Terms & Conditions

Terms of Use Agreement

By accessing any of the websites or mobile applications operated by the agent you agree to be bound by all of the TERMS & CONDITIONS and PRIVACY POLICY and agree that these terms constitute a binding contract between you and the agent.

Copyright

Property listings and other data available on this site are intended for private, non-commercial use by individuals. Any commercial use of the listings or data in whole or in part, directly or indirectly, is specifically forbidden except with the prior written authority of the owner of the copyright.
The users may, subject to the Terms and Conditions, print or otherwise save individual pages for private use. However, property listings and/or data may not be modified or altered in any respect, merged with other data or published in any form, in whole or in part. The prohibited uses include "screen scraping," "database scraping," and any other activities intended to collect, store, reorganize or manipulate or publish data on the pages produced by, or displayed by this website or its associated or affiliated websites.
REALTOR® is a certification mark owned by REALTOR® Canada Inc., a corporation owned by the National Association of REALTORS® and CREA.
Multiple Listing Service® is a registered certification mark owned by CREA and used to identify real estate services provided by brokers and salespersons who are members of CREA.

Disclaimer

We make no representations about the suitability of the data, information, or graphics published on this site. Everything on this site is provided "As Is" and "As Available" without warranty of any kind including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Neither REALTOR®, [INSERT BROKERAGE] nor any of its members, directors, officer, shareholders or affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to or use of this site.

Privacy Notice and Consent

In accordance with the Rules of Cooperation of the CADREB, FVREB, and REBGV, and in conjunction with Privacy Policy, the User acknowledges understanding of and agreement with the following:

• The Registrant has received, read and understood the brochure published by the British Columbia Real Estate Association entitled “Privacy Notice and Consent”;
• all data obtained from the MLS® VOW is intended for and may only be used for the User’s personal, non-commercial use;
• the Registrant has a bona fide interest in the purchase, sale or lease of real estate of the type being offered through the MLS® VOW;
• the Registrant will not himself, and will not permit or assist others to, directly or indirectly:
  • copy, redistribute or retransmit any of the MLS® VOW Data or information provided;
  • display, post, disseminate, distribute, publish, broadcast, transfer, sell or sublicense any of the MLS® VOW Data to another person.
  • engage in Scraping (including “screen scraping” and “database scraping”), “data mining” or any other activity intended to collect, store, re-organize, summarize or manipulate any MLS® VOW Data or any related data;
• the Registrant acknowledges the Board’s ownership of, and the validity of the Board’s proprietary rights and copyright in the MLS® VOW Data, and listing information; and
• the Registrant expressly authorizes the Board or their duly authorized representatives, to access the MLS® VOW and User’s information provided to the MLS® VOW Participant, for the purposes of verifying compliance with and pursuing enforcement of the Terms of Use and all applicable rules, regulations, bylaws, policies, and laws.
• Acknowledge and understand that the Terms of Use do not create an agency relationship and do not impose a financial obligation on the Registrant or create any representation agreement between the Registrant and the Participant;
• Acknowledge and enter into a lawful REALTOR®/ consumer or REALTOR®/client relationship with the Participant, including, where necessary, completion of any applicable agency, non-agency, and other disclosure obligations, and execution of any required agreements;
• Understand that information on this site is deemed to be valid but is not guaranteed. It is the responsibility of the registrants to confirm all information on their own.

Communication

The Registrant expressly authorizes the Board, their duly authorized representatives or the REALTOR®, to call the registrant by the phone provided during the sign up process.

Commercial Electronic Messages ("CEMs")

The REALTOR® will only sends CEMs, such as emails, in accordance with Canada's Anti-Spam Legislation ("CASL").

Third Party Websites

The Website/App may contain links from other third party websites and all such websites are independent. REALTOR® has no control over these third party websites and assumes no responsibility or obligations for such third party websites. The provision of such links does not constitute any endorsement of such linked websites, their content or information appearing on the Website/App.

Jurisdiction

The Website/App can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of British Columbia, by accessing the Website/App or Associated Services, you agree that all matters relating to access to, or use of, the Website/App or Associated Services, or any other hyperlinked website shall be governed by the laws of the Province of British Columbia and the federal laws of Canada as applicable and notwithstanding conflicts of law. You also agree and hereby submit to the exclusive jurisdiction and venue of the courts of the Province of British Columbia and acknowledge and do so voluntarily.

Privacy Policy

This website/app collects information, some of which can be used to personally identify and/or locate you (Personal Information), in order to facilitate the functionality. This document is intended to help users understand what personal information is collected, as well as how it is collected, processed, used, and disclosed. By using this website and/or otherwise communicating with us, you agree to this Privacy Policy. Please take a moment to read it.

Information Collected

We collect information that is provided by users, as well as information provided during the normal use.

Information provided by users

We collect personal information necessary to create a user profile. This includes a user’s name, email address, and phone number.

Information automatically collected

We automatically collect information, including personal information, about the services you use and how you use them. This information is necessary to provide and improve functionalities.

Geo-location Information

When you use certain features, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. We may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions. Activation of location services on your device or browser indicates consent to collect information on your physical location.

Usage Information

We collect information about your interactions, such as search queries, usage data.

Log Data and Device Information

We automatically collect log data and device information when you access. That information includes, but is not limited to: IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after.

Cookies and Similar Technologies

We use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow our business partners to use these tracking technologies or engage others to track your behavior on our behalf.

Info collected from Third Parties

We may obtain information from Third Parties in order to maximize the functionality. If you link, connect, with a third-party service (e.g. Google, Facebook), the third party service may send us information such as your registration and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
Third Party services retain their own rules on the collection, use, and disclosure of information. You are encouraged to review the privacy policies of any Third Parties.

