PAUL KAPLAN GROUP PRIVACY POLICY

 

Updated 6-19-2018

 

The Paul Kaplan Group, Inc.  (PKG) is a Real Estate company providing online and in person real estate products and services, including website templates and web-delivered applications and plugins hosted on the Real Estate Webmaster (REW) server and online marketing and social media services.

 

We are committed to protecting your personal information in accordance with commercially reasonable standards and legal requirements.

 

This Privacy Policy applies and you agree to it when you access and use our websites at www.paulkaplangroup.com, www.modernbearhome.com, www.hellopkg.com, www.paulkaplanhomes.com,  or www.paulkaplanrealtor.com, or www.PalmCanyonMobileClub.com or other site domains run by Paul Kaplan and/or  The Paul Kaplan Group, Inc, .including the online client administration system (collectively, the "Website") or our products and services.

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. IF YOU ARE NOT PREPARED TO CONSENT TO PKG’s USE OF YOUR PERSONAL INFORMATION THEN DO NOT CONTINUE TO USE THE WEBSITE OR THE SERVICES. SHOULD YOU WISH TO OPT OUT OF THE USE OF PERSONAL INFORMATION THEN YOU MAY OPT OUT BY CONTACTING US. BY CONTINUING TO ACCESS AND USE THE WEBSITE AND SERVICES, YOU CONSENT TO THE USE OF YOUR PERSONAL INFORMATION FOR THE PURPOSES SET OUT IN THIS PRIVACY POLICY.

Definitions

 

Service

  • Service is the www.paulkaplangroup.com website operated by PKG.  Thus, the Service is the Website and its services and offerings.

 

Personal Data

  • Personal Data or Personal Information means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession), but does not include aggregate information that cannot be associated with an identifiable individual, such as demographic statistics.

 

Usage Data

  • Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

 

Cookies

  • Cookies are small pieces of data stored on your device (computer or mobile device).

 

Data Controller

  • Data Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.
  • For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

 

Data Processors (or Service Providers)

  • Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.
  • We may use the services of various Service Providers in order to process your data more effectively.

 

Data Subject (or User)

  • Data Subject is any living individual who is using our Service and is the subject of Personal Data.

 

Information Collection and Use

 

We collect several different types of information for various purposes to provide and improve our Service to you.

 

Types of Data Collected

 

Personal Data

 

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). We collect this information when you fill out a form, send us an email, enter information on our site, use the customer website or our mobile app.  Depending on the area of the site or mobile app, personally identifiable information we may collect and store on our servers may include, but is not limited to:

 

  • Name and job title
  • Company name and address
  • Contact information including email address and phone number
  • Other non-personal information to ensure a great experience with our Service

 

We only collect Personal Data that you voluntarily provide. You may refuse to provide consent at any time. However, this may prevent you from accessing and using the Website, portions of the Website, or the Services.

 

Usage Data

 

We may also collect information about how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

 

Tracking Cookies Data

 

We use Cookies and similar tracking technologies to track the activity on our Service and hold certain information.

 

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service. Use of a Cookie is in no way linked to any personally identifiable information. Cookies are an industry standard used by most websites.

 

You can instruct your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.  To find out more about cookies, including how to see what Cookies have been set and how to manage and delete them, visit www.allaboutcookies.org/manage-cookies/.

 

Examples of Cookies we use:

 

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.

 

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.

 

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.

If you are requesting that we refer you to an agent outside our typical market area, we may share your information with another Broker/Agent and collect a referral fee to be paid by referral recipient to The Paul Kaplan Group, Inc. 

 

Log Files

 

We log certain technical information from your computer's web browser when you access and use the Website. This information includes your IP address, the address of the website you are coming from, the amount of time you spend visiting the Website, the pages visited, date and time of access, and the operating system and web browser software used.

 

We use such information to analyze Website trends, administer the Website, track User movement in the aggregate and gather other information for aggregate use, such as demographic information.

