This Web Site (“Web Site”) is published and maintained by Real Prospex, LLC, with offices located at 1222 Avenue M, Suite 301, New York, New York 10012  (“Real Prospex”).  Real Prospex is part of the Real Prospex corporate family.  Real Prospex, together with Real Prospex, LLC and Real Prospex, LLC’s parent, subsidiaries and other entities affiliated or under common ownership with Real Prospex are collectively referred to in this Privacy Policy as “we,” “us,” “our,” or other similar pronouns, or “The Real Prospex Family.”

 

This Privacy Policy governs your use of the Real Prospex Web Sites at www.realprospex.com.  By visiting this Web Site, and/or using the services offered on or through this Web Site, you agree to the terms of this Privacy Policy as they may be amended from time to time.  As we update and expand our services, this Privacy Policy may change, so check back to this page from time to time.  This Privacy Policy is incorporated into, and part of, the Real Prospex Web Site Terms and Conditions, which governs your use of this Web Site in general.

 

This Privacy Policy does not apply to information that you may provide to us, or that we may obtain, other than through our Web Site, such as by phone, through postal mail and through other live and print mediums.

 

You may opt in or opt out of our sharing your personal information with third parties for marketing purposes by following the directions in the “Right to Opt Out” section below.

 

This Web Site is intended for users who are located in the United States of America.  This Privacy Policy shall be interpreted under the laws of the United States. 

 

Purpose

Your privacy is a serious matter to us.  In order to make your visits to our Web Site and use of the services available through our Web Site as worthwhile as possible, we may ask you for Personal Information and we may collect certain information from your computer each time you visit us.  “Personal Information” includes, for example, your name; home and/or business address; e-mail address; telephone, wireless and/or fax number; short message service or text message address or other wireless device address; instant messaging address; credit card and other payment information; demographic information; and/or other information that may identify you as an individual or allow online or offline contact with you as an individual. Personal Information does not include information about any corporation, partnership, limited liability company, association or other legal entity on whose behalf you may be acting for commercial purposes nor any information about properties or financing where you are acting for commercial purposes. This privacy statement explains, in general, what Personal Information and other information is collected on our Web Site, how the information is used, and with whom we may share such information.  Please take a few minutes to read our Privacy Policy so that you understand how Real Prospex treats your information.

 

Right to Opt Out

You have the right to “opt-out” of certain of our uses of your Personal Information.  For example, at the time you are requested to provide Personal Information on this Web Site, you may have the opportunity to elect to, or not to: (1) receive correspondence from us, or (2) have your Personal Information shared with other entities (outside of The Real Prospex Family) for their marketing purposes.  You may also make this request by visiting our marketing preferences Web page at this location or by sending an e-mail to opt-out@realprospex.com.  In this e-mail, please say whether you would like to:

 

	(i)	opt-out of receiving promotional correspondence from Real Prospex in general, or just via e-mail, postal mail, short message service, instant messaging, and/or by phone;
	(ii)	only opt-out of certain of Real Prospex’s e-newsletters or correspondence, and if so which ones;
	(iii)	elect for Real Prospex not to share your Personal Information with other members of The Real Prospex Family for their marketing purposes;
	(iv)	elect for us not to share your Personal Information with entities that are affiliates of the members of The Real Prospex Family for their marketing purposes; and/or
	(v)	elect for us not to share your Personal Information with unaffiliated third parties for their marketing purposes.  You may also opt-out of Real Prospex’s promotional e-mails by clicking on an opt-out link within the e-mail you receive.

 

Please understand that if you opt-out of receiving correspondence from us, we may still contact you in connection with your relationship, activities, transactions and communications with us.  Also, a request to have us stop sharing your Personal Information with other entities for marketing purposes will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from entities that received your Personal Information prior to such request.  In these cases, please contact that entity directly.

 

 

What Information is Collected on this Web Site?

 

User-Provided Information

 

We collect Personal Information from users of our Web Site, for example, through such users’ activities, transactions and completion of online forms on our Web Site.  Such information is collected, for example, when users register or subscribe for accounts or features on our Web Site, make online purchases, enter sweepstakes and contests, complete surveys, contribute to a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through our Web Site, submit a comment or question to us using a “contact us” or similar feature on our Web Site, send us an e-mail, or in any other way submit Personal Information to us via our Web Site.    

