Last updated April 28, 2023
- This means www.miamirealtors.com, www.southfloridaopenhousesearh.com, and any and all other websites, applications, multiple listing service, services, and/or platforms operated by MIAMI both now and at any time in the future.
- Personal Data. While using our Websites, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify. This may include but is not limited to: email address; first name and last name; telephone numbers; fax numbers; personal address (street, state, province, state, zip or postal code, city, country); firm affiliation; titles; and, real estate license number.
- Usage Data. We may also collect information how our Websites access and use data. Usage Data is data collected automatically either generated by the use of the Websites or from the Websites infrastructure itself. This Usage Data may include information such as your computer’s internet protocol address (e.g. IP address), browser type, browser version, the pages of our Websites that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
- Data Processors or Service Providers. Any natural or legal person who processes the data on behalf of the Data Controller. WE may use the services of various Service Providers in order to process your data more effectively.
- Data Subject or User. This is any living individual who is using our Websites and is the subject of Personal Data.
TYPES OF INFORMATION WE COLLECT AND USE
We collect various types of information for different purposes to provide and improve our Websites for you (collectively, “data”). This includes:
- Personal Data.
- Cookies Data.
- Usage Data.
CHOICE / OPT-OUT
We may use your Personal Data to contact you with newsletters, marketing, or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us at email@example.com. By being a member of MIAMI, and by paying your dues, you are agreeing to the terms and conditions of the then-current Membership Agreement, which fully explains your rights, responsibilities, and consents given to receive all forms of communications, electronic and otherwise.
SITE AND SERVICE UPDATES
Some types of email correspondence do not have opt-out capabilities if you’re a MIAMI member, such as the occasional notice of a major breaking news event to Florida licensees, members’ dues invoices, and other website and service announcements from MIAMI and third-parties.
OTHER CONTACT INFORMATION
MIAMI does not share, sell, or trade email addresses, other than as outlined in the then-current version of the Membership Agreement. Remember that your Personal Data may be accessed or collected by the public through the Florida Department of Business Regulation (“DBPR”), through the “Find a REALTOR®” portal on MIAMI’s Websites, membership directories like www.nar.realtor, or on other public third-party websites. MIAMI may use your email address to send you information and may provide you with online informational or marketing messages that have been approved by MIAMI together with other communications to which you have subscribed, all in accordance with the terms of the then-current Membership Agreement.
COOKIES AND SIMILAR TECHNOLOGIES
Sometimes our Websites request information from users, like you, via surveys. Participation in these surveys is voluntary, and you may choose not to disclose this information simply by not taking the survey. A survey could ask for information such as a name and address, as well as demographic information, your opinions, and more. Information collected in surveys may be used in news releases, presentations, Promotions, and distributed to the news media.
Sometimes our Websites request information from users, like you, via Promotions, as fully defined and explained in the “Terms and Conditions of MIAMI REALTORS®’ Promotions.” Participation in these Promotions is voluntary. Information collected in surveys may be used in news releases, presentations, and distributed to the news media.
You must be a member of MIAMI to access certain areas of MIAMI’s Websites.
We may use third-party Service Providers to monitor and analyze the use of our Websites.
USE OF DATA
MIAMI uses the collected data to:
- Enhance and customize our Websites.
- Notify you of updates to our Websites.
- Enable you to participate in interactive features of our Websites when you choose to do so.
- Provide customer support.
- Gather analysis or valuable information to improve our Websites.
- Track usage of our Websites.
- Detect, prevent, and address technical issues.
- Provide you with news, special offers, and general information about other goods, services and events which we offer that are similar to those that you have already shown an interest in or purchased.
- Allow MIAMI’s vendors to notify you of MIAMI-approved promotions.
- Allow exhibitors at MIAMI’s trade shows to contact you through marketing vehicles approved by MIAMI.
- Allow other vendors to contact you and other members through marketing vehicles approved by NATIONAL ASSOCIATION OF REALTORS®.
- Enable you to participate in promotions or contests on our Websites that are sponsored by MIAMI or third-parties. Data, including your Personal Data, may be shared with the third-party sponsor of such a promotion. If information will be shared with a sponsor in connection with a promotion or contest, you will be notified prior to your participation in the promotion or contest so that you can decide not to participate.
DISCLOSURE OF DATA
In certain circumstances, MIAMI may be obligated to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities, including a government agency. MIAMI may disclose your Personal Data in the good faith belief that such action is necessary for reasons including, without limitation: to comply with a legal obligation; to protect and defend the rights or property of MIAMI; to prevent or investigate possible wrongdoing in connection with the Websites; to protect the personal safety of users of the Websites or the public; and/or to protect against legal liability.
LEGAL BASIS FOR PROCESSING PERSONAL DATA UNDER GENERAL DATA PROTECTION REGULATION (GDPR), LEI GERAL DE PROTEÇÃO DE DADOS PESSOAIS (LGPD), AND COMMISSION NATIONALE INFORMATIQUE & LIBERTÉS (CNIL)
- The data processing is necessary for the performance of a contract in which you are a participant, or it is necessary in order to take steps requested by you prior to entering a contract (for example, MIAMI’s Membership Agreement);
- You have given us permission to do so for one or more specific purposes;
- The processing is necessary for fulfilling a legal obligation to which Data Controller is a subject;
- The processing is necessary for performing a task carried out in the interest or protection of the public or as contained under the official authority given to the Data Controller;
- The processing is necessary for the legitimate interests of the Data Controller or a third party, except where overridden by your interests, rights, and freedoms;
- For payment processing purposes; and/or,
- To otherwise comply with the law.
