Privacy Policy

 

Last updated December 12, 2023

 

Our Contract (E-SIGN)

 

You are entering a binding contract with Real Geeks LLC, the real estate

brokers and agents who use the website www.njjoe.com and their parents,

subsidiaries and affiliates (the "Company," "us," "we" and "our"). By (1) using

this website, www.njjoe.com ("browsewrap"), and (2) by submitting your

information and clicking to agree to this Privacy Policy ("clickwrap") and

creating a user profile, you agree that you are giving your express written

consent to all the terms below, as well as our Terms of Use. You agree that

your doing so constitutes your electronic signature, and is equivalent to a

written signature. You may choose to receive this contract on paper by calling

us at (808) 261-0616 or emailing us at rglegalinquiries@realgeeks.com. You

may withdraw this consent by using the opt-out procedures described in the

"Our Communications With You" section below.

 

We are committed to protecting your privacy. This Privacy Policy defines the

Personal Information and Usage Information that we collect and describes

how that information is collected, used, and shared. We will never share, sell

or store any personal information with any third party. This Privacy Policy also

describes your choices regarding our use of that information, the steps we

take to protect your personal information and how you can review and correct

your personal information.

 

This Privacy Policy is in effect for any web page, mobile application, email list,

and information, including Personal Information, collected and/or owned by

us, regardless of the method of collection (e.g., mail, facsimile, email, sign-

up/sign-in page), including collection through any online features, services,

and/or programs we offer (collectively, the "Web Properties"). This Privacy

Policy is not applicable to any web page, mobile application, social media site,

or information, collected and/or owned by any entity other than us.

By accessing the Web Properties, you are consenting to the information

collection and use practices described in this Privacy Policy.

 

Your use of the Web Properties is also governed by the Terms of Use.

Our Communications With You (TCPA Consent for United States Residents)

Express Written Consent. By submitting your contact information, you are

providing your express written consent to receive communications from us at

the email address and telephone numbers you entered into our contact form,

or that you later provide to us or enter into your contact page.

E-mails, Calls, and Texts. These communications may include telemarketing

messages, through the use of email, landline phone, fax, cellular phone, and

text messages (including sms and mms).

 

Autodialing. We may use an automatic telephone dialing system (or "auto-

dialer"), which may employ an artificial or pre-recorded voice or "robotexts."

Your carrier's standard rates and charges may apply.

No Purchase Necessary. Agreeing to these communications is not a condition

of purchasing any property, goods, or services from us.

 

Revoking Consent and Opting Out. You may revoke your consent to receive

communications at any time by replying "stop" to any of our texts, or by any

other reasonable means. We will make a commercially reasonable effort to

comply with any communications from you opting out, but reply "stop" will

automatically revoke your consent to further text communications, and we

recommend that method. We may take up to 30 days to stop communications

if you use a method other than the automatic reply "stop." You consent to

receive a final text message confirming your opt-out. You may revoke your

consent to receive email communications by using the "unsubscribe" link in an

email or by any other reasonable means. We will make a commercially

reasonable effort to comply with any communications from you opting out of

email, but "unsubscribe" will automatically revoke your consent to further

email communications, and we recommend that method. We may take up to

30 days to stop email communications if you use a method other than

"unsubscribe".

 

Communication Frequency. How often we send you communications will

vary, because the real estate professional who communicates with you will

determine it.

 

Your consent here also serves as your express written consent to electronic

communications from us in the past.You represent and warrant that:

You are at least 18 years old

You live in the United States (or Canada, in which case the Canadian consents below

apply)

You have not registered on a national or statewide Do Not Call list

You are the account holder for the email addresses and phone numbers you

provided, or you have authorization from the account holder to give this consent

The email addresses and phone numbers you provided are accurate, and you will let

us know if you release them to another person or individual

Our mobile service is available only in certain states. Certain mobile features

may be incompatible with your carrier or mobile device. Contact your carrier

with questions regarding these issues.

Additional Communications Provisions (For Residents of Canada)

In addition to the consent provided above in the Our Communications With

You (United States) section, Canadian residents agree to the following

provisions related to compliance with Canada's Anti-Spam Legislation

("CASL"), Canada's Personal Information Protection and Electronic

Documents Act ("PIPEDA") and Canadian provincial law including Alberta'

Personal Information Protection Act ("PIPA"), and Quebec's Act Respecting

the Protect of Personal Information in the Private Sector:

You agree to the provisions governing use and disclosure of personal information

that are found in our Privacy Policy

Because the purpose of our communications include your interest in real estate

services, our communication with you will continue until you revoke your consent

or opt-out, which indicates you are no longer considering real estate services

Your personal information may also be transmitted to, used in, and stored in the

United States

 

Dispute Resolution - Arbitration Agreement (Mandatory Binding

Arbitration and Class Action Waiver)

 

READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A

SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE

AGAINST EACH OTHER ARE RESOLVED. For example, if we elect to require

you to arbitrate any claim, you will not have the right to a jury trial or the

right to participate in a class action in court or in arbitration.

Binding arbitration lets an independent third party resolve a Claim without

using the court system, judges, or juries. Either you or we may require the

submission of a Claim to binding arbitration at any reasonable time, even if

a lawsuit or other proceeding has begun. If either you or we don't submit to

binding arbitration following a lawful demand, the one who fails to so

submit bears all costs and expenses (including attorney's fees and

expenses) incurred by the other in compelling arbitration.

 

Neither you nor we will be entitled to:

 

Join, consolidate, or combine Claims by or against others in any arbitration; or

Include in any arbitration any Claims as a representative or member of a class; or

Act in any arbitration in the interest of the general public or in a private attorney

general capacity.

