Privacy Policy

C.W. Clark Inc. and its subsidiaries and affiliates ( “We,” “Us” or “Our”) created this Privacy Policy to demonstrate Our commitment to protecting the privacy of visitors (“Users,” “User” or “You”) to Our home page located at cwclarkinc.com (the “Web Site”). This Policy applies to information collected via the Web Site. information collected via each C.W. Clark Inc. agent’s website located at [AGENT’S NAME].cwclarkinc.com (collectively called the “Web Sites”), and information collected through the C.W. Clark Inc. mobile application (“App”).

We will collect information only from people over the age of 18.

For purposes of this Privacy Policy, “Personally Identifiable Information” means information that on its own, or in combination, identifies You as an individual, and includes, but is not limited to, your name, email address, phone number(s), mailing address, and age. “Non-Personally Identifiable Information,” referred to in this Privacy Policy as “Non-PII,” is anonymous data that includes Your Internet Protocol (IP) address, browser type, domain type, and web pages visited.

You may be required to provide Us with certain information when using portions of the Web Site. You agree that the information You provide will be true and accurate. You consent to Our verifying any information that You provide.

Information You Provide — How We Collect and Use It

Information You Provide During Registration:

Some of Our Web Sites include registration forms that require You to give Us the following Personally Identifiable Information in order to register: contact information (like Your name), unique identifiers (like Your email address), and demographic information (like Your Zip code or age). We use contact information from registration forms to send You information related to Our products and services if You consent to receiving such mailings. Your contact information may also be used to contact You when necessary for administrative purposes related to Your account. We use Your email as a unique identifier in our record system, to verify communications from You, and to send You newsletters and promotion offerings that You ask to receive or to tell You about changes to the Web Site.

Sharing with Affiliates and Business Partners.

To provide you with the best products and services, We team with business partners. When You indicate that You want to receive a product or service, or contact a person or organization, We share the data needed for You to receive that product or service or make that contact. Occasionally, We hire consultants who may need access to Our member database to perform their services for Us. We may contract with outside companies to administer our mailing lists or provide retail services. Your Personally Identifiable Information may be shared with an outside company for the sole purpose of administering the products, services and programs You have selected.

We may disclose Your Personally Identifiable Information to comply with the law, government orders, court orders, or legal process served on Us or to protect and defend Our property, rights or Users. Further, in the unlikely event that C.W. Clark Inc. merges with or is acquired by another business entity or some or all of its assets are acquired, your personal information will necessarily be a business asset that is acquired in the transaction.

Email Services: Opting OutIf You take advantage of any email notification features on Our Web Sites, You will receive email updates as described in the service. We provide You with the opportunity to opt-out of receiving communications from Us. To remove Your name from an email service, simply click on the “Unsubscribe” link at the bottom of the email and type in Your information. If You have any questions regarding privacy on Our Web Site, You may email Us.

We Collect to Provide You with a Customized Online Experience – Non-PII

IP Address. An IP or “Internet Protocol” address is a number that is automatically assigned to Your computer whenever You are surfing the Internet. Web servers automatically identify Your computer by its IP address. Your IP address and other site usage data are used to gather broad demographic information. This data helps Us serve You by allowing Us to understand how visitors use our Web Sites. We normally do not link IP addresses to Personally Identifiable Information, which means that Your session will be logged, but You remain anonymous to Us. We can and will use IP addresses to identify You when We feel it is necessary to enforce compliance with Our Terms of Use or to protect Our service, Web Site, customers or others.

Cookies.

Our Web Sites use a technology called “cookies,” small files stored by Your browser to help keep track of Your user profile. Our cookies do not collect Personally Identifiable Information. We use cookies to remember Your personal profile for Your convenience, to deliver content specific to Your needs and interests, and to ensure You do not see the same ad repeatedly. We also use cookies to track User trends and improve areas of Our Web Sites that Our Users find valuable. Our trusted affiliates and partners may use cookies or related technologies to obtain Non-PII from You for purposes of delivering relevant advertising content to You after You leave our Web Site.

Opting Out of Cookies.

