and any
and all offerings made available therein, or otherwise by Barton Realty Group.
We are able to offer our products and services to you, in part,
based on your willingness to be reached by our third-party advertisers.
Your personal information (other than credit card information) will
be shared with advertisers on an aggregate and non-aggregate basis.
We also use contact information from your personal information to
send you information about us, our products and services and to contact
you about your billing account status. Please keep in mind, though,
that we do not control, and are not responsible for, the practices of our
third-party advertisers. If you wish to stop receiving future
communications from us and/or third party advertisers, or if you wish to
prevent the transfer and/or sale of your personal information to third
parties (subject to restrictions contained in applicable state and federal
law), please see the Opt-Out/Unsubscribe section below.
You agree
that by submitting your personal information to Barton Realty Group, you agree to
receive e-mail marketing from Barton Realty Group and our third-party advertisers.
In addition, you agree that such act constitutes a purchase, an
inquiry and/or an application for purposes of the Amended Telemarketing
Sales Rule, 16 CFR 310 et seq. (the "ATSR"). With respect to the ATSR,
and notwithstanding that your telephone number may be listed on the
Federal Trade Commission's Do-Not-Call List, we retain the right to
contact you via telemarketing in accordance with the terms of the ATSR.
In addition, by submitting your personal information to Barton Realty Group,
you agree to receive mobile marketing including, but not limited to,
text-message based marketing, from us and our third party advertisers and
marketers (where, and to the extent that, such marketing is permitted by
applicable law). As such, notwithstanding that your mobile telephone
number may be listed on state and/or federal Do-Not-Call registries, we
retain the right to contact you via text-message based marketing in
accordance with applicable state and federal law. Further, you agree
that we reserve the right to share, sell, rent, lease and/or otherwise
distribute your mobile telephone and other mobile data with/to any
third-party for any and all non-marketing uses permitted by this Privacy
Policy and applicable law.
We reserve the right to release current
or past personal information: (a) in the event that we believe that the
Website, and any products, services or other offerings is/are being or
has/have been used in violation of this Privacy Policy, the Barton Realty Group
Terms of Use, Barton Realty Group Purchase Agreement, or to commit unlawful acts;
(b) if the information is subpoenaed; or (c) if any entity comprising
Barton Realty Group is sold or acquired. Moreover, you hereby consent to the
disclosure of any record or communication to any third-party when we, in
our sole discretion, determine the disclosure to be appropriate including,
without limitation, sharing your e-mail address with other third-parties
for suppression purposes in compliance with the CAN-SPAM Act of 2003, as
amended from time to time. Visitors should also be aware that courts of
equity, such as U.S. Bankruptcy Courts, might have the authority under
certain circumstances to permit personally identifiable information to be
shared or transferred to third parties without permission.
We may
also supplement the information we collect with information from other
sources to assist us in evaluating and improving the Website, our products
and/or services, and to determine your preferences so that we can tailor
the Website and our products and/or services to your needs.
CREDIT
CARD INFORMATION
Notwithstanding the foregoing, we will not use
your credit card information for any marketing purposes, or transfer same
to any third party, other than as set forth in this paragraph.
Barton Realty Group may: (a) transfer your credit card information to third party
sellers where necessary to effectuate the purchase of products and/or
services that you requested on the Website or otherwise from Barton Realty Group;
(b) disclose your credit card information pursuant to a court order,
litigation and/or fraud investigation; and (c) share with third parties
the fact that we have credit card information on file for specific
individuals.
INFORMATION OBTAINED FROM VISITOR INTERACTION WITH
BANNERS, POPUPS OR WEBSITE ADVERTISERS
The Website may contain
third party provided banners, pop-ups, hyperlinked advertising and links
to other third-party owned and/or operated websites. Barton Realty Group is not
responsible for the privacy practices associated with such third party
advertisers and/or websites. In some cases, you may be required to
provide certain information to register or complete a transaction via such
advertisers and/or at such websites. These third-party websites and
advertisers have separate privacy and data collection practices and Barton Realty Group
has no responsibility or liability relating to them. We do not
endorse, nor are we responsible for the accuracy of, the privacy policies
and/or terms and conditions of such advertisers and/or websites.
These third party entities are independent third parties and are not
affiliated with us.
OPT-OUT/UNSUBSCRIBE
When you submit
personally identifiable information to us at the Website, you have
opted-in to the sharing of your personal information with third parties to
receive marketing communications. When contacted by any of these
companies or third parties, you should notify them directly of your
choices regarding their use and sharing of your information. To
opt-out of having your information shared with third parties, please
notify us by email at info@bartonrealtygroup.com. To stop
receiving future e-mail communications from Barton Realty Group, please notify us
by email at info@bartonrealtygroup.com. Barton Realty Group may maintain
separate e-mail lists for different purposes. If e-mail recipients
wish to end their e-mail subscription from a particular list, they need to
follow the instructions at the end of each e-mail message to unsubscribe
from the particular list. To unsubscribe from all Barton Realty Group e-mail
lists, please notify us by email at info@bartonrealtygroup.com.
DATA SECURITY
All collected information is stored in a
technically and physically secure environment. When our
registration/application process asks users to enter sensitive information
(such as credit card number), and when we store and transmit such
sensitive information, it is encrypted and protected with SSL encryption
software. While we use SSL encryption to protect sensitive
information online, we also do everything in our power to protect
sensitive information and other personal information off-line.
Unfortunately, no data transmission over the Internet, or
otherwise, can be guaranteed to be 100% secure. As a result, while
we strive to protect your sensitive information and other personal
information, we cannot ensure or warrant the security of any information
that you transmit to us, and you do so at your own risk.
Once we
receive your transmission, we make reasonable efforts to ensure its
security on our systems. Access to this personal information is strictly
limited, and not accessible to the public. All of our users'
personal information, not just sensitive information, is restricted in our
offices. Only employees who need the information to perform a specific job
are granted access to personal information. Our employees are
dedicated to ensuring the security and privacy of all Barton Realty Group user
personal information. Employees not adhering to our written firm policies
are subject to disciplinary action. In compliance with applicable
federal and state laws, we shall notify you and any applicable
regulatory agencies in the event that we learn of an information security
breach with respect to your personal information. You will be
notified via e-mail in the event of such a breach. Please be advised
that notice may be delayed in order to address the needs of law
enforcement, determine the scope of network damage, and to engage in
remedial measures.
CONTACT US
For questions
regarding this Privacy Policy, or for more information on our
privacy practices, please contact us at:
info@bartonrealtygroup.com
Barton Realty Group, Inc. LLC
202 Camp Craft Rd. Austin, TX 78746 USA
REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE
We
reserve the right, in our sole discretion, to change, modify, add and/or
remove portions of this Privacy Policy at any time. All Privacy
Policy changes will take effect immediately upon their posting on the
Website. Please check the Website periodically for any changes. Your
continued use of the Website and/or acceptance of our e-mail
communications following the posting of changes to this Privacy Policy
will constitute your acceptance of any and all changes.
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