Effective date: April 15, 2022
Information We Collect from You
When you use or access the Website, we may collect or receive personal information. The types of personal information we collect depend on the product or service you use. This information may include the following:
Information about you: You may provide us with information about you when you use the Website. This information may include the following:
- Contact Information: Contact information, such as name, alias, email address, phone number, and mailing address.
- Business Information: Business contact information, if applicable, such as name, phone number, or website and any contact information for your identified business representative.
- Account Access Credentials: When you create an account through the Website, you may be asked to provide account access credentials such as a username, password, and email address.
- Real Estate Interests: Information about your real estate buying or selling interests, such as your desired zip code and the types of properties in which you are interested.
- Other: Any other information you choose to provide when you contact us or otherwise engage with us through the Website.
Information we collect automatically: We also may collect certain other information automatically when you visit the Website, such as the following:
- Browser and Device Information: Certain information is automatically collected by most websites, such as information about your device and your browser. For example, we may receive device identifiers such as IP address and MAC address, operating system type and version, and Internet browser type and version.
- Search Engine and Other Referrals: When a third party refers you to our Website, such as clicking on a link to our page from a Google search, or clicking on an online ad for our services, we will receive some information about your device and your interaction with the referring site or content.
- Location Information: We may receive your approximate location or data that indicates your approximate location, such as your IP address.
- Email Analytics: To help us gauge the effectiveness of our communications, we use common digital tools that allow us to see if you opened an email we sent or visited a link in those emails.
Why We Use and Disclose Personal Information
We may use and disclose personal information that we collect about you for purposes that include the following:
- Providing the Website and supporting the features available to you, such as putting you in touch with a real estate professional.
- Personalizing your digital experience with us, such as enhancing features and designing relevant alerts, products, or services.
- Understanding how you and our clients use our Website and to determine what features and services may interest you and our clients.
- Operating and improving our organization and our services.
- Verifying your identity.
- To communicate with you and others, including responding to requests and providing promotional content.
- To communicate with or manage our relationships with our real estate agents and brokers.
- Troubleshooting, de-bugging, and otherwise addressing issues that may arise with the functionality of the Website.
- Protecting the legal rights, property, safety, and security of records or information, users of the Website, our organization and others, including detecting and preventing fraud, misuse of the Website, and other unauthorized activity.
- To engage in institutional risk control or resolve consumer disputes.
- Complying with industry standards, applicable law, judicial or legal process, any properly authorized civil, criminal, or regulatory investigation, or any subpoena, court order, or summons issued by a competent authority, including responding to any government or regulatory request, and consistent with other purposes authorized by law.
- For such purposes as we may separately describe when or prior to collecting personal information or in notices that are presented to you through your use of the Website. We also may disclose personal information for such purposes that you otherwise authorize.
We also may aggregate or de-identify personal information. Aggregated or de-identified information will not be subject to this Policy and will be used to the extent permissible under applicable law.
With Whom We Share Your Information
We may disclose personal information:
- To our affiliates and business partners, such as mortgage and title companies that provide services that may be of interest to you.
- To our Fathom Realty real estate agents and brokers.
- To our service providers and other third parties we use to support our organization and the Website.
- To government agencies or other judicial, legal, or regulatory bodies.
- To other organizations, such as a buyer or other successor in interest, in the event of an actual or potential merger, divestiture, restructuring, reorganization, dissolution, or other sale, exchange, or transfer of some or all of our assets, including as part of bankruptcy, liquidation, or similar proceeding.
- We may disclose information to any organization as separately described when or prior to collecting personal information or that we identify in privacy notices that are presented to you through your use of the Website. We also may disclose personal information to organizations with your authorization or permission, such as when we request your consent to share information and you agree.
We respect your privacy and offer choices regarding our collection and use of your personal information.
- You may choose not to provide the personal information we request. However, not providing information we request may restrict your ability to use certain features of the Website. For example, we will not be able to provide you with most of the features available through our Website if you do not create an account or provide us with information with which to contact you about your real estate needs.