 

You may be able to send information about our products and services to your friends and family members through our Web Site by clicking on an “E-mail to Friend” or similar button on our Web Site or in an e-mail that we have sent you.  In some of these cases (unless you simply forward our e-mail on your own), you may provide the name and e-mail address of your friend or family member to us.  Such information will be treated in accordance with this Privacy Policy and applicable law.

 

Web Site Usage Information

 

Cookies

 

We may use “cookies” to keep, and sometimes track, information about you.  Cookies are small data files that are sent to your browser or related software from a Web server and stored on your computer's hard drive.  Cookies track where you travel on our Web Site and what you look at and purchase.  They may store the information in your shopping cart, and/or your username and/or password.  A cookie may enable us to relate your use of our Web Site to other information about you, including your Personal Information.  All of these purposes may serve to improve and personalize your experience on our Web Site.    

 

Most Web browsers can be set to inform you when a cookie has been sent to you and provide you with the opportunity to refuse that cookie.  Additionally, if you have a Flash player installed on our computer, your Flash player can be set to reject or delete Flash cookies.  However, refusing a cookie may, in some cases, preclude you from using, or negatively impact the display or function of, the Web Site or certain areas or features of the Web Site. 

 

Clear GIFs

 

We may use “clear GIFs” (aka “Web beacons” or “pixel tags”) or similar technologies, in the Web Site and/or in our communications with you to enable us to know whether you have visited a Web page or received a message.  A clear GIF is typically a one-pixel, transparent image (although it can be a visible image as well), located on a Web page or in an e-mail or other type of message, which is retrieved from a remote site on the Internet enabling the verification of an individual’s viewing or receipt of a Web page or message.  A clear gif may enable us to relate your viewing or receipt of a Web page or message to other information about you, including your Personal Information.

 

 

 

IP Address and Clickstream Data

 

Our server may automatically collect data about your server’s Internet address when you visit us.  This information, known as an Internet Protocol address, or IP Address, is a number that is automatically assigned to your computer by your Internet service provider whenever you’re on the Internet.  When you request pages from our Web Site, our servers may log your IP Address and sometimes your domain name.  Our server may also record the referring page that linked you to us (e.g., another Web site or a search engine); the pages you visit on this Web Site; the Web site you visit after this Web Site; the ads you see and/or click on; other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on this Web Site or a referral site; and other Web usage activity and data logged by our Web servers.  We use this information for internal system administration, to help diagnose problems with our server, and to administer our Web Site.  Such information may also be used to gather broad demographic information, such as country of origin and Internet Service Provider.  We may also link this information with your Personal Information.

 

Any or all of these activities with regard to Web Site Usage Information may be performed on our behalf by our service providers.

 

How is the Personal Information used?

 

We will use the Personal Information you provide to our Web Site, for example, to respond to your requests and to provide you with our product and service offerings, including searching for lenders, loan brokers, real estate brokers, agents and salespersons, as well as prospective buyers and sellers of real estate who we may contact in connection with engaging in a prospective or actual transaction with you.  For example, we will process your orders, respond to your requests and inquiries and provide you with the services and features offered on or through our Web Site.  We may also use your Personal Information to maintain our internal record keeping.  We may also report information about your account to credit bureaus.  Late payments, missed payments, or other defaults on your account may be disclosed to third parties and may be reflected in your credit report.  We may also disclose all the information we collect at your request or in connection with enforcing our rights or your obligations.  We may match information collected from you through different means or at different times, including both Personal Information and Web Site Usage Information, and use such information along with information obtained from other sources, including third parties.  Also, advertisements and other content displayed to you on the Web Site may be customized to your interests and preferences, based on your Personal Information and Web Site Usage Information, including (but not limited to) non-personally identifying information, which we may obtain from you or from other sources.  In addition, we may use your Personal Information, including your email address, to send you notices (for example, in the form of e-mails, mailings, and the like), and otherwise correspond with you, about products, services, companies and events, sponsored by us and others, that we think might interest you. You may opt-out of receiving such notices from us by following the instructions in the Right to Opt Out section above. 

 

We may analyze user behavior as a measure of interest in, and use of, our Web Site and e-mails, both on an individual basis and in the aggregate. 

 

Do we share Personal Information and Web Site Usage information with others?

 

Public Forums

 

When you contribute to any public area or feature of our Web Site, such as a chat room, bulletin board, list serve, blog, wiki or other open forum that we may make available on or through our Web Site, the information that you submit will be made available to the general public.  For this reason, we recommend that you do not submit any sensitive information, including your full name, home address, phone number, other information that would enable other users to locate you, or financial information on these areas of our Web Site.  Instead, make up a username that does not disclose your personal identity. 