The use of cookies is an industry standard found at most major web sites. You do have control over cookies. You can manually delete cookies and/or change Your browser settings to not allow cookies to be placed. Please be aware that some portions of the Web Sites may not function properly, or Your online experience may be disrupted, if You disable or delete cookies. For more information on cookies, please see Information about Cookies.

Data Enhancement

Data Enhancement. We obtain aggregated demographic information such as age, income, and household composition from our business partners to better understand our customers and improve our products and services. This aggregated demographic information does not identify You individually.

C.W. Clark Inc. Mobile Application

Collection of location data. When You download and use the C.W. Clark Inc. App, the App requests access to Your mobile device’s global positioning system (“GPS”) location. The App uses the GPS location of your mobile device to deliver information about open houses and homes for sale near that location. This location information is stored on Your mobile device. We do not have access to that stored information, and do not interact with it in any way. If You decline to give the App access to Your GPS location, You will not receive this precise information. If You allow the App to access Your GPS location, You can later change the settings if You so desire.

Security.

We are concerned with the security of Your Information. We use our best commercially reasonable efforts to safeguard the confidentiality of your Personally Identifiable Information and Non-PII, using devices like firewalls and Secure Socket Layers. Unfortunately, no data transmission over the Internet is guaranteed to be 100% secure. As a result, We cannot ensure the security of any information You transmit to Us or receive from Our online products or services. Accordingly, You transmit and receive information at Your own risk.

Personal Tools and Discussion Groups

Certain products on Our sites allow You to store Your Personally Identifiable Information for future use. We do not share this information with third parties, other than as set forth above. 7.2 We offer Discussion Groups for the use of Our Users and prospective customers. We moderate these Discussion Groups that cover a wide range of topics. You should be aware that information disclosed in these Discussion Groups is made available to all Discussion Group members and thus becomes public information. You should exercise caution when deciding to disclose any Personal Identifiable Information.

Surveys

We may survey Users for contact information, unique identifiers and demographic information. You are never required to answer these questions. The information You submit may be used for analyzing overall Web Site demographics, preferences and tastes, and similar “getting to know Our customers” purposes. We may disclose this data to third parties in an aggregated form (such as summary reports for our advertisers) but never with User Personally Identifiable Information.

Outside Links

While on the Web Site, You may choose to follow links to other web sites. Be aware that other sites may collect data and personal information and operate according to their own privacy practices. Please remember that once you are outside of Our Web Site or Web Sites, any information You submit is outside of Our control.

Children

The Web Sites are not targeted or directed at children under the age of 13 and We do not knowingly or intentionally collection Personally Identifiable Information or Non-PII from children under the age of 13. If You believe that a child under the age of 13 has provided Us with his or her information, please notify Us immediately.

Changing your Personal Information

You may update, correct or delete your personal information, by contacting us at C.W. Clark Inc., 11772 Sorrento Valley Rd Suite 100 San Diego, CA 92121.

Disclaimer

THE WEB SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY REGARDING THE QUALITY, PERFORMANCE, OR FUNCTIONALITY OF THE WEB SITE OR REGARDING THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE WEB SITE OR THAT THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. C.W. Clark Inc. MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE WEB SITE WILL BE VIRUS-FREE. C.W. Clark Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THESE STATES, C.W. Clark Inc.’S LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Notices

We reserve the right to change the information, features, products, policies, promotions, disclosures and disclaimers on the Web Site at any time. Please check the policy periodically for changes. At the beginning of the policy we indicate the date of an update to the Privacy Policy. The continued use of the Web Site following the posting of changes to this Privacy Policy will mean you accept those changes. Except as explicitly stated otherwise, (i) all notices to C.W. Clark Inc. shall be made by postal mail to C.W. Clark Inc., 45 Prospect Street, Cambridge, MA 02139. Attn: Legal Department and (ii) all notices to You shall be made by postings to Our Web Site. Alternatively, we may give you notice by sending an email to the email address You provided us when registering. In the case of email, notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. In the case of postal mail, notice shall be deemed given 3 days after the date of mailing.