- You may opt out of promotional emails using the opt-out mechanism provided with those messages.
- You may edit your profile. You may choose to edit most of the information in your profile by logging in to your account.
- You may be able to restrict the collection of personal information or functionality through your device’s operating system or by disabling cookies but doing so may prevent you from using the functionality of the Website. Some Internet browsers have a “do-not-track” feature that let you tell websites that you do not want to have your online activities tracked. At this time the Website does not respond to browser “do not track” signals. We may allow third parties to use the Website to collect personal information about your online activities over time and across different websites, applications, and other online products or services.
We maintain safeguards intended to protect the personal information collected through the Website. The security of your personal information also depends on you. You should keep your access credentials confidential and make sure your devices and software are up-to-date to ensure the latest security measures are installed.
Links to Other Websites and Services
We may provide links to other websites and services for your convenience. For example, we many provide links to mortgage companies or title insurance companies in case those services are of interest to you, or links to our affiliate companies’ websites. Those sites and services are not subject to this Policy. The operators of the linked websites and services may have posted their own privacy policies that you should review to learn more about their privacy practices.
Changes to this Policy
We may update this Policy to reflect changes in our privacy practices at any time and without prior notice to you. When we do so, we will update the Effective Date of the Policy, above. We encourage you to periodically review this Policy for the latest information on our privacy practices.
If you have any questions or comments about this Policy or our privacy practices, please contact us at: [email protected].
Additional Information for Residents of California
This section of the Policy applies only to individuals who reside in California (as used in this section, “California Residents” or “you”) and to our processing of particular California Residents’ or their households’ personal information (“California Personal Information”) that we collect through any means, including the Website and other online and offline methods. California Personal Information does not include, and this section of the Policy does not apply to, information that is subject to exceptions from the California Consumer Privacy Act of 2018 (“CCPA”), including:
- Deidentified or aggregated California Personal Information; and
- Personal information reflecting a communication or a transaction between Fathom and a California Resident, where the California Resident is acting as an employee, owner, director, officer, or contractor of an organization seeking to obtain, or obtaining, services or products from us, and the communication or transaction occurs solely in that context.
Additionally, this section of the Policy applies only to the extent we direct the purposes and means of California Personal Information processing and otherwise qualify as a “business” under the CCPA.
A. California Personal Information We Collect and the Purposes for which We Collect It
We may collect, and may have collected in the preceding 12 months, the categories of personal information described above in the “Information We Collect and How We Collect It” section of this Policy, which include:
- Identifiers, including online identifiers
- Characteristics of protected classifications under California or federal law (e.g., age, race, gender)
- Commercial information (e.g., products or services purchased or other purchasing or consuming histories or tendencies)
- Internet and other electronic activity information
- Inferences drawn from your activity
- Geolocation data
- Sensory data, including audio information
- Professional or employment-related information
- Other categories of personal information described in California law
- Inferences drawn from any of the categories of information above to create a profile about a California Resident reflecting the California Resident’s preferences, characteristics, psychological trends, or predispositions
We may use these categories of California Personal Information for the purposes set out in the “How We Use Your Information” section of this Policy.
B. Sources of California Personal Information We Collect
We may collect California Personal Information:
- directly from California Residents;
- automatically and indirectly from California Residents, such as through logging and analytics tools, cookies, pixel tags, and other similar technologies;
- from our affiliates;
- from Fathom Realty real estate agents and brokers; and
- from third parties, such as mortgage and title companies; our service providers and business partners; and our clients.
C. Sharing of California Personal Information for a Business Purpose
In the preceding 12 months, we may have disclosed the categories of Californi a Personal Information listed below to the categories of third parties identified below for a business purpose:
- Identifiers, including online identifiers—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Characteristics of protected classifications under California or federal law—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Commercial information—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Internet and other electronic activity information—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Inferences drawn from your activity—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Geolocation data—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Professional or employment-related information—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Sensory data, including audio information—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Other categories of personal information described in California law—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
- Inferences drawn from any of the categories of information above to create a profile about a California Resident reflecting the California Resident’s preferences, characteristics, psychological trends, or predispositions—with our affiliates, service providers, and Fathom Realty real estate agents and brokers.
