BAREIS Plus MLS Privacy Policy

Last Updated: May 13, 2021

The Bay Area Real Estate Information Services, Inc. (“BAREIS”, “we”, “us”, or “our”) respects your privacy and is committed to protecting it.  This Privacy Policy (this “Policy”) describes the types of information we may collect from you or that you may provide when you use the Multiple Listing Service operated by BAREIS, which is located at bareis.com, including any related services provided by us (collectively, the “BAREIS Plus MLS” or the “MLS”), as well as our practices for collecting, using, maintaining, protecting and disclosing that information.  This Policy applies to information we collect on or through the BAREIS Plus MLS.  It does not apply to any third party, including through any third-party application or content that may link to or be accessible from the BAREIS Plus MLS.  Please read this Policy carefully before continuing to use the BAREIS Plus MLS to understand our policies and practices regarding your information and how it will be processed.  

By using or accessing the BAREIS Plus MLS, you agree that you have read and understand this Policy, and that you accept, consent to, and agree to be bound by this Policy and the processing of your data in accordance with this Policy. If you do not agree to any of the policies and practices described in this Policy, you have the choice not to use the BAREIS Plus MLS.

Changes to This Privacy Policy

We reserve the right to make changes to or modify this Policy at any time by posting a new or modified version of this Policy to the BAREIS Plus MLS.  Any such modifications, changes, or new versions will be effective immediately upon posting the new or modified policy.  The date this Policy was last updated is listed at the top of this page.  You are responsible for periodically visiting this page to check for any changes.  Your continued use of the BAREIS Plus MLS after any such changes or modifications to this Policy have been posted will constitute your acceptance of and consent to the new or modified policy.  If you do not agree with any modifications, changes, or new versions, you should stop using the BAREIS Plus MLS. 

MLS Rules

For the avoidance of any doubt, nothing in this Policy shall limit any obligation to abide by and fully comply with the BAREIS MLS Rules (the “MLS Rules”).

Information We Collect About You & How We Collect It

BAREIS collects various types of information about you in connection with the BAREIS Plus MLS, including information that personally identifies you (“personal information”), information that does not personally identify you, and information about how you use and interact with the BAREIS Plus MLS.  This information may include:

• Information that clearly identifies you, such as your name, e-mail address, phone number, fax number, office address, and personal address;
• Professional information about you, such as your Department of Real Estate license number, driver license number, license type, status, and expiration information, and information regarding your broker (including, but not limited to, brokerage name and entity type);
• Billing and payment information, such as your credit card or bank account number, billing address, and other similar information in connection with processing any payments you choose to pay through our automated billing services; and
• Information about your interaction with our online services as you use, access, and navigate the BAREIS Plus MLS (“Usage Information”).

We may collect this information (1) directly from you when you provide it to us, (2) automatically as you navigate the BAREIS Plus MLS (see the section below titled “Information Collected Through Cookies and Other Automatic Data Collection Technologies”), and (3) from third parties such as the Department of Real Estate, our third-party vendors and service providers, and other MLS databases with which BAREIS has reciprocal relationships (each such reciprocating MLS, a “Reciprocating MLS Database”, and collectively, the “Reciprocating MLS Databases”). 

If you contact us, we may also collect records and copies in connection with your correspondence.

Non-Identifying Data

We may also collect information that does not personally identify you, such as general or aggregated data and statistics regarding the use of our online services and the BAREIS Plus MLS.  We reserve the right to use and disclose any aggregated information and any other information that does not identify any individual without restriction.

Information Collected Through Cookies and Other Automatic Data Collection Technologies

Like many online services, we use automatic data collection technologies to track and collect certain Usage Information as you use the BAREIS Plus MLS.  The types of Usage Information automatically collected may include your Internet Protocol address and related information, system Media Access Control address, geolocation data, network configuration and device information, browser type, versions, and language, information regarding your operating system, information about the features you use, pages you visit, and terms searched, and other similar information related to your use of, interaction with, and navigation of the BAREIS Plus MLS.  Usage Information may include personal information or general, non-identifying data, such as statistical or aggregated data, depending on the circumstances.

We may collect Usage Information in various ways. For example, we may use data collection devices such as cookies, web beacons, and other similar technologies. Cookies are small text files that are placed on your device, which uniquely identify your device, and which can be transferred to your hard drive to keep records of your visit to a site.  Web beacons are small electronic files contained on web pages that permit the collection of statistics (such as the number of users who have visited the page).  You may choose to refuse or delete cookies, and most browsers and mobile devices offer their own settings to manage cookies. If you refuse or delete cookies, you may not be able to use or access certain parts and features of the BAREIS Plus MLS.  For example, we may not be able to recognize you, your devices, or your online preferences. 