 

Third Party Offers

 

We may provide visitors an opportunity to receive offers from other entities (outside of The Real Prospex Family) who have services, products and offers that we think might be of interest to you.  Unless you elect not to receive such offers by following the instructions in the Right to Opt Out section above, we may from time to time provide your Personal Information to these entities so that they may send you these offers.  If you change your mind and no longer want us to share your Personal Information with these types of third parties, follow the instructions to opt-out in the Right to Opt Out section above.

 

Co-sponsored Contests, Sweepstakes and Offerings

 

Some of our contests, sweepstakes and other offerings may be co-sponsored by another company.  In those situations, the information we obtain from you in connection with such contest, sweepstake or offering may be shared with our co-sponsor, unless you instruct us not to by following the instructions in the Right to Opt Out section above.  In those situations, our co-sponsors will have the right to use your information for their own purposes, in accordance with their own policies.  We are not responsible for how our co-sponsors may use your information.

 

Service Providers

 

We may use third party partners to help operate our Web Site and deliver our products and services, and may share your information with our affiliates, service providers, lenders, loan brokers, real estate brokers, agents and salespersons as well as prospective buyers and sellers of real estate and other third parties that provide products or services for or through this Web Site or for our business (such as Web site or database hosting companies, address list hosting companies, e-mail service providers, analytics companies, and other similar service providers that use such information on our behalf).

 

Aggregate Statistics

 

We may disclose aggregate statistics regarding user behavior as a measure of interest in, and use of, our Web Site and e-mails to third parties in the form of aggregate data, such as overall patterns or demographic reports that do not describe or identify any individual user.

 

Legally Compelled Disclosures

 

We may disclose user information to government authorities, and to other third parties when compelled to do so by government authorities, at our discretion, or otherwise as required or permitted by law, including but not limited to in response to court orders and subpoenas.  We also may disclose user information when we have reason to believe that someone is causing injury to or interference with our rights or property, other users of the Web Site, or anyone else that could be harmed by such activities.

 

Business Transfer

 

In the event that Real Prospex, any entity of The Real Prospex Family, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets.

 

Wireless Addresses

If the email address you provide to us is a wireless email address, you agree to receive messages at such address from Real Prospex, the rest of The Real Prospex Family and the rest of the third parties with which we share your e-mail address (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above).  You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above.  You represent that you are the owner or authorized user of the wireless device on which messages will be received, and that you are authorized to approve the applicable charges.   

 

Short Message Service

We may make available a service through which you can receive messages on your wireless device via short message service (“SMS Service”).  If you subscribe to one of our SMS Services, you thereby agree to receive SMS Service messages at the address you provide for such purposes.  Such messages may come from Real Prospex, the rest of The Real Prospex Family and/or the rest of the third parties with which we share your address (unless and until you have elected not to receive such messages by following the instructions in the Right to Opt Out section above). 

 

You understand that your wireless carrier's standard rates apply to these messages, and that you may change your mind at any time by following the instructions in the Right to Opt Out section above.  You represent that you are the owner or authorized user of the wireless device you use to sign up for the SMS Service, and that you are authorized to approve the applicable charges.  To use the SMS Service, you must be 18 years of age or older and reside in the United States.  You must first register and provide all required Personal Information, which may include, for example, your name, SMS address, wireless carrier and, if fees are applicable to the SMS Service you subscribe to, billing information (either your credit card information or mobile service carrier information if applicable fees will be billed through your carrier).  We may also obtain the date, time and content of your messages in the course of your use of the SMS Service.  We will use the information we obtain in connection with our SMS Service in accordance with this Privacy Policy.  If fees are charged to your wireless account invoice, we may provide your carrier with your applicable information in connection therewith.  Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies. 

 

You acknowledge and agree that the SMS Service is provided via wireless systems which use radios (and other means) to transmit communications over complex networks.  We do not guarantee that your use of the SMS Service will be private or secure, and we are not liable to you for any lack of privacy or security you may experience.  You are fully responsible for taking precautions and providing security measures best suited for your situation and intended use of the SMS Service.  We may also access the content of your account and/or wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints.