 

YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT AS

DESCRIBED BELOW.

 

If you do not reject this Arbitration Agreement and a

Claim is arbitrated, neither you nor we will have the right to: (1) have a

court or a jury decide the Claim; (2) engage in information-gathering

(discovery) to the same extent as in court; (3) participate in a class action,

private attorney general or other representative action in court or in

arbitration; or (4) join or consolidate a Claim with claims of any other

person. The right to appeal is more limited in arbitration than in court and

other rights in court may be unavailable or limited in arbitration.

This Arbitration Agreement describes when and how a Claim (as defined

below) arising under or related to the Terms of Use and Privacy Policy

between you and us may be arbitrated. Arbitration is a method of resolving

disputes in front of one or more neutral persons, instead of having a trial in

court in front of a judge and/or jury. If a claim is arbitrated, each party waives

its, his or her respective rights to a trial before a jury in connection with the

Claim. It can be a quicker and simpler way to resolve disputes. As solely used

in this Arbitration Agreement, the terms "we," "us" and "our" mean "us" as

defined above, our parent companies, wholly or majority owned subsidiaries,

affiliates, commonly-owned companies, management companies, successors,

assigns and any of their employees, officers and directors. For purposes of

this Arbitration Agreement, these terms also mean any third party providing

any goods or services in connection with the Terms of Use and Privacy Policy,

if such third party is named as a party by you in any lawsuit between you and

us.

 

a. Your Right to Reject Arbitration: You may reject this Agreement by mailing

a rejection notice to 4849 Greenville Ave, Suite 1495, Dallas, TX 75206, Attn.

Terms of Use and Privacy Policy Arbitration Rejection, within 30 days after

you agree to these terms of use. Any rejection notice must include your name,

address and telephone number; the date you agreed to the Terms of Use that

your rejection notice applies to; and your signature.

 

Your rejection notice will apply only to this Agreement in the Terms of Use and Privacy Policy,

but will not affect any term of any other contract between you and us (including

without limitation any prior or subsequent agreement), nor will it change your

obligation to arbitrate claims or matters covered by any prior or subsequent

agreement to arbitrate, including each agreement to arbitrate that arises

pursuant to the Terms of Use on the Company's website which is not the

subject of a valid rejection notice.

 

b. What Claims Are Covered: "Claim" means any claim, dispute or

controversy between you and us, whether preexisting, present or future, that

in any way arises from or relates to the Terms of Use or Privacy Policy, your

use of this website, your Account, any transaction in your Account, the events

leading up to the Terms of Use or Privacy Policy (for example, any

disclosures, advertisements, promotions or oral or written statements,

warranties or representations made by us), communications between you and

us and the manner of communicating, any product or service provided by us

or third parties in connection with the Terms of Use or Privacy Policy, the

collection of amounts due and the manner of collection, enforcement of any

and all of the obligations a party hereto may have to another party,

compliance with applicable laws and/or regulations (including but not limited to

the Telephone Consumer Protection Act), or the relationships resulting from

any of the foregoing. "Claim" has the broadest possible meaning, and includes

initial claims, counterclaims, cross-claims and third-party claims and federal,

state, local and administrative claims and claims which arose before the

effective date of this Arbitration Agreement. It includes disputes based upon

contract, tort, consumer rights, fraud and other intentional torts, constitution,

statute, regulation, ordinance, common law and equity and claims for money

damages and injunctive or declaratory relief.

 

However, "Claim" does not include: (i) any dispute or controversy about the

validity, enforceability, coverage or scope of this Arbitration Agreement or any

part thereof (including, without limitation, the Class Action Waiver set forth

below, subparts (A) and (B) of the part (k) set forth below titled "Rules of

Interpretation" and/or this sentence); all such disputes or controversies are for

a court and not an arbitrator to decide; but disputes about the validity or

enforceability of the Terms of Use or Privacy Policy as a whole are for the

arbitrator and not a court to decide; (ii) seeking and obtaining from a court of

competent jurisdiction (notwithstanding ongoing arbitration and without waiver

of rights under this Arbitration Agreement) provisional or ancillary remedies

including but not limited to injunctive relief, temporary restraining orders,

property preservation orders, foreclosure, sequestration, eviction, attachment,

replevin, garnishment, and/or the appointment of a receiver; (iii) the exercising

of any self-help or non-judicial remedies by you or us; (iv) any individual action

in court by one party that is limited to preventing the other party from using a

self-help remedy and that does not involve a request for damages or

monetary relief of any kind; or (v) any individual action brought by you against

us in small claims court or your state's equivalent court, if any. But if that

action is transferred, removed or appealed to a different court, we then have

the right to choose arbitration.

 

c. Electing Arbitration; Starting an Arbitration Proceeding: Either you or we

may elect to arbitrate a Claim by giving the other party written notice of the

intent to arbitrate the Claim or by filing a motion to compel arbitration of the

Claim. This notice may be given before or after a lawsuit has been filed

concerning the Claim or with respect to other Claims brought later in the

lawsuit, and it may be given by papers filed in the lawsuit, such as a motion to

compel arbitration. Each of the arbitration administrators listed below has

specific rules for starting an arbitration proceeding. Regardless of who elected

arbitration or how arbitration was elected, the party asserting the Claim (i.e.,

the party seeking money damages or other relief from a court or an arbitrator)

is responsible for starting the arbitration proceeding. Thus, if you assert a

Claim against us in court, and we elect to arbitrate that Claim by filing a

motion to compel arbitration which is granted by the court, you will be

responsible for starting the arbitration proceeding. Similarly, if we assert a

Claim against you in court, you assert a counterclaim against us, and we elect

to arbitrate that counterclaim by filing a motion to compel arbitration which is

granted by the court, you will be responsible for starting the arbitration

proceeding. Even if all parties have opted to litigate a Claim in court, you or

we may elect arbitration with respect to any Claim made by a new party or any

Claim later asserted by a party in that or any related or unrelated lawsuit

(including a Claim initially asserted on an individual basis but modified to be

asserted on a class, representative or multi-party basis). Nothing in that

litigation shall constitute a waiver of any rights under this Arbitration

Agreement.

