LAST UPDATED: December 11, 2023
“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:
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, we may not be able to provide you with the Services you requested.
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 interest.
We will provide personalized services based on our legitimate interests, and with your consent to the extent required by applicable law.
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 promote our legitimate interests.
We may disclose all Personal Information categories identified in the “Personal Information” section above to the following groups:
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:
“Other Information” is any information that does not reveal your specific identity. The Services may collect Other Information, including:
We and our service providers may collect Other Information in a variety of ways, including:
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.
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.
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.
State consumer privacy laws may provide their residents with additional rights regarding our use of Personal Information. The following section applies to individuals who reside in specific jurisdictions that provide additional privacy rights, including California, Colorado, Connecticut, and Virginia.
Right to Access Specific Information and Data Portability Right. You have the right to request that we disclose certain information to you about our collection and use of Personal Information over the past twelve (12) months. Once we receive and confirm your verifiable consumer request, we will disclose to you:
Right to Correct Information. You have the right to request we update Personal Information about you that is incorrect in our systems.
Right to Delete. You have the right to request that we delete any Personal Information about you that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) the Personal Information from our records, unless an exception applies.
Right to Opt-out of the sale of Personal Information or sharing of Personal Information for Cross-Contextual Behavioral Advertising. To opt-out of personal information sales or sharing, send an email to DSAR-KW@kw.com. Please clearly state in the subject line or the body of the email that you are requesting that we do not sell or share your Personal Information.
Right to Limit Sensitive Personal Information Use. You have the right to limit the use of sensitive Personal Information regarding you.
Non-Discrimination. We will not discriminate against you for exercising any of your 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, street address, city, state, 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.
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 60 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 registered with an applicable Secretary of State 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.
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 forty-five (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.
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 are providing your express written consent to receive calls or text messages from us even if you are registered on the National Do Not Call Registry or a state Do Not Call list, to receive calls or text messages from an automated system or automated telephone dialing system, and to receive artificial or pre-recorded voice messages. Your carrier’s standard rates and charges may apply. We are not responsible for such charges.
No Purchase Necessary. You do not need to provide consent in order to make a purchase from us.
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 email@example.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 thirty (30) days for us to process such changes or opt-out requests.
It is possible that our independently owned and operated market centers and their real estate agents may have your contact information 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 one of our market centers or their real estate agents, you must contact them directly. We are not responsible for unwanted communications from our market centers and their real estate agents.
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:
In addition, we are not responsible for the information collection, use, disclosure or security policies or practices of other organizations, such as 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.
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 firstname.lastname@example.org if you believe we collected Personal Information from an individual under the age of sixteen (16).
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 refer 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 and 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 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://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en.
Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., 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 or trade union membership) on or through the Services or otherwise to us.
1221 S. MoPac Expressway, Suite 400
Austin, TX 78746 USA
Because email communications are not always secure, please do not include your social security number, bank account number, credit card number or other sensitive information in your emails to us.
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.