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FORK-CCPA"
<br />CALIFORNIA �. CALIFORNIA CONSUMER PRIVACY ACT ADVISORY ASSOCIATIONe (C.A.R. Form CCPA, 12/19)
<br />OF REALTORS
<br />As of January 1, 2020, the California Consumer Privacy Act (commencing with Civil Code § 1798.100) ("CCPA") grants to
<br />California residents certain rights in their private, personal information that is collected by companies with whom they do
<br />business. Under the CCPA, "personal information" is defined broadly to encompass non-public records information that
<br />could reasonably be linked directly or indirectly to you, including, potentially, photographs of or sales information about your
<br />property. Some of your personal information will be collected and likely shared with others during the process of buying
<br />and selling real estate. Depending on the situation, you may have the right to "opt cut" or stop the transfer of your personal
<br />information to others and request that certain businesses delete your personal information altogether. Not all businesses you
<br />Interact with are required to comply with the law, primarily just those who meet the criteria of a covered "Business" as set forth
<br />in Section 1798.140 (c). For more information, you may ask your Broker for a copy of the C.A.R. Legal Q&A on the subject.
<br />A real estate broker is likely to submit personal information to a Multiple Listing Service ("MLS") in order to help find a buyer
<br />for a seller's property. Through the MLS, the information is made available to real estate brokers and salespeople, and
<br />others. Even after a sale is complete, the MLS distributes sales information to the real estate community. Brokers, agents
<br />and MLSs may also share your personal information with others who post the personal information on websites or elsewhere,
<br />or otherwise use it. Thus, there are various service providers and companies in a real estate transaction who may be engaged
<br />in using or sharing data involving your personal information.
<br />If your broker is a covered Business, it should have a privacy policy explaining your rights on its website and giving you an
<br />opportunity to request that personal information not be shared, used and even deleted. Even if your real estate brokerage is
<br />a covered Business, it needs, and Is allowed, to keep your information to effectuate a sale and, by law, is required to maintain
<br />such information for three years to comply with regulatory requirements. Not all brokers are covered Businesses, however,
<br />and those that are not, do not have to comply with the CCPA.
<br />Similarly, most MLSs will not be considered a covered Business. Instead, the MLS may be considered a Third Party in the
<br />event a covered Business (ex: brokerages, real estate listing aggregation or advertising internet sites or other outlets who
<br />meet the criteria of covered Businesses) exchanges personal information with the MLS. You do not have the right under
<br />the CCPA to require a Third Parry to delete your personal information. And like real estate brokerages, even if an MLS is a
<br />covered Business, MLSs are also required by law to retain and make accessible in its computer system any and all listing
<br />and other information for three years.
<br />Whether an MLS is a covered Business or a Third Party, you have a right to be notified about the sharing of your personal
<br />information and your right to contact a covered Business to opt out of your personal information being used, or shared with
<br />Third Parties. Since the MLSs and/or other entities receiving your personal information do not have direct contact with buyers
<br />and sellers and also may not be aware of which entities exchanging personal information are covered Businesses, this form
<br />is being used to notify you of your rights under the CCPR and your ability to direct requests to covered Businesses not to
<br />share personal information with Third Parties. One way to limit access to your personal information, is to inform your broker
<br />or salesperson you want to opt -out of the MLS, and if so, you will be asked to sign a document (Form SELM) confirming your
<br />request to keep your listing off the MLS. However, if you do so, it may be more difficult to sell your property or obtain the
<br />highest price for it because your property will not be exposed to the greatest number of real estate licensees and others.
<br />I/we acknowledge receipt of a copy of this California Consumer Privacy Act Advisory.
<br />Buyer/Seller/Landlord/Tenant
<br />Date Sep 7, 2021
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<br />CCPA 12119 (PAGE 1 OF 1)
<br />oI CALIFORNIA CONSUMER PRIVACY ACT ADVISORY (CCPA PAGE 1 OF 1)
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