 

By signing up for the SMS Service, you consent to receiving, from time to time, further messages which may include news, promotions and offers from us, our affiliates and partners, and you consent to our sharing of your Personal Information with such parties for such purposes, unless and until you have opted-out of these activities by following the instructions in the Right to Opt Out section above.  Please follow the instructions provided to you by third parties to unsubscribe from their messages.

 

Your Access Rights

You may review the Personal Information that is stored in your user account on this Web Site by visiting the “My Profile” area of your account on this Web Site or by e-mailing privacy@realprospex.com.  We will send you a copy of the Personal Information we have on file in your user account (if any).  You may send us new or updated information at any time.  We will endeavor to respond to your request to access, update or delete your information as soon as practicable.  Before we are able to provide you with any information, correct any inaccuracies or delete any information, however, we may ask you to verify your identity and to provide other details to help us to respond to your request.

 

Security

Real Prospex will take reasonable steps to protect the security and integrity of all Personal Information provided to this Web Site.  However, due to the inherent nature of the Internet as an open global communications vehicle, we cannot guarantee that information, during transmission through the Internet or while stored on our system or otherwise in our care, will be absolutely safe from intrusion by others, such as hackers. 

 

If you contact us by e-mail or a “contact us” or similar feature on our Web Site, you should be aware that your transmission might not be secure.  A third party could view information you send by these methods in transit.

 

You may be able to create an account on our Web Site with a username and password.  If so, you are responsible for maintaining the strict confidentiality of your account password, and you shall be responsible for any access to or use of the Web Site by you or any person or entity using your password, whether or not such access or use has been authorized by or on behalf of you, and whether or not such person or entity is your employee or agent.  You agree to (a) immediately notify Real Prospex of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.  It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify Real Prospex when you desire to cancel your account on this Web Site.  We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

 

We will have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.

 

In the unlikely event that we believe that the security of your Personal Information in our possession or control may have been compromised, we may seek to notify you of that development.  If a notification is appropriate, we would endeavor to do so as promptly as possible under the circumstances, and, to the extent we have your e-mail address, we may notify you by e-mail.  You consent to our use of e-mail as a means of such notification.  If you prefer for us to use another method to notify you in this situation, please e-mail us at privacy@realprospex.com with the alternative contact information you wish to be used.

 

Phishing

With identity theft a continuing problem, it has become increasingly common for unauthorized individuals to send e-mail messages to consumers, purporting to represent a legitimate company such as a bank or on-line merchant, requesting that the consumer provide personal, often sensitive information.  Sometimes, the domain name of the e-mail address from which the e-mail appears to have been sent, and the domain name of the Web site requesting such information, appears to be the domain name of a legitimate, trusted company.  In reality, such sensitive information is received by an unauthorized individual to be used for purposes of identity theft. This illegal activity has come to be known as "phishing."

 

If you receive an e-mail or other correspondence requesting that you provide any sensitive information (including your Site password or credit card information) via e-mail or to a Web site that does not seem to be affiliated with our Web Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at support@realprospex.com

 

Consent to Processing

By providing Personal Information to this Web Site, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

 

Third Party “Linked-To” Web Sites

When you are on our Web Site you may have the opportunity to visit, or link to, other sites not operated by Real Prospex, including other Web sites operated by other members of The Real Prospex Family or by unaffiliated third parties.  These sites may collect Personal Information about you.  Real Prospex does not control sites that are operated by these entities and is not responsible for the information practices of these sites.  This Privacy Policy does not address the information practices of those other Web sites.   The Privacy Policies of Web sites operated by other members of The Real Prospex Family are located on those sites.

 

Scope of Privacy Policy

This Privacy Policy only addresses our use and disclosure of your Personal Information.  We may disclose information about you (including personal information) except as limited by this Privacy Policy and applicable law.  Please be aware that we are not responsible for the privacy practices of third parties and are not liable for the misuse of Personal information by third parties, except as required by applicable law.

 

Changes to this Privacy Policy

Real Prospex reserves the right to change or update this Privacy Policy, or any other of our policies or practices, at any time, and will notify users of this Web Site by posting such changed or updated Privacy Policy on this page.  Any changes or updates will be effective immediately upon posting to this Web Site.  Under certain circumstances, we may also elect to notify you of changes or updates to our Privacy Policy by additional means, such as posting a notice on the front page of our Web Site to sending you an e-mail. 

 

Contact Us

If you have any questions or comments regarding our privacy practices, you may contact us at privacy@realprospex.com. 

Effective Date: Friday, April 11, 2008

 

 

Rev. 4/11/2008