 

d. Choosing the Administrator: The party starting the arbitration proceeding

must choose one of the following arbitration organizations as the

Administrator: the American Arbitration Association (the "AAA"), 120

Broadway, Floor 21, New York, N.Y 10271, www.adr.org., or JAMS, 1920

Main St. Ste. 300, Irvine, CA 92614, www.jamsadr.com. You may contact

these organizations directly if you have any questions about the way they

conduct arbitrations or want to obtain a copy of their rules and forms

(which are also available on their websites). A single arbitrator shall be appointed.

If for any reason the Administrator selected is unable or unwilling to serve or

continue to serve as Administrator, the other company will serve as

Administrator. If neither the AAA nor JAMS is able or willing to serve as

Administrator, we and you will mutually agree upon an Administrator or

arbitrator or a court with jurisdiction will appoint the Administrator or arbitrator

(or arbitrators, in the case of a three-arbitrator panel provided for in Section

"j", below). No company may serve as Administrator, without the consent of all

parties, if it adopts or has in place any formal or informal policy that is

inconsistent with and purports to override the terms of the Class Action

Waiver in section (e) of this Arbitration Agreement. In all cases, the

arbitrator(s) must be a lawyer with more than 10 years of experience or a

retired judge. Arbitration of a Claim must comply with this Arbitration

Agreement and, to the extent not inconsistent or in conflict with this Arbitration

Agreement, the applicable rules of the arbitration Administrator.

 

e. Class Action Waiver: Notwithstanding any other provision of the Terms of

Use or Privacy Policy, if either you or we elect to arbitrate a Claim, neither you

nor we will have the right: (a) to participate in a class action, private attorney

general action or other representative action in court or in arbitration, either as

a class representative or class member; or (b) to join or consolidate Claims

with claims of any other persons. No arbitrator shall have authority to conduct

any arbitration in violation of this provision or to issue any relief that applies to

any person or entity other than you and/or us individually. (Provided, however,

that the Class Action Waiver does not apply to any lawsuit or administrative

proceeding filed against us by a state or federal government agency even

when such agency is seeking relief on behalf of a class of borrowers including

you. This means that we will not have the right to compel arbitration of any

claim brought by such an agency).

 

f. Location of Arbitration: Any arbitration hearing that you attend must take

place at a location reasonably convenient to your residence.

 

g. Cost of Arbitration: Each Administrator charges fees to administer an

arbitration proceeding and the arbitrator also charges fees. This includes fees

not charged by a court. At your written request, we will pay all filing, hearing

and/or other fees charged by the Administrator and arbitrator to you for

Claim(s) asserted by you in an individual arbitration after you have paid an

amount equivalent to the fee, if any, for filing such Claim(s) in state or federal

court (whichever is less) in the judicial district in which you reside.

(If you have already paid a filing fee for asserting the Claim(s) in court,

you will not be required to pay that amount again).

In addition, the administrator may have a procedure whereby you can seek

a waiver of fees charged to you by the Administrator and arbitrator.

 

We will always pay any fees or expenses that we

are required to pay by law or the Administrator's rules or that we are required

to pay for this Arbitration Agreement to be enforced. With respect to Claim(s)

asserted by you in an individual arbitration, we will pay your reasonable

attorney, witness and expert fees and costs if and to the extent you prevail, if

applicable law requires us to or if we must bear such fees and costs in order

for this Arbitration Agreement to be enforced. We will not ask you to pay or

reimburse us for any fees we pay the Administrator or the arbitrator or for our

attorneys' fees and costs unless (1) the arbitrator finds that you have acted in

bad faith (as measured by the standards set forth in Federal Rule of Civil

Procedure 11(b)), and (2) this power does not make this Arbitration

Agreement invalid. At the timely request of either party, the arbitrator must

provide a brief written explanation of the basis for the award.

 

h. Governing Law: The Terms of Use or Privacy Policy evidences a

transaction involving interstate commerce and, therefore, this Arbitration

Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

(the "FAA"), and not by any state arbitration law. The arbitrator will not be

bound by judicial rules of procedure and evidence that would apply in a court,

or by state or local laws that relate to arbitration proceedings. The arbitrator

will apply the same statutes of limitation and privileges that a court would

apply if the matter were pending in court. The arbitrator will have the authority

to hear and rule on appropriate dispositive motions for judgment on the

pleadings, for failure to state a claim, or for full or partial summary judgment.

All parties (the AAA/JAMS, the arbitrators, you and we) must, to the extent

feasible, take any action necessary to ensure that an arbitration proceeding,

as described in this Arbitration Agreement, is completed within 180 days of

filing the Claim with the AAA or JAMS. This provision will be liberally

construed to ensure the enforcement of this Arbitration Agreement. In

determining liability or awarding damages or other relief, the arbitrator will

follow the applicable substantive law, consistent with the FAA that would apply

if the matter had been brought in court. The arbitrator may award any

damages or other relief or remedies that would apply under applicable law to

an individual action brought in court, including, without limitation, punitive

damages (which shall be governed by the Constitutional standards employed

by the courts) and injunctive, equitable and declaratory relief (but only in favor

of the individual party seeking relief and only to the extent necessary to

provide relief warranted by that party's individual claim). The arbitrator will

have the authority to award fees and costs of attorneys, witnesses and experts

to the extent permitted by the Terms of Use or Privacy Policy, the

Administrator's rules or applicable law.