We may also use Google Analytics (see below) and other third-party services to collect Usage Information. For example, we may use third-party services to collect, monitor, track, and analyze Usage Information in order to identify, protect against, and remediate any misuse or unauthorized use of or access to the BAREIS Plus MLS.

We may also use Usage Information to better understand how users interact with our online services, improve and optimize user experience, identify unauthorized users, identify and remediate any misuse or unauthorized use or access, collect (and provide to BAREIS Members) statistics regarding “hits” for listings, and to quantify mobile users versus desktop users.

We reserve the right to disclose Usage Information for the purposes listed above and as otherwise needed to operate the BAREIS Plus MLS and to provide our services. 

Google Analytics

We may also use Google Analytics to collect Usage Information. Google Analytics uses cookies and web beacons to report on user interactions on the BAREIS Plus MLS and on others’ websites.  We may use the information collected through Google Analytics to better understand how users interact with our online services, improve user experience, optimize marketing, refine programming strategies, and to quantify mobile users versus desktop users.  For more information about Google Analytics and how it collects and processes data, please visit: https://policies.google.com/technologies/partner-sites. For information and instructions regarding opting-out of Google Analytics please visit: https://tools.google.com/dlpage/gaoptout.

Do Not Track Signals

We do not respond to Do Not Track signals.  As described in this Policy, we track relevant Usage Information about users as they use the BAREIS Plus MLS and our online services. In addition, some third-party sites and services, such as Google Analytics, do track users across third-party websites.

Prospect & Listing Information

Through your use of the BAREIS Plus MLS, you will also have the option to submit and upload information that is not personal information about you to the MLS, such as (1) information related to any listings that you have submitted for inclusion on the BAREIS Plus MLS, which may include images, photographs, virtual media, appraisal reports, and other materials or information regarding such listings (collectively, “Listing Information”), and (2) information about your prospects, customers, and potential customers, which may include such person’s name, e-mail address, phone number, business name, birthdate, and other notes or information regarding such person (collectively, “Prospect Information”).  You understand and acknowledge that such information may include personal information about third parties.  By submitting Listing Information, Prospect Information, or any other information to the BAREIS Plus MLS, you hereby represent and warrant to BAREIS that you have obtained all of the legally required permissions and authorizations, and have given all legally required privacy notices and opt-out rights, necessary to submit such information to, and include such information in, the BAREIS Plus MLS.  

BAREIS reserves the right to use and disclose Prospect Information and Listing Information in connection with providing the BAREIS Plus MLS and/or in accordance with the MLS Rules.  Any and all provisions of the MLS Rules relating to the authority to submit, ownership of, proprietary rights to, and licenses covering information submitted to, uploaded to, or made available through the BAREIS Plus MLS shall remain in full force and effect and shall not be limited in any way by this Policy.

For the avoidance of any doubt, nothing in this section shall in any way limit your obligation to abide by and fully comply with the MLS Rules.

How We Use Your Information

 We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide the BAREIS Plus MLS;
• Provide you with information, products, or services that you request from us and to fulfill any other purpose for which you provide such information;
• Provide you with notices about your account or membership;
• Process any payments that you choose to pay through our automated billing services;
• Verify your account and eligibility as a BAREIS Member and/or as a user of the BAREIS Plus MLS;
• Improve user experience, better understand how users interact with our online services, optimize marketing, refine programming strategies, and otherwise improve our services;
• Promote our services to you, including to promote our free Member services;
• To carry out our obligations and enforce our rights arising from any contracts or agreements entered into between you and us;
• To notify you about changes to the BAREIS Plus MLS or our other services;
• To monitor, protect against, identify, and remediate any misuse or unauthorized use of or access to the BAREIS Plus MLS;
• In any other way disclosed to you when you provide such information; and
• For any other purpose with your consent.

How We Share Your Information

We may disclose personal information that we collect about you, or that you provide to us:

• To contractors, service providers, vendors, and other third parties in connection with supporting our business, providing the BAREIS Plus MLS, and providing our other services. For example, we may share information about you, such as billing and payment information, with third-party service providers for the purpose of processing payments you choose to pay through our automated billing services;
• To service providers and vendors in order to monitor, protect against, identify, and remediate any misuse or unauthorized use of or access to the BAREIS Plus MLS;
• To approved third-party vendors that produce tools, websites, and products that are compatible with or complementary to the BAREIS Plus MLS, such as vendors who operate or provide consumer-facing listing websites, agent and consumer listing mobile applications, agent CMA tools, agent CRM tools, broker production comparison tools, and similar services (collectively, “Approved Vendors”) for purposes such as displaying agent information, allowing a consumer to contact and hire an agent for a listing transaction, determining eligibility for a vendor’s product or service, displaying agent information properly, and other purposes complementary to the BAREIS Plus MLS and our services;
• To the Reciprocating MLS Databases, in connection with our reciprocal relationships with them, including for purposes such as displaying agent information in Reciprocating MLS Databases and directories, and allowing reciprocal agents to contact you to facilitate a transaction;
• To certain vendors for the purpose of promoting our free Member services;
• To fulfill the purpose for which you provide such information;
• With your consent;
• For any other purpose disclosed by us when you provide such information or disclosed in the MLS Rules;
• In the event of a merger, consolidation, change of control, dissolution, restructuring, reorganization, or other sale or transfer of some or all of BAREIS’s assets; and
• To comply with any court order, law, or legal process, including to respond to any government or regulatory request, to enforce any of our contracts and agreements, or if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of BAREIS, the BAREIS Plus MLS, our Members or users, or others.

We may also disclose your personal information to Approved Vendors in order for such vendors to offer or market their products and services directly to you.  For example, Approved Vendors may use such information to contact you from time to time to inform you of their products, services, and promotions.  Approved Vendors are prohibited from using and disclosing any of your personal information that they receive from us for any purpose other than offering and providing their products, services, promotions, and offers to you.  If you do not want us to share your personal information with Approved Vendors for such promotional purposes, you may opt-out by e-mailing your request to us at mymls@norcalmls.com or mailing your request to:

Bay Area Real Estate Information Services, Inc.

153 Stony Circle, Suite 200

Santa Rosa, CA 95401

Attn: BAREIS Management.

You may also choose to post or share information you have submitted to the BAREIS Plus MLS, such as Listing Information, to third-party websites such as Facebook and other social media platforms (to the extent permitted by the MLS Rules).  You are solely responsible for any information you voluntarily choose to post, submit, or link to third-party sites and platforms.

As noted above, we reserve the right to disclose any aggregated information and any other information that does not identify any individual without restriction. Without limiting the foregoing, BAREIS may make non-identifying statistical and aggregated listing data available to the public or media.

Third-Party Links

The BAREIS Plus MLS may include links to third-party websites or pages that are not operated by BAREIS.  These third-party sites may collect personal information and other information about you. BAREIS is not responsible for and makes no representation of any kind regarding such sites or their data practices and policies.  If you choose to hyperlink to or otherwise visit any of these third-party sites, you understand, acknowledge, and agree that you do so entirely at your own risk.  You should review the privacy policies, other policies, and terms applicable to such third-party websites, and make any other investigation that you feel is necessary or appropriate before using any such third-party websites or services. 

Security Measures

We use reasonable technical, administrative, and other security measures to protect your information, and to attempt to prevent the misuse of, loss of, or unauthorized access to your information.  For example, we use industry-standard third-party service providers to store the information collected through the BAREIS Plus MLS, and we also engage in regular security reviews. Although we strive to protect your personal information, the transmission of information via the internet is not completely secure, and we cannot guarantee the security of your personal information transmitted the BAREIS Plus MLS. Any transmission of information is at your own risk.

The safety and security of your information also depends on you. A username and password is required to access the BAREIS Plus MLS.  You are responsible for your password, and for any other confidential login credentials, and for keeping this password confidential.  You should not share your password or other confidential login credentials with anyone.  You are responsible for all activity that occurs through your account using your password and other login credentials.  If you believe someone has accessed or used your login credentials without your consent, please contact BAREIS immediately.

Individuals Under the Age of 16

The BAREIS Plus MLS is not intended for anyone under 16 years of age.  No one under age 16 may provide, submit, or upload any personal information to or through the BAREIS Plus MLS. We do not knowingly collect information through the BAREIS Plus MLS from anyone under the age of 16. If we learn that a person under the age of 16 has provided BAREIS with personal information, we will delete such personal information.  

Jurisdiction

The BAREIS MLS is operated from facilities located in the United States of America, and the MLS is only intended for users located in the United States. You should not provide, submit, or upload any personal information to, or otherwise use, the BAREIS Plus MLS if you are located outside of the United States.

Accessing and Correcting Your Personal Information

If at any time, you would like to modify, update, correct, review, or request access to the personal information we have about you, please send your request to mymls@norcalmls.com or to:

Bay Area Real Estate Information Services, Inc.

153 Stony Circle, Suite 200

Santa Rosa, CA 95401

Attn: BAREIS Management.

We reserve the right to use reasonable measures to verify your identify before modifying, updating, correcting, or providing access to the personal information of any user.

Contact Us

If you have any questions about this Policy, please e-mail us at mymls@norcalmls.com or contact us at the mailing address listed above.