 

This information is not generally used to link the logs to identifiable individuals. PKG will only attempt to link the logs to identifiable individuals if that is necessary because of a data security breach, a breach of contract, a violation of PKG policies and procedures, or as otherwise required by law.

 

Use of Data

 

PKG uses the data collected from Users for various purposes:

 

  1. To establish and maintain commercial relationships with Users;
  2. To answer questions and respond to concerns of Users;
  3. To provide products and services to Users on an ongoing basis;
    1. To acquire third-party products and services on behalf of Users for integration with our products and services;
  4. To administer and maintain the online client administration system;
  5. Internal record keeping
  6. To provide customer support;
    1. To fulfill purchases of products and services;
    2. To understand Users' needs and preferences;
    3. To develop, enhance, market or promote our products and services;
      1. To manage and develop PKG's business and operations, including personnel and employment matters;
      2. To gather analysis or valuable information so that we can improve our Service;
      3. To monitor the usage of our Service;
      4. To detect, prevent and address technical issues;
        1. To allow you to participate in interactive features of our Service when you choose to do so; and
  7. To meet legal our regulatory requirements.

 

Additionally, we may periodically send promotional emails about our service, special offers or other information (company news, updates, etc.) which we think you may find interesting using the email address you provided. From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, or mail.

 

Our products and services provide real estate related information and related information to Users that facilitate the collection of personal information from Users' customers ("End User Personal Information"). End User Personal Information is collected when a User's customers access products and services provided by PKG to the User. End User Personal Information is collected and stored by PKG on behalf of the User, but we maintain no rights in any End User Personal Information and do not use End User Personal Information.

 

PKG may act as either a Data Controller or a Data Processor in respect of your Personal Data, depending on the circumstances. 

 

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

 

The Paul Kaplan Group does not offer goods or services to data subjects in the EU or monitor behavior of EU residents taking place within the EU and thus is not a data controller under Article 3(2) of the GDPR. The European Commission has publicly said: “Provided your company doesn't specifically target its services at individuals in the EU, it is not subject to the rules of the GDPR.”

The Paul Kaplan Group, Inc. is a US-based company that does not solicit business or have a physical business presence within the EU. The Paul Kaplan Group, Inc  provision of services to EU residents, if any, is initiated by the EU resident’s unilateral action of browsing a PKG website for properties within the United States or Canada. This limited relationship, originated by the EU resident, not as a result of PKG targeting of EU residents, does not fall within the scope of GDPR.

 

PKG can also rely on how the GDPR characterizes the offering of goods or services to EU residents for web-based services. Specifically, GDPR’s Recital 23 states “In order to determine whether such a controller or processor is offering goods or services to data subjects who are in the Union, it should be ascertained whether it is apparent that the controller or processor envisages offering services to data subjects in one or more Member States in the Union. Whereas the mere accessibility of the controller's, processor's or an intermediary's website in the Union, of an email address or of other contact details, or the use of a language generally used in the third country where the controller is established, is insufficient to ascertain such intention, factors such as the use of a language or a currency generally used in one or more Member States with the possibility of ordering goods and services in that other language, or the mentioning of customers or users who are in the Union, may make it apparent that the controller envisages offering goods or services to data subjects in the Union.”"

 

If you are from the European Economic Area (EEA), PKG’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

 

PKG may process your Personal Data because:

  • We need to perform a contract with you, including for the sale of products or services;
  • You have given us permission to do so;
  • The processing is in our legitimate interests and it's not overridden by your rights; and
  • To comply with the law.

 

Retention of Data

 

PKG will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

 

PKG will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

 

Transfer of Data

 

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

 

If you are located outside the United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to the United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

 

PKG will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

 

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets. You acknowledge and agree that any successor to or acquirer of PKG (or its assets) will continue to have the right to use your Personal Data and other information in accordance with the terms of this Privacy Policy. 