 

i. Right to Discovery: In addition to the parties' rights to obtain discovery

pursuant to the arbitration rules of the Administrator, either party may submit a

written request to the arbitrator to expand the scope of discovery normally

allowable under the arbitration rules of the Administrator. The arbitrator shall

have discretion to grant or deny that request.

 

j. Arbitration Result and Right of Appeal: Judgment upon the award given by

the arbitrator may be entered in any court having jurisdiction. The arbitrator's

decision is final and binding, except for any right of appeal provided by the

FAA. The arbitrator's authority shall be limited to deciding the case submitted

by the parties to the arbitration. Therefore, no decision by any arbitrator shall

serve as precedent in other arbitrations except in a dispute between the same

parties, in which case it could be used to preclude the same claim from being

re-arbitrated. If the amount of the Claim exceeds $25,000, any party can,

within 30 days after the entry of the award by the arbitrator, appeal the award

to a three-arbitrator panel administered by the Administrator. (If an appeal is

not filed within that time period, the arbitration award shall become final and

binding). The panel shall reconsider de novo (anew) any aspect of the initial

award requested by the appealing party. This means that they shall reach

their own findings of fact and conclusions of law rather than deferring in any

manner to the original arbitrator. The decision of the panel shall be by majority

vote. Reference in this Arbitration Agreement to "the arbitrator" shall mean the

panel if an appeal of the arbitrator's decision has been taken. The costs of

such an appeal will be borne in accordance with subparagraph (g) above,

captioned "Cost of Arbitration." Any final decision of the appeal panel is

subject to judicial review only as provided under the FAA.

 

k. Rules of Interpretation: This Arbitration Agreement shall survive the

termination, cancellation or suspension of the Terms of Use or Privacy Policy,

any legal proceeding, and any bankruptcy by you, to the extent consistent with

applicable bankruptcy law. In the event of a conflict or inconsistency between

this Arbitration Agreement, on the one hand, and the applicable arbitration

rules or the other provisions of the Terms of Use or Privacy Policy, on the

other hand, this Arbitration Agreement shall govern. If any portion of this

Arbitration Agreement is deemed invalid or unenforceable, it shall not

invalidate the Terms of Use or Privacy Policy or the remaining portions of this

Arbitration Agreement, except that:(A) The parties acknowledge that the Class Action

Waiver is material and essential to the arbitration of any disputes between

them and is non-severable from this Arbitration Agreement. If the Class Action

Waiver is limited, voided or found unenforceable, then this Arbitration

Agreement (except for this sentence) shall be

null and void with respect to such proceeding, subject to the right to appeal

the limitation or invalidation of the Class Action Waiver. The parties

acknowledge and agree that under no circumstances will a class action be

arbitrated; and

(B) If a Claim is brought seeking public injunctive relief and a court determines

that the restrictions in the Class Action Waiver or elsewhere in this Arbitration

Agreement prohibiting the arbitrator from awarding relief on behalf of third

parties are unenforceable with respect to such Claim (and that determination

becomes final after all appeals have been exhausted), the

Claim for public injunctive relief will be determined in court and any individual

Claims seeking monetary relief will be arbitrated. In such a case the parties will

request that the court stay the Claim for public injunctive relief until the

arbitration award pertaining to individual relief has been

entered in court. In no event will a Claim for public injunctive relief be

arbitrated.

 

l. Notice of Claim; Right to Resolve; Special Payment: Prior to initiating,

joining or participating in any judicial or arbitration proceeding regarding any

Claim, the Claimant (the party who asserts or seeks to assert a Claim in a

lawsuit or arbitration proceeding) shall give the other party written notice of the

Claim (a "Claim Notice") and a reasonable opportunity, not less than 30 days,

to resolve the Claim. Any Claim Notice you send must include your name,

address, telephone number and loan or account number. Any Claim Notice

must explain the nature of the Claim and the relief that is demanded. You may

only submit a Claim Notice on your own behalf and not on behalf of any other

party. The Claimant must reasonably cooperate in providing any information

about the Claim that the other party reasonably requests. If: (i) you submit a

Claim Notice in accordance with this paragraph on your own behalf (and not

on behalf of any other party); (ii) we refuse to provide the relief you request

before an arbitrator is appointed; and (iii) an arbitrator subsequently

determines that you were entitled to such relief (or greater relief), the arbitrator

shall award you at least $7,500 (not including any arbitration fees and

attorneys' fees and costs to which you may be entitled under this Arbitration

Agreement or applicable law). We encourage you to address all Claims you

have in a single Claim Notice and/or a single arbitration.

Accordingly, this$7,500 minimum award is a single award that applies to all

Claims you have asserted or could have asserted in the arbitration, and multiple awards

of $7,500 are not contemplated by this Section.

 

Governing Law

 

We agree that the laws of the State of Texas, without regard to principles of

conflict of laws, will govern these Terms and Conditions of Use and/or any

dispute of any sort that might arise between you and the Company or its

affiliates, except for the Arbitration Agreement, which is governed by the

Federal Arbitration Act.

