Privacy Policy

PRIVACY STATEMENT

This privacy policy established by NYStateMLS.com was created in order to explain to you how your information is protected, collected and used, which may be updated by NYStateMLS from time to time. NYStateMLS will provide notice of materially significant changes to this privacy policy by posting notice on the NYStateMLS site.

This privacy statement covers the website http://www.NYStateMLS.com. By accessing, using or registering with NYStateMLS’s web site, you accept and agree to NYStateMLS’s Privacy Policy. NYStateMLS provides a variety of online services for real estate professionals. NYStateMLS values your privacy, feedback and candor very highly. Any user information we collect is considered private and we do not use it or share it except as permitted herein, without the user's permission. We use this personal information at NYStateMLS to provide the best quality service possible. The following privacy statement summarizes NYStateMLS's protection and use of any personal information provided by visitors to the NYStateMLS site.

This policy does not apply to any public area of NYStateMLS's web site or services. In the event you submit personally identifiable information to contact another member, contact an agent/broker about a listing, create a listing, add a contact on a listing, or do any other similar action, such information becomes publicly available and NYStateMLS is not responsible for the personally identifiable information you choose to submit to these services, forums, listings, or persons.

INFORMATION COLLECTED BY NYSTATEMLS

NYStateMLS collects user information from several areas of the NYStateMLS site including the “Become a Member” area (where NYStateMLS collects each user's name, street address, telephone number, email address, and self-selected primary role in real estate); products; business services; the adding and editing of property listings; the adding and editing of member profiles; email forms; and any surveys, contests and information that NYStateMLS may sponsor or you volunteer. NYStateMLS collects individual user search activity for statistical, archival, and business purposes. NYStateMLS collects financial information (such as billing address, credit card number, expiration date) for billing payment and credit card authorization purposes. NYStateMLS may track the IP address of a user's computer or place a "cookie" in the browser files of a user's computer. This is required by NYStateMLS services to provide automated features. We may collect personal information if you provide it in feedback or comments, or if you contact us directly. Please do not post any personal information on NYStateMLS forums or classifieds that you expect to keep private.

Use of Information Collected BY NYSTATEMLS

Collected information helps NYStateMLS better understand its users' needs in order to improve its product and service offerings. Email addresses are used to communicate with members. Personal information may be used to contact users for the purpose of research, product development, marketing, or customer service, if the user has opted to receive such communication. User search activity is collected and analyzed and may be utilized by NYStateMLS in the aggregate or in the abstract for a variety of business purposes. Financial information is used to bill users for products and services purchased. Within NYStateMLS, only accounting managers have access to the credit card account information. This information is not shared with anyone outside of NYStateMLS. IP address and cookie log data is analyzed to better understand traffic flows and user preferences.

INFORMATION STORED BY NYSTATEMLS

All listed listingsposted are stored in our database, even after "deletion," and may be archived elsewhere. Our web logs and other records are stored indefinitely. Registered members can access and update their account information through the account login on our homepage. Although we make good faith efforts to store the information in a secure operating environment that is not available to the public, we cannot guarantee complete security.

Archiving and display of NYStateMLs postings by search engines and other sites

Search engines and other sites not affiliated with NYStateMLS - including archive.org, google.com, and groups.yahoo.com - archive or otherwise make available NYStateMLS information

USE OF E-MAIL TOOLS

You may not use the e-mail information provided by the NYStateMLS service (for contacting brokers, agents, other NYStateMLS members) or other email services that NYStateMLS offers to send spam (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms of Usethis Privacy Policy. We do not rent or sell these email addresses.

Circumstances in which NYStateMLS may release information

NYStateMLS may disclose information about its users if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process. NYStateMLS may also disclose information about its users to law enforcement officers or others, in the good faith belief that such disclosure is reasonably necessary to: enforce our Terms of Use; respond to claims that any posting or other content violates the rights of third-parties; or protect the rights, property, or personal safety of NYStateMLS, its users or the general public.

Shared information

Though NYStateMLS makes every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have good faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on our Web site.

NYStateMLS shares member information in the following areas on the site: Listing Service, E-mail and Member Directory. When a member enters a sale or lease listing in the Listing Service, listing contact information is also entered. During this process, the listing submitter is able to view other members' contact information when he adds another contact beside himself to the listing. In addition, members searching NYStateMLS can view contact information (name, email and phone number) when they view a property listing profile. NYStateMLS allows users to share contact information with one another via its e-mail information Information Service. Unless required by law as detailed in this section or a user specifically takes action as discussed in this paragraph, NYStateMLS does not share individual user search activity information and such activity information remains private to the individual user and to NYStateMLS. Member profile users agree to share their contact information and allow all NYStateMLS users to view their contact information via the NYStateMLS Member Directory or via links made available to users on a listing or in an email.