How we use the information

Provide, Improve, and Develop

We process this information given our legitimate interest in improving and our Members’ experience with it, and where it is necessary for the adequate performance of the contract with you.

• Enable you to access and use
• Operate, protect, improve, and optimize the experience, such as by performing analytics and conducting research
• Provide customer service
• Send you service or support messages, updates, security alerts, and account notifications

Create and Maintain a Trusted and Safer Environment

• Detect and prevent fraud, spam, abuse, security incidents, and other harmful activity.
• Comply with our legal obligations.
• Enforce our Terms of Service and other policies.
• In connection with the activities above, we may conduct profiling based on your interactions, your profile information and other content you submit, and information obtained from third parties. In limited cases, automated processes may restrict or suspend access if such processes detect a user or activity that we think poses a safety, other users, or third parties.
• We process this information given our legitimate interest in protecting, and to comply with applicable laws.

Communicate with Users

• To respond to your requests for information about our products, or services.
• To provide product enablement and licensing, customer service and support.
• To send you technical notices, updates, security alerts, and support and administrative messages.
• To inform you about our products and services.
• For other general business management and operations purposes, such as to provide, operate, maintain, make modifications to protect and improve.
• To send marketing, advertising or event materials to which you’ve agreed, requested or subscribed. These may include notifications based on preferences, new feature updates, and third-party marketing

Information Sharing & Disclosure

User information, including information that may personally identify the user and/or the user’s location, is shared with any real estate agents that a user is connected. This sharing of information and user profile is necessary for the functionality.

Third Party Services

Some info may be shared with authorized third party services that we employ to provide improved user experience and functionality. These services include but are not limited to, Facebook, Google, Intercom, and other services that provide an API utilized.

Compliance with Law, Responding to Legal Requests, Preventing Harm and Protection of our Rights

We may disclose your information, including personal information, to courts, law enforcement or governmental authorities, or authorized third parties, if and to the extent we are required or permitted to do so by law or if such disclosure is reasonably necessary: (i) to comply with our legal obligations, (ii) to comply with legal process and to respond to claims asserted, (iii) to respond to verified requests relating to a criminal investigation or alleged or suspected illegal activity or any other activity that may expose us, you, or any other of our users to legal liability, (iv) to enforce and administer our Terms of Service, or (v) to protect the rights, property or personal safety of, employees, its users, or members of the public.
These disclosures may be necessary to comply with our legal obligations, for the protection of your or another person's vital interests or for the purposes of our or a third party’s legitimate interest in keeping the system secure, preventing harm or crime, enforcing or defending legal rights, or preventing damage.
Where appropriate, we may notify users about legal requests unless: (i) providing notice is prohibited by the legal process itself, by court order we receive, or by applicable law, or (ii) we believe that providing notice would be futile, ineffective, create a risk of injury or bodily harm to an individual or group, or create or increase a risk of fraud upon property, its users. In instances where we comply with legal requests without notice for these reasons, we will attempt to notify that user about the request after the fact where appropriate and where we determine in good faith that we are no longer prevented from doing so.

Data Integrity/Security

Personal Information it collects via the Platform with reasonable and appropriate physical, electronic, and procedural safeguards, and encryption protocols for passwords. Any sections that collect sensitive Personal Information use industry-standard secure socket layer (TLS/SSL) encryption. To take advantage of TLS, your browser must support up-to-date encryption protection, as found in the latest versions of most common browsers, such as Microsoft Edge, Mozilla Firefox, Google Chrome, and Safari.” Support is limited to the most recent three browser or operating system iterations.
If you know or have reason to believe that your account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your account, please contact us following the instructions in the Contact Us section below.

Cookie Policy

Our website uses standard technology known as "cookies" including session cookies and persistent cookies. Session cookies temporarily keep your settings. This information is stored until your browser is closed. Persistent cookies are created for specific functions you may choose to use on the website including, but not limited to: accepting terms of use; saving searches; and saving favorites. Persistent cookies are used to improve your experience of the website and are retained from session to session. These cookies remain after the browser is closed and are stored locally on your system. You may choose to delete persistent cookies after visiting the website.

Google Maps/Earth

Parts of the app use Google Maps/Earth services, including the Google Maps API(s). Use of Google Maps/Earth is subject to Google Maps/Earth Additional Terms of Use and the Google Privacy Policy.

Google Analytics

We use Google Analytics to collect aggregated information regarding the access and use of the Website. Such aggregated information may include what pages Users' access or visit, when and how Users visit, and other information Users may volunteer.
We collect and use such information to improve the quality of the Website/App.
The information we collect is not shared with or sold to other organizations for commercial purposes but may be used where it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.

Analyzing Your Communications

We may review, scan, or analyze your communications for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. Occasionally we may need to manually review some communications, such as for fraud investigations, research & development, product improvement, and customer support, or to assess and improve the functionality of automated tools.

Data Correction, Account Deactivation, and Data Deletion

If a user needs to update, correct, or otherwise alter the personal information provided in the creation of the user’s account/profile, the user must do so by email, following instructions provided in the Contact Us section below.
If at any time a user wishes to stop sharing information/data, the user may request that the user’s account be deactivated by email, following instructions provided in the Contact Us section below. Account deactivation will fully remove the user from the active user's list, and the user’s information will no longer be available to any connected real estate agents or third party service providers. It may take up to seven (7) days to deactivate a user’s account.
We reserves the right to delete user information.

Changes to Privacy Policy / Updates to Privacy Policy

We reserves the right to modify this Privacy Policy at any time in accordance with this provision.

Contact Us

All requests for account details/deactivation, questions/concerns, or other communications can be addressed to DENISE@WHISTLER-REALESTATE.CA. We will endeavor to respond to all emails.