 

Your Consent to Future Changes

 

You agree that we may change the website, these Terms of Use, and our

Privacy Policy at any time. If we change the Terms of Use or some part of

them, they will become effective immediately on posting of the updated or

revised Privacy Policy on this web page regardless of whether or not you have

actual notice of the changes. You should review our Terms of Use and

Privacy Policy periodically for changes. Additionally, you agree that any use of

the website following our publication of any changes to these Terms of Use or

Privacy Policy will expressly reaffirm your express written consent to the

Terms of Use, and acceptance of the changes. Should you wish to opt-out of

such future changes, you must communicate your request to opt-out to us in

writing, either by email at rglegalinquiries@realgeeks.com or at this address:

Real Geeks LLC, 4849 Greenville Ave, Suite 1495, Dallas, TX 75206. The

opt-out shall be effective 10 days after receipt. In the event you opt-out, our

agreement will continue to be governed by the Terms of Use in effect at the

time you originally submitted your information, or at the time of the last update

to which you did not opt-out.

 

Types of Information Collected

 

The Company, and any third party we engage for the purpose of

administering, operating, hosting, configuring, designing, maintaining and

providing internal support for our Web Properties, may collect two types of

information when you visit the Web Properties: Personal Information and

Usage Information. Generally, you can visit the Company's websites without

entering any Personal Information. In certain cases, we may ask you for

personal information to provide a service or carry out a transaction that you

have requested.Personal Information: The types of information we collect may include,

among other things, the following categories of information (collectively,

"Personal Information"):

 

contact information (e.g., name, title, company/organization name, email address,

telephone and facsimile numbers, and physical address)

demographic information, such as date of birth, nationality and country of

residence, which allows us to determine your eligibility under certain regulations to

receive certain information

information about your company and job function

your email marketing preferences

inquiries about and orders for our products and services

event registration information

feedback from you about the Web Properties and our products and services

generally

financial information, such as bank account and credit/debit card numbers

photos or videos

other information specific to you

You are not required to provide any of this information, but if you choose not

to provide certain information, we may not be able to provide the requested

service or complete your transaction.

Usage Information: The types of usage information we collect may contain

generic information about your visit to the Web Properties, such as the

following categories of information (collectively, "Usage Information"):

Internet Protocol (or IP) address, protocol and sequence information

browser language and type

domain name system requests

operating system and platform, device type and device identifiers

hypertext transfer protocol headers, application client and server banners, and

operating system fingerprinting data

MAC address, device ID / UDID, or similar device - specific code

 

We do not link the above information to your identity or a user account for use

in connection with the Web Properties (your "User Account"), unless you enter

the site with a User Account or are logged into your User Account at the time

you visit the site.

 

On sites that you enter with a User Account, we may connect your browsing

history (including time spent at the Web Properties, time and date of your visit,

links you click), number of bytes transferred, the material and pages you

accessed, the number of clicks, and other actions taken at a Web Property (all

of which are also Usage Information) with your identity to determine your

potential interests in our products and services.

 

How Information Is Collected

 

We may collect Personal Information and Usage Information about you from

the following sources:

 

information we receive from you as a result of your use of our services

information we receive from you, or on your behalf, through forms you complete, or

through your communication to us (for example, an inquiry about a property, to

sign up for our mailing list, or to receive our mailings, newsletter or updates)

information we receive from you through the Web Properties, such as when

creating a User Account

information we receive from your computer or mobile device

information we receive from our partners or service providers

information we receive from other sources, as permitted by applicable laws, rules

and regulations

information we receive from you, even if we have not requested such information

and the information is not information that we normally collect

 

Usage Information: We may collect Usage Information from you as follows:

Cookies. From time to time, we may use "cookies" to keep track of your visit

and use of the Web Properties. Cookies are small files that websites save to

your hard disk or to your browser's memory. We may use them to track the

number of times you have visited the site, to track the number of visitors to the

site, to determine and analyze visitors' use of our sites (including the

effectiveness of online advertising), to store information that you provide such

as your preferences, and to store technical information useful for your

interactions with our websites. We may use session cookies (cookies that are

deleted when your browser session ends) to store your User Account,

elements of your user profile, to facilitate your movement around our websites

(particularly in connection with information searches and order placement)

and other information useful in administering the session. You have the ability

to accept or decline cookies. Most Internet browsers automatically accept

cookies, but you can usually modify your browser settings to decline cookies

or to notify you when a cookie is being placed on your computer. If you

choose to decline cookies, you may not fully be able to experience the

features of the Web Properties.

 

Managing Cookies.

 

If you wish to opt out of allowing certain cookies, you may do so by changing

your browser settings so that cookies from our website cannot be set. Please

note that if you delete, block, or otherwise restrict cookies, or use a different

computer or Internet browser, you will need to renew your cookie

management choices.

 

Most Internet browsers automatically accept cookies, but you can usually

modify your browser settings to decline cookies or to notify you when a cookie

is being placed on your computer. The methods for doing so vary from

browser to browser, and from version to version. You can however obtain up-

to-date information about blocking and deleting cookies via these links:

 

1. (a) https://support.google.com/chrome/answer/95647 (Chrome);

2. (b) https://support.mozilla.org/en-US/kb/enhanced-tracking-protection-firefox-

desktop (Firefox);

3. (c) https://help.opera.com/en/latest/security-and-privacy/ (Opera);

4. (d) https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-

delete-manage-cookies (Internet Explorer);

5. (e) https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-

data-sfri11471/mac (Safari); and

6. (f)https://support.microsoft.com/en-gb/help/4468242/microsoft-edge-browsing-

data-and-privacy (Edge).

