Privacy Policy

Thank you for using Total Brokerage! The web site located at www.totalbrokerage.com (the “Site") is owned and operated by Brokerage Management Solutions, Inc. (referred to as the “Company" or “we”) whose contact information is located at www.totalbrokerage.com. We respect the privacy of each user of the Site (referred to as "you" “your” or "a user"), whether you are just beginning your real estate transaction or have previously visited our Site.

This privacy policy was last updated on May 20, 2017. We reserve the right to modify or amend this policy at any time by posting the revised Privacy Policy on our Site. If we modify, amend, or otherwise revise this policy, we will revise the date. This Privacy Policy is effective as of the most recent date it was amended. We encourage you to periodically review this Privacy Policy for the latest information on our privacy practices.

This Privacy Policy gives you specific information about how we protect your privacy, how we treat your Personal Information, and how we use aggregated information. BY REGISTERING FOR OR USING THE SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU CANNOT USE THE SITE. We reserve the right to modify this Statement at any time by posting a notice on the Site's home page. (If we consider it appropriate, we may also provide additional notice of significant changes.) Your use of the Site after the date of the last modification listed at the beginning of this Privacy Policy indicates to us that you agree to the changes.

Location of Servers and Transfer of Information to the United States.
The Site is hosted by servers in the United States and as such, the Site is governed by United States Law. If you are located outside of the United States, your Personal Information will be transferred to the United States. By submitting your Personal Information, you consent to its transfer to the United States and to its storage, processing, and use there in accordance with this Privacy Policy and the United States law.

Scope of this Privacy Policy.
This Privacy Policy applies to your use of this Site only. We do not own, operate or control the web sites of our Franchisees or sales associates. Accordingly, this Statement does not apply to a Franchisee's or sales associate's web site or to a Franchisee's or sales associate's collection, use, storage and disclosure of your Personal Information.

1. What is Personal Information?
Personal Information is information collected online by the Company that identifies the person to whom such information pertains, including without limitation, name address, telephone number, and e-mail address.

2. Collection and Use of Your Personal Information.
(a) Personal Information. We collect your Personal Information on the Site in order to enhance the services we offer you. We collect Personal Information from you only when you voluntarily submit it in order to obtain certain services or information, including: (i) registrations for special communications, such as saving a search for you and, but only if you request it, sending you new listings that fit the profile of your saved search; (ii) requests to find a property, to list your property, and to find a sales associate; (iii) requests to contact us; (iv) requests to receive periodic industry updates; and (v) requests to email a listing to a friend.

We may also use the Personal Information to inform you about other services and products that may be available through us, our family of companies, and/or companies with which we have a marketing relationship, and to provide you a customer survey to assess your satisfaction with our services and products.

(b) Non-Personal Information. Even if you do not send us any Personal Information, we collect information about how you use our site (“Non-Personal Information”). This information cannot be used to identify you personally and is explained in more detail below.

(c) What is Non-Personal Information? Like many sites, we obtain Non-Personal Information such as IP (internet protocol) addresses, browser types, the name of your ISP (internet service provider), information about where a user comes from before arriving at our Site, what pages a user visits, the order of those pages, and the amount of time spent on each. A vendor performs this service for us by sending a cookie to gather this information, compile it, and report to us.

(d) Use of Non-Personal Information. We use Non-Personal Information to customize the advertising and content you see, improve our services, conduct research, and provide anonymous aggregated reporting for internal audits and third-parties.

(e) Cookies. A cookie is a small data file, often including an anonymous unique identifier that is sent from a web site's computer and stored on your computer's hard drive. Use of cookies is common on the Internet. A web site can send its own cookie to your browser if your browser's preferences allow it, but (to protect your privacy) your browser permits a web site to access only the cookies it has already sent to you, not the cookies sent to you by other sites. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. (Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences.) You can reset your browser to refuse all cookies or indicate when a cookie is being sent. But if you refuse cookies, some parts of the Site will not function properly and may not provide services or information you have requested. For example, without cookies, we will not be able to provide you with searches that you have asked us to save.