 

Disclosure of Data

 

Disclosure for Law Enforcement

 

Under certain circumstances, PKG may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

 

Legal Requirements

 

PKG may disclose your Personal Data in the good faith belief that such action is necessary to:

 

  • To comply with a legal obligation
  • To protect and defend the rights or property of PKG
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

 

Agents, Consultants and Service Providers

 

We may share your Personal Data with our contractors and Service Providers, who process Personal Data on behalf of PKG to perform certain business-related functions. These companies include our marketing agencies, database service providers, email service providers and others. When we engage another company to perform such functions, we may provide them with information, including Personal Data, in connection with their performance of such functions.

 

Service Providers

 

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

 

Links to Other Websites

 

The Website may contain links to other websites of interest that are not operated by us. If you click on a third party link, you will be directed to that third party's site. These third-party sites have separate and independent privacy policies. Please be aware that we are not responsible for the privacy policies of any third party websites. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party sites or services. Therefore, we have no responsibility or liability for the content and activities of these linked sites, or any information you provide while visiting those sites. We strongly advise you to be aware when you leave the Website and to read the privacy policies of each and every website that collects personally identifiable information.

 

You may choose to access PKG's Service using an account established with a social networking or email platform ("Social Logins"). The use of such Social Logins may provide PKG with access to certain personal information stored on the social networking or email platform. PKG is not responsible for the collection of personal information by any social networking or email platform or any personal information collected by a social networking or email platform as a result of a Social Login. You should review the privacy policy of the social networking or email platform prior to accessing the Service through Social Logins.

 

Security

 

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you submit sensitive information via the Website, your information is protected both online and offline. In order to prevent unauthorized access or disclosure, we have put in place commercially reasonable physical, electronic and managerial procedures to safeguard and secure the information we collect online. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its security. You are submitting information to us at your own risk.  Where a password is needed to access areas of our site, you are responsible for the safety and confidentiality of the password you generate.

 

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

 

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. PKG aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

 

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

 

In certain circumstances, you have the following data protection rights:

 

  • The right to access, update or to delete the information we have on you. Whenever made possible, you can request deletion of your Personal Data by contacting us.
  • The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.
  • The right to object. You have the right to object to our processing of your Personal Data.
  • The right of restriction. You have the right to request that we restrict the processing of your personal information.
  • The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.
  • The right to withdraw consent. You also have the right to withdraw your consent at any time where PKG relied on your consent to process your personal information.

 Please note that we may ask you to verify your identity before responding to such requests.

 You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA.

 

Controlling Your Personal Information

 You can always ask to review any Personal Information that we have collected from you, have us update, correct or delete this information or instruct us not to use this information in the future. If you wish to exercise this right, simply contact us via telephone at 760-459-1396 or paul@paulkaplangroup.com.  We do retain Personal Information in order to comply with law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigations, enforce our agreements, and take other actions otherwise permitted by law.

You may opt out of any future marketing contacts from us at any time by following the unsubscribe link or instructions provided in any email we send or by contacting us. 

We will not sell, distribute or lease your Personal Information to third parties unless we have your permission or are required by law to do so. We may use your Personal Information to send you promotional information about third parties which we think you may find interesting unless you instruct us not to do so.  However if you are requesting a referral of a real estate broker or agent outside of the typical market area serviced by PKG, you authorize PKG  to share your information with a third party.  PKG may collect a referral fee for the recipient of your information. 

Any data collected from web forms completed on this site is considered as opt-in permission to be included in our marketing database.

 

Children's Privacy

 

Our Service does not address anyone under the age of 18.

 

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

 

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

 

We will let you know via email or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

 

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

Contact Information

 

If you have questions, concerns or suggestions regarding the Privacy Policy or PKG's privacy practices, please contact us by visiting http://www.paulkaplanrealtor.com/contact.php, or by phone at: 760-459-1396.

 

 

Your Consent

 

By using our Service, you consent to our privacy policy and the collection, use and disclosure of your Personal Data for the purposes and uses identified in this Privacy Policy.