 

Please note that this Cookie policy does not apply to, and we are not

responsible for, the privacy practices of third party websites which may be

linked to our websites.

 

Web Analytics and Web Session Recording Technologies: The Company

uses industry standard web analytics to track web visits.

We and third parties also use tools that enable us to track certain aspects of a

user's visit to our websites. These technologies help us better manage content

on our websites by informing us what content is effective, how consumers

engage with our websites, and how consumers arrive at and/or depart from

our websites. The software typically uses two methods to track user activity:

(1) "tracking pixels" and (2) "clear gifs." Tracking pixels are pieces of

executable code that are embedded in a web page that track usage activity

including which pages are viewed, when they are viewed, and how long the

pages are viewed. Clear gifs are tiny graphics with unique identifiers which

are embedded in web pages and email messages that track whether a user

views a web page or email message. User activity information may be

associated with additional information about a user's session and Personal

Information, if provided by the user.

 

To better assess and optimize our marketing activities, we may use a tool

called the “Metal Pixel” operated by Meta (formerly Facebook). Facebook is

able to determine the visitors of our online offers as a target group for the

presentation of advertisements (so-called “Facebook ads”). Accordingly, we

use the Meta pixel to display our Facebook ads only to Facebook users who

have shown an interest in our website or who have specific characteristics

that we submit to Facebook. Meta pixel allows us to ensure that Facebook

ads are in line with the potential interest of users. Meta pixel also allows us to

track the effectiveness of Facebook ads for statistical and market research

purposes by seeing whether users have been redirected to our website after

clicking on a Facebook ad.

 

The Meta pixel may be directly integrated into our website by Facebook and

can store a cookie on your device. If you then log in to Facebook or visit

Facebook when you are logged in, your visit to our online offer will be noted in

your profile. The data collected about you is anonymous for us, i. e. it does not

allow us to draw conclusions about the identity of the users. However, the

data is stored and processed by Facebook so that it can be linked to the

respective user profile and used by Facebook as well as for its own market

research and advertising purposes. If we transfer data to Facebook for

comparison purposes, it is encrypted locally in the browser and only then sent

to Facebook via a secure https connection. This is done with the sole purpose

of matching the data encrypted by Facebook.

For more information about Facebook's policies and practices, please see the

Facebook Data Usage Policy at: https://www.facebook.com/policy.php. For

specific information and details about the Facebook pixel and how it works,

visit the Facebook Help Center

at: https://www.facebook.com/business/help/651294705016616.

Your use of our website implies your consent to the use of Meta Pixel. You

may manage your preferences or opt out of data collection through Metal

Pixel by visiting and following the instructions on how to set up use-based

advertising at: https://www.facebook.com/settings?tab=ads.

We may use technologies for the following purposes across our websites:

We use developer tools that allow us to collect information that enables us to

diagnose and resolve bugs or user issues with our websites.

We also use services to monitor and improve our services by helping us better

understand our users experience (e.g. how much time they spend on which

pages, which links they choose to click, what users do and don't like, etc.) and

this enables us to build and maintain our service with user feedback.

These services use cookies and other technologies to collect data on our users'

behavior and their devices. This includes a device's IP address (processed

during your session and stored in a de-identified form), device screen size,

device type (unique device identifiers), browser information, geographic

location (country only), and the preferred language used to display our

website.

 

We may also use Google Analytics, an independent web analytics service

offered by Google that tracks and reports website traffic. Google uses the data

collected to track and monitor the use of our website. This data is shared with

other Google services. Google may use the collected data to contextualize

and personalize the ads of its own advertising network. For more information

about Google's policies and practices, please see Google's privacy policy

at https://www.google.com/intl/en/policies/privacy. You may opt out of the

aggregation and analysis of data collected about you on our website by

Google Analytics by downloading the Google Analytics opt-out browser add-

on, available at https://tools.google.com/dlpage/gaoptout. Please note that if

you opt out, analytics companies other than Google Analytics may continue to

aggregate and analyze data collected about you on our website.

We may also use Microsoft Clarity to monitor and improve our services.

Microsoft Clarity is a website analytics service that we use to track how users

interact with our website. The service collects data on user behavior, such as

clicks, scrolls, and navigation.

 

For more information about Microsoft Clarity's policies and practices, please

see Microsoft Clarity's privacy policy at https://privacy.microsoft.com/en-

us/privacystatement. You can deactivate Microsoft Clarity's services by

contacting us directly at rglegalinquiries@realgeeks.com.

We reserve the right to remove or add new analytic technologies.

Chat Bot Technology. We may also use third-party service providers to

provide chat services for our clients to communicate with us regarding your

account, payments, and other general questions you may have. As you

navigate our websites and use the chat systems with us, we attempt to protect

your privacy to the maximum extent possible. However, some of the

information that we receive through this website and your interactions with the

chat systems may be tracked, such as the date you communicate with us, the

last day you contacted us, and other messages, comments and conversations

made through the chat messages.

The chat system collects the information that you voluntarily type in the chat bot

when you initiate a query through the

chat system and respond to a query from the chat system. Additionally, when

you are using our chat system, it collects interactions that you have made into

the chat system while communicating with a customer service representative.

This data is used to understand your preferences, provide personalized

responses, and enhance the performance and functionality of the chat bot.

We may retain this information for a reasonable period unless you request its

deletion. You can maximize the benefits of your privacy partnership with us by

making informed decisions about whether to share personally identifiable

information with us through our website. Third party chat bot systems may

capture, record, or analyze your chat bot communications with us.