(f) HTML Emails. The Company may also use "message format" and "message open" sensing technologies to enable The Company to recognize whether you have enabled your email program to receive HTML emails. If so, this information is associated with your email address so that we can send subsequent messages to you in HTML format. The "message open" sensing technology allows us to recognize whether you have opened our email messages. We can only detect this if you have enabled your email program to receive HTML emails.

(g) Use of Information With Respect to Third Parties. We reserve the right to share your Personal Information with our affiliated companies and marketing partners as permitted by law, in order to fulfill our commitment of providing you with full service real estate services. We do share your Personal Information under the following circumstances:

(i) Third party vendors we engage to provide services on our behalf, such as hosting, web-site development, and support, have access to Personal Information, but they have agreed not to disclose the Personal Information or to use it for any purpose other than providing the requested services.

(ii) There may arise special circumstances where it is necessary for us to disclose and use Personal Information and Non-Personal Information, such as: to enforce this Privacy Policy or any other part of our Terms of Use; to protect our property or rights; to protect the safety of anyone; to investigate, prevent, or take action regarding illegal or improper activities; to carry out a merger or consolidation with another entity, a sale or transfer of some or all of our assets, or any similar transaction; or for other reasons we determine in good faith are necessary, appropriate, or required by law, such as when we respond to subpoenas, court orders, or other legal or administrative process.

(h) Opt out Preferences and Service Related Emails. We will also send you service related email announcements on rare occasions when it is necessary to do so. For instance, if our service is temporarily suspended for maintenance, we might send you an email. You do no have an option to opt out of these emails, which are not promotional in nature.

3. Security.
Our hosting service maintains its systems in accordance with reasonable industry standards to reasonably secure the information of its customers against unauthorized access, accidental or intentional manipulation and loss. However, no data transmission over the Internet can be guaranteed to be 100% secure and you use the Site at your own risk.

4. Correction/Updating Personal Information.
If your Personal Information changes or if you no longer wish to use the Site, you may correct or update your Personal Information or unsubscribe from any industry updates you have requested by modifying or deleting your profile on the Site or sending an email to support@totalbrokerage.com.

5. Children.
The Company markets our products and services exclusively to adults. This Site is not directed to children and or minors under the age of 18 (“Children”), and we do not knowingly collect any information, including Personal Information, from Children.

6. Links to Third-Party Websites.
If you hold your mouse over a link, it will indicate whether clicking the link will send you off our Site. When you click on links on this Site that take you to third-party website(s), you will be subject to the third parties' privacy policies. The Company cannot and does not accept responsibility for the content or actions of any third-party website(s). We encourage you to read the posted Privacy Policy of every site you visit, whether you are linking from our site or browsing on your own. When you visit the Site or other third-party websites via links on the Site, depending on your browser settings and/or configurations and/or the sites you visit, some third-party sites may collect information about your online activities and browsing habits. The Company does not control the information these third parties collect about you and your online activities and we are not responsible for the privacy practices of those other web sites and we expressly disclaim any liability for their actions, including actions relating to the use and disclosure of Personal Information by those third parties.

7. Governing Law.
This Privacy Policy is governed by the laws of the State of Florida without giving effect to any principles of conflict of law. All claims arising out of or relating to this Privacy Policy or the Site’s Terms of Use will be litigated exclusively in the federal or state courts of Palm Beach County, Florida, USA, and you and the Company consent to personal jurisdiction in those courts.

8. Comments and Questions.
If you do not want to receive e-mail or other mail from the Company, please contact us at support@totalbrokerage.com. If you do not want to receive legal notices or other communications from the Company, it is your responsibility to review and monitor the Site for such notices and communications. If you have any questions or concerns about this Privacy Policy, please contact us.