D. Sales of California Personal Information
In the preceding 12 months, we have not sold California Personal Information. We do not sell Cal ifornia Personal Information, and we do not have actual knowledge that we sell California Personal Information of California Residents under 16 years of age.
E. California Personal Information Rights and Choices
The CCPA provides California Residents with specific rights regarding their California Personal Information. This section describes those rights and explains how to exercise them.
- Access to Specific Information and Data Portability Rights. You have the right to request that we disclose certain information to you about our collection, use, and disclosure of your California Personal Information over the past 12 months. If we receive and confirm a verifiable consumer request from you pursuant to the “Exercising Access, Data Portability, and Deletion Rights” section below, we will disclose to you, depending on the scope of the request:
- The categories of California Personal Information we collected about you.
- The categories of sources for the California Personal Information we collected about you.
- Our business or commercial purpose for collecting California Personal Information about you.
- The categories of third parties with which we share your California Personal Information.
- The specific pieces of California Personal Information we collected about you.
- If we disclosed your California Personal Information for a business purpose, a list of the categories of third parties to whom we disclosed California Personal Information for a business purpose identifying the categories of California Personal Information disclosed to those parties in the preceding 12 months.
- Deletion Request Rights. You have the right to request that we delete your California Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request pursuant to the “Exercising Access, Data Portability, and Deletion Rights” section below, we will delete your California Personal Information from our records in accordance with CCPA requirements, unless an exception applies.
- Exercising Access, Data Portability, and Deletion Rights. To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request by either:
- Calling us at 877.704.1766
- Emailing us at [email protected]
Only you, or an agent that you authorize to act on your behalf, may make a verifiable consumer request related to your California Personal Information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. Your request must provide information sufficient to verify you are the person about whom we collected California Personal Information. In order to verify your request, we may ask you to provide information such as your first and last name, address, email address, phone number, and any other information necessary to verify your identity. Your request must also include sufficient detail for us to pro perly understand, evaluate, and respond to it.
You may designate an authorized agent to submit requests on your behalf through a valid power of attorney in certain circumstances or through signed written permission that authorizes the agent to act on your behalf. We may require additional information when requests are submitted through an authorized agent, such as requiring the submission of signed written permission for the agent to act on your behalf, requiring you to verify your identity directly with us, and requiring you to confirm the authorized agen’s permission to act on your behalf directly.
We cannot respond to a request or provide you with California Personal Information if we cannot verify your identity or authority to make the request and confirm the California Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, if you have a password-protected account with us we consider requests made through that account sufficiently verified when the request relates to California Personal Information associated with that specific account.
Any disclosures we provide will only cover the 12-month period preceding our receipt of the verifiable request. If we cannot fulfill, or are permitted to decline, your request then we will alert you or your authorized representative. For data portability requests, we will select a format to provide your California Personal Information that is readily usable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision. We reserve the right to either refuse to act on your request or charge you a reasonable fee to complete your request if it is excessive, repetitive, or manifestly unfounded.
- Non-Discrimination. You have a right to not receive discriminatory treatment for exercising your access, data portability, and deletion rights described above. Except to the extent permitted by the CCPA, we will not deny you, or charge you different prices or rates for, goods or services or provide a different level or quality of goods or services for exercising the rights described above.
Rights Under California Shine the Light Law
California residents who have an established business relationship with us for personal, family, or household purposes may request certain information regarding our disclosure of certain personal information to third parties for those parties’ own direct marketing purposes. If you are a consumer who has such an established business relationship with us and wish to make such a request, please send us your written request by mail to:
- Fathom Realty
- 2000 Regency Parkway, Suite 300
- Cary, NC 27518