Through our chat bot services, we may use AI technology ("Bot") to power the

chat functionality which is intended to provide immediate responses to your

questions. While we have made every effort to ensure that the Bot provides

accurate and up-to-date information, please understand that it may not be

able to address more complex queries fully and sometimes, it might even give

a completely wrong answer.

 

The information provided by the Bot should not be solely relied upon for

making critical decisions or resolving complex issues. Users are responsible

for verifying and cross-referencing the information provided and should

exercise caution and judgment when relying on its responses.

Under no circumstances shall Real Geeks be liable for any direct, indirect,

special, incidental, or consequential damages arising out of or in connection

with the use of the chat bots on its websites. This includes, without limitation,

any damage, loss, or injury caused by error, omission, interruption, deletion,

defect, delay in operation or transmission, computer virus, communication line

failure, theft or destruction, or unauthorized access to, alteration of, or use of

the chat bot.

 

While we make efforts to ensure the availability and reliability of the chat bot,

there may be instances where it is unavailable or experiences technical

issues. Real Geeks shall not be held responsible for any inconvenience or

damages arising from such occurrences.

Web Beacons: Some of our web pages and electronic communications may

contain images, which may or may not be visible to you, known as Web

Beacons (sometimes referred to as 'clear gifs'). Web Beacons collect only

limited information that includes a cookie number; time and date of a page view;

and a description of the page on which the Web Beacon resides. We

may include web beacons in promotional email messages or Newsletters in

order to determine whether messages have been opened and acted upon.

Unique Identifier: We may assign you a unique internal identifier to help

keep track of your future visits. We use this information to gather aggregate

demographic information about our visitors, and we use it to personalize the

information you see on the Web Properties and some of the electronic

communications you receive from us. We keep this information for our internal

use, and this information is not shared with others.

 

Use of Collected Information

 

Information collected by us may be used for the following main purposes:

Web Properties Operation and Improvement: We may use your information

to (a) improve Web Properties and related products or services, or to make

the Web Properties easier to use (for example, by eliminating the need for you

to repeatedly enter the same information), (b) setting up and managing your

User Account, including processing your requests for information; (c)

providing support, products or services to you, and/or (d) customizing the Web

Properties to your particular preference or interests.

Services and Transactions: We and our third party service providers may use

your personal information to deliver services or carry out transactions you

have requested or in which you may be interested. Such services may include

enhancing email communications, text message communications, website or

app experiences in our products.

 

Communications: We may use your personal information gathered via the

Web Properties to inform you of products or services available from us, as you

agreed to and as described further above, and in our Terms of Use. We

and/or any of our third party service providers may send you information about

existing and new services, products, and special offers, by email, telephone,

mail or by means of any other contact details you provide to us or our

affiliates, or to such third party service providers. Data sharing excludes SMS

opt-in data and consent. In order to offer you a more consistent experience in

your interactions with us, information collected by our Web Properties may be

combined with information we collect by other means. Each advertising email

communication we send includes an unsubscribe link allowing you to stop

delivery of that type of communication. If you elect to unsubscribe, we will

remove you from the relevant list within 10 business days.

Employment Applications: In connection with a job application or inquiry, you

may provide us with information about yourself, such as a resume or

curriculum vitae. We may use this information throughout the Company and

its controlled subsidiaries and affiliates for the purpose of employment

consideration. We will keep the information for future consideration unless you

direct us not to do so.

 

This Privacy Policy is not intended to place any limits on what we can do with

information that is aggregated or de-identified so it is no longer associated

with an identifiable user of the Web Properties.

Disclosure of Your Information

 

Except as described below, the information you provide to the Company

through the Web Properties will not be shared outside of the Company

affiliates without your permission.

 

Disclosure to Service Providers and Customers. We may provide Personal

Information and Usage Information to our subsidiaries and other businesses

or persons for the purposes of processing such information on our behalf and

promoting the products and services of our trusted business partners. For

example, we may transfer Personal Information and other information about

you to a local real estate broker or participating lender where you have shown

an interest in residential properties. We require that these parties agree to

process such information in compliance with our Privacy Policy or in a similar,

industry-standard manner. These parties may store some or all of your

information on servers outside of the United States. The use of your

information by one of our trusted business partners may be subject to that

party's own privacy Policy.

 

Transfers of Information: We reserve the right to transfer your Personal

Information, as well as any information about or from you, in connection with

the merger, sale or other disposition of all or part of our business and/or

assets. We cannot make any representations regarding the use or transfer of

your Personal Information or other information that we may have in the event

of our bankruptcy, reorganization, insolvency, receivership, or an assignment

for the benefit of creditors. You expressly agree and consent to the use and/or

transfer of your Personal Information or other information in connection with a

sale or transfer of some or all of our assets in any of the above-described

proceedings. Furthermore, we are not and will not be responsible for any

breach of security by any third parties or for any actions of any third parties

that receive any of the information that is disclosed to us.

We may also disclose your Personal Information with your permission or as

directed by you.

Security

 

We are committed to protecting the security of your personal information. We

use technical, administrative and physical security measures designed to

protect your personal information from unauthorized access, use, or

disclosure.

 

You are ultimately responsible for ensuring the security of your username,

password and User Account information from unauthorized access, use or

disclosure to others. When using the Web Properties, you are not permitted to

circumvent the Web Properties' security features.

 

You agree to: (a) immediately notify us of any unauthorized use of your

username, password and/or User Account, and/or any other breach of

security; and (b) ensure that you log out from your User Account at the end of

each session. While we use technologies and procedures designed to protect

your confidential information and provide suitable security, please be aware

that no security measures are perfect or impenetrable. We do not and cannot

guarantee or warrant that any information transmitted through the Internet is

secure, or that such transmissions are free from delay, interruption,

interception or error.