TRANSFER OF DATA
The security of your data is important to us, but no method of transmission over the internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect data, including your Personal Data, we cannot guarantee its absolute security.
We may employ third party companies and individuals to facilitate our Websites (“Service Providers”), to provide the Websites on our behalf, to perform service-related services, or to assist us in analyzing how our Websites are used. These third parties have access to your Personal Data to perform these tasks on our behalf.
We may provide paid products and/or services within the Websites. In that case, we use third-party services for payment processing, like payment processors. We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their respective privacy policies.
Our Websites may link to third-party websites from companies other than MIAMI, such as to relevant online resources, our partners’ websites, and other third-party websites. We are not responsible for the privacy practices or content of such other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly. We are not responsible for the actions of third parties.
Some browsers have a “Do Not Track” feature that allows you to communicate to websites that you do not want to have your online activities tracked. Our system does not respond to Do Not Track requests or headers from some or all browsers at this time.
Our Websites do not address anyone under the age of 18 (“Children”). We do not knowingly collect personally identifiable information, or Personal Data, from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.
CALIFORNIA CONSUMER PRIVACY ACT (CCPA/CPRA)
California Notice at Collection
MIAMI may collect the following categories of data about users:
- Identifiers such as real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
- Additional personal information described in Cal. Civ. Code Section 1798.80 such as signature, physical characteristics or description, telephone number, and/or any other financial information.
- Commercial information, such as records of personal or real property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
- Internet or other electronic network activity information, such as browsing history, search history, and information regarding a consumer’s interaction with an internet website or mobile application, or advertisement.
- Geolocation data.
- Professional or license-related information.
MIAMI may have collected personal information about you form the following categories of sources:
- Directly from you.
- From your use of the Websites.
- Information we receive from third-party sites you connect to our Websites.
- Other companies, such as our service providers and vendors.
- Government entities and records.
Business and Commercial Purposes for Use
MIAMI uses Personal Data for the following business and commercial purposes: to provide products and services; for product research and development; for marketing and promotions; authentication; integrity, safety, and security; to communicate with you; and, for legal reasons. MIAMI may permit advertising and analytics services that are intended to deliver advertising to you and/or analyze your interactions, based on your interactions with our Websites or applications, which may constitute a “sale” or “sharing” of data under California law. See “California & Other U.S. State Privacy Rights” for more information regarding your right to opt-out.
We retain Personal Data to achieve the purposes for which the personal information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax or audit purposes, or for other purposes permitted under law.
CALIFORNIA & OTHER U.S. STATE PRIVACY RIGHTS
“Sale” or “Sharing” of Personal Data
Categories of Personal Information Disclosed to Third Parties
We share all the categories of personal information that we collect for the purposes listed herein.
CCPA Rights of California Residents
Under some U.S. state laws, including the California Consumer Privacy Act of 2018 (as amended by the California Consumer Privacy Rights Act) (CCPA), residents may have a right to:
- Right to Know: The right to know what personal information we have collected about you, including the categories of personal information, the categories of sources form which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing such personal information, the categories of third parties to whom we have disclosed personal information, and the specific pieces of personal information that we have collected about you.
- Right to Delete: Subject to certain exceptions, the right to delete personal information that we have collected from you.
- Right to Correct Inaccurate Personal Information: The right to correct inaccurate personal information that we maintain about you.
- Right to Opt-Out of Sale or Share: The right to opt-out of the sale or sharing of your personal information by us.
- Right to Limit Disclosure of Sensitive Personal Information: We use sensitive personal information, if at all, for the limited purposes set forth below: (1) performing our service or providing goods; (2) detecting security incidents; (3) resisting malicious, deceptive, fraudulent, or illegal actions; (4) ensuring physical safety; (5) or short-term transient use, including certain non-personalized advertising, (6) maintaining or servicing accounts, providing customer service, verifying customer information, or providing similar services; (7) to verify and maintain the quality or safety of a service or product to improve, upgrade, or enhance a service or product; and, (8) with your consent. As such, there is no right to limit our use of sensitive personal information.
- Right to Not Receive Discriminatory Treatment: You have the right to not receive discriminatory treatment by us for the exercise of any of the rights conferred by the CCPA in this section.
- How to Exercise Your CCPA Rights: You can exercise any of your CCPA rights described in the previous section, or designate an authorized agent to submit requests on your behalf, by emailing MIAMI at firstname.lastname@example.org.
- Appeal a Denial of Your Request: Some states provide additional rights to their residents. If we decline to process your request, you may have the right to appeal our decision. You may do so by replying directly to our denial or emailing email@example.com.
These rights are not absolute, are subject to exceptions and limitations, and may not be afforded to residents of all states. In certain cases, we may decline requests to exercise these rights where permitted by law. We will need to verify your identity to process your access, deletion, and correction requests and reserve the right to confirm your state residency. To verify your identity, we may require you to give a declaration as to your identity under penalty of perjury, and/or provide additional information, such as providing at least two pieces of personal information relating to your account (which will be compared to information we have, such as profile information) or as we otherwise may already have in our possession, such as your email address and phone number. We will verify your consumer request by comparing the information you provide to information already in our possession, and take additional steps to minimize the risk of fraud. You may designate an authorized agent to submit your verified consumer request by providing written permission and verifying your identity, or through proof of power of attorney.
MIAMI Association of REALTORS®, Inc.
700 S. Royal Poinciana Blvd., Suite 400
Miami, FL 33166