NYStateMLS shares information with its partners for the purpose of providing related services in which we deem our users have interest. The use that NYStateMLS's partners make of customer information will not exceed NYStateMLS's use of the data. Key billing information (such as credit card number, expiration date and dollar amount) gathered from users making online purchases of products or services is shared with PayPal, our credit card processing partner, in order to authorize charges to the credit card. NYStateMLS also uses third party providers to perform email and postal mailings on behalf of NYStateMLS, but this information (such as name, address and email) is confidential and is not used by the provider for any other purpose.

NYStateMLS does not rent or lease user information to any third party, except as disclosed here. From time to time, NYStateMLS may obtain information (such as electronic mail addresses) from third party providers. It is our goal to only contact individuals who we believe may have a legitimate business interest in NYStateMLS based on their membership or participation in other organizations or web sites, and who have indicated a willingness to be contacted for this purpose. While NYStateMLS endeavors to work with other sites and companies with a similar respect for user privacy, NYStateMLS cannot be responsible for the privacy practices of other sites.

Please be aware that in the event NYStateMLS merges with a third party, or in the event all or substantially all of NYStateMLS's assets are acquired by a third party, customer information, including personally identifiable information, will be shared and/or transferred to such third party. The information may only be used or shared by such third parties for the primary purpose for which the information was originally collected. If such third parties, or if NYStateMLS for its own business needs, desire to use the personally identifiable information for another purpose, you will be notified prior to the information being used for a new purpose, and you will have the opportunity to opt out of such new use of your personally identifiable information.

Security of personal information

NYStateMLS's clients and their personal information are considered to be NYStateMLS's greatest asset and thus their privacy is treated with the utmost regard and respect. NYStateMLS takes every reasonable precaution to secure personal information within both its computers and its physical premises.

The security of your personal information is important to NYStateMLS. When you enter sensitive information (such as a credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). [To learn more about SSL, follow this link http://www.verisign.com].

We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use acceptable means to protect your personal information, we cannot guarantee its absolute security.

If you have any questions about security on our Web site, you can email us at customerservice@nystatemls.com

Cookies

Cookies are used on this site. A cookie is a small text file that is stored on a user's computer for record-keeping purposes.

We use both session cookies and persistent cookies. We use session cookies to make it easier for you to use our site and to enable certain specialized functionality that requires maintaining information about your session. A session cookie is not stored on your hard disk and expires when you close your browser. A persistent cookie remains on your hard disk for an extended period of time. You can remove persistent cookies by following the directions in your Internet browser's "help" files.

If you select the "Remember Me" function on the web site, we will store a persistent cookie on your hard drive which allows you to bypass the login requirement each time you access the site. Additionally, we use a persistent cookie to enable us to track and target the interests of our users to enhance the experience on our site.

We do not store in persistent cookies any personally identifiable information you submit while on our site.

Due to the functionality provided by our site, the use of cookies is required. If you reject cookies, our site will not perform properly.

Third-Party Advertising Companies

We use third-party advertising companies to serve ads when you visit our Web site. The third-party advertising technology that we use on this Web site uses information derived from your visits to this site to target advertising within this site. In addition, our advertisers may use other third-party advertising technology to target advertising on this site and other sites. In the course of advertisements being served to you, a unique third-party cookie or cookies may be placed in your browser. In addition, we may use Web beacons, provided by third-party advertising companies, to help manage and optimize our online advertising. Web beacons enable us to recognize a browser's cookie when a browser visits this site, and to learn which banner ads bring users to our Web site.

Testimonials

We post customer testimonials on our web site, which may contain personally identifiable information such as the customer's name. We do obtain the customer's consent to post their name along with their testimonial prior to any posting of such testimonial.

Opting-out, editing, updating or deleting personal information

NYStateMLS utilizes email as a vital and primary communication channel with registered users and customers. As a registered user/customer, you hereby acknowledge and grant NYStateMLS the permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes NYStateMLS determines to be relevant including, but not limited to, system messages, product updates, service announcements and other messages.  Under no circumstances will NYStateMLS have any liability for sending any email to its registered users/customers.

We also send our users site and service announcement updates. Members are not able to un-subscribe from service announcements, which contain important information about service notices and responsibilities. NYStateMLS occasionally communicates with its users via email and phone to provide information about requested services and regarding issues related to their account. It is important to note that this communication is not used for marketing or promotional purposes. Requesting the deletion of certain types of user information may prevent users from accessing some web site features.

You may correct or update your personally identifiable information by making the change on your member profile page.

Subscriptions will automatically renew using the Customer's current credit card account number unless Customer cancels their subscription on the NYStateMLS Web site three (3) days prior to the renewal date to cancel such subscription. All cancellation requests will be processed within five (5) business days. Once the cancellation is processed, a confirmation email will be sent via the customer's email account on record with NYStateMLS. If Customer has a question about a cancellation, Customer should contact NYStateMLS’s customer service address at customerservice@nystatemls.com.  The Company reserves the right to change its fees or billing methods at any time. The Company will provide timely notice to the affected Customers of any such changes.

Changes to this Privacy Statement

If NYStateMLS decides to change its privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it.

NYStateMLS reserves the right to modify this privacy statement at any time, so please review it frequently. If NYStateMLS makes material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.

Last Updated: September 10, 2009