 

Reviewing and Correcting Your Personal Information

 

You can make a request to review and correct your Personal Information

collected via the Web Properties by completing our Contact Us form or, if you

have a User Account, by accessing your User Account. We may take steps to

verify your identity before providing you access to your Personal Information.

You can help us to maintain the accuracy of your information by notifying us of

any change to your mailing address, phone number, or email address.

 

Deleting Your Personal Information

 

You can make a request to delete your Personal Information collected via the

Web Properties by following the link "Delete my Personal Information." We

may take steps to verify your identity before evaluating your request to delete.

By deleting your Personal Information, we may be unable to provide certain

services to you.

 

Children's Information

 

The Web Properties are not intended for or designed to attract children under

the age of thirteen (13). By using the Web Properties, you affirm that you are

more than eighteen (18) years of age, or an emancipated minor, or possess

parental or legal guardian consent, and are fully able and competent to enter

into the terms, conditions, obligations, affirmations, representations, and

warranties set forth in this Privacy Policy, and to abide by and comply with this

Privacy Policy.

 

Links to Other Sites

 

The Web Properties may now or in the future contain links to other sites such

as www.njjoe.com affiliates, professional organizations, and third party

businesses that advertise on the Web Properties. While we try to link only to

sites that share our high standards and respect for privacy, we are not

responsible for the content, security, or privacy practices employed by other

sites. Other than under agreements with certain reputable organizations and

companies (such as certain third party advertisers on the Web Properties),

and except for third party service providers (as described in this Privacy

Policy), we do not share any of the Personal Information that you provide to

us with any of the websites to which the Web Properties links, although we

may share aggregate, non-personally identifiable information with those other

third parties. Please check with those websites in order to determine their

privacy policies and your rights under them. Notwithstanding the above, the

Company's use of information received from Google APIs will adhere to

Google API Services User Data Policy, including the Limited Use

requirements.

 

International Users

 

If you are visiting us from outside the United States, please note that we may

collect, transfer, and continue to use your Personal Information outside of your

country and within the United States for any of the purposes described in this

Privacy Policy. By using the Web Properties and providing us with your

Personal Information, you consent to our collection, transfer, and continued

use of your Personal Information in accordance with this Privacy Policy.

 

Choices with Your Personal Information

 

Whether you submit any Personal Information to us is entirely up to you. You

are under no obligation to provide Personal Information. However, in the event

this information is essential for us to provide certain services to you, we will be

unable to provide you with those services if you choose to withhold requested

information.

 

You may choose to prevent us from disclosing or using your Personal

Information under certain circumstances ("opt out"). You may opt out of any

disclosure or use of your Personal Information for purposes that are

incompatible with the purpose(s) for which it was originally collected or for

which you subsequently gave authorization by notifying us by any reasonable

method. We will undertake reasonable efforts to notify third parties with whom

we have shared your Personal Information as permitted under this Privacy

Policy of your election to opt out. There are some uses from which you cannot

opt out, such as to provide products or services that you have requested from

us.

 

Your California Privacy Rights

 

Under California's "Shine the Light" law, California residents who provide

certain personally identifiable information in connection with obtaining

products or services for personal, family, or household use are entitled to

request and obtain from us (once a calendar year) information about the

customer information we shared (if any) with other businesses for their own

direct marketing uses. If applicable, this information would include the

categories of customer information and the names and addresses of those

businesses with which we shared customer information for the immediately

prior calendar year (e.g., requests made in 2018 will receive information

regarding 2017 sharing activities, if any).

 

To obtain this information, please send an email message

to rglegalinquiries@realgeeks.com with "Request for California Privacy

Information" in the subject line and in the body of your message. We will

provide the requested information to you at your email address in response.

 

Please be aware that not all information sharing is covered by the "Shine theLight"

requirements, and only information on covered sharing will be included

in our response.

 

For additional rights as a California consumer, please visit Real

Geeks' California Privacy link.

 

For Colorado Residents: For additional information about your Colorado

consumer privacy rights, or to make a consumer privacy request please

email rglegalinquiries@realgeeks.com or call 808-261-0616.

 

For Connecticut Residents: For additional information about your Connecticut

consumer privacy rights, or to make a consumer privacy request or appeal a

previous privacy request please email rglegalinquiries@realgeeks.com or call

808-261-0616.

 

For Virginia Residents: For additional information about your Virginia

consumer privacy rights, or to make a consumer privacy request or appeal a

previous privacy request please email rglegalinquiries@realgeeks.com or call

808-261-0616.

 

For Utah Residents: For additional information about your Utah consumer

privacy rights, or to make a consumer privacy request or appeal a previous

privacy request please email rglegalinquiries@realgeeks.com or call 808-261-

0616.

 

"Do Not Track" Signals

Note that your browser settings may allow you to transmit automatically a "Do

Not Track" signal to websites and online services you visit. There is no

consensus among industry participants as to what "Do Not Track" means in

this context. Like many websites and online services, the Company currently

does not alter its practices when it receives a "Do Not Track" signal from a

visitor's browser.

 

If you have additional questions or comments or would like to access your

Personal Information or opt out of certain sharing, please let us know by

sending your comments or requests to:

 

Real Geeks

4849 Greenville Ave, Suite 1495

Dallas, TX 75206Phone: 808-261-0616

rglegalinquiries@realgeeks.com

 

Copyright © 2023. Real Geeks All Rights Reserved.

Effective as of: 09/29/08