Privacy Standards and Policy for enconcommercialinc.com
Privacy Standards and Policy: EnconCommercialInc.com (“Website”) and Encon Commercial, Inc. (“Company”) adhere to a strict company-wide policy to secure your personal information submitted to the Website by You and or your agents on behalf of You. The following policies pertain to practices to protect your information and act as a guideline for the choices You make about the content, data, and information you decide to provide to the Company/Website and how the Company/Website collects and uses such information.
Definition of Personal Information: The Company defines all Personal Relevant Information is content that can identify an individual. However any business or personal information accessible by the public on internet or available within the public domain is information not deemed personal or identifiable to an individual, person or business, wherein such information may include contact information, business identification of your name, position, business address and telephone numbers, business url, and any social media information accessible without a password or access or linked through url or hyperlinks through the internet. The Website and the service platform include hyperlinks that may redirect end users to outside websites not operated by the Company. The Company cannot guarantee or control information used or distributed to outside websites not operated by the Company and/or their measures to protect personal information. The Company does not oversee, control or manage policies managed by other entities, and the Company’s privacy policies do not govern third parties and the Company cannot guarantee the safety or security by third party systems and protections of Your personal information. Your choice to click through to links operated by entities outside the Company Website is deemed your choice to expressly relinquish the Company and the Website from liability resulting from accessing outside, third party website.
Personal Information Provided by You:
A. Rules for Use Collected Information: The Company gathers relevant personal information from You for specific reasons and no more Information than is necessary to conduct the business of the Company. Personal Relevant information provided to the Company might include, your full name, email address, address, and telephone number. This information will be used by our customer relationship department but will remain confidential and secured to the best of our ability. Such relevant and personal information may be used to make contact with you to make specific offers or promotions for new services or research, and /or used by third parties affiliated with the Company for services that may benefit you. Your relevant information provided to the Company will be used for the limited purpose of employees and affiliates in performing their specific task set forth by The Company. The Company’s objectives to improve the system or offer new services may include measures to collect third party derived statistics and analytics and subsequently combine such data with information provided by You and other members. Any information collected or obtained from outside sources or providers shall be maintained securely and confidentially to the best of our ability.
B. Membership and Members’ Information: The Company strives to protect personal and relevant information submitted by you, your agents, and outside parties acting on your behalf. Additionally, You agree and understand the Company has no ability to verify the truthfulness or intent of Your Information or such information provided to the Website. All Your submitted information whether public, private and/or personal in nature provided to the Company is volunteered by You, fee free and with no warranties, licenses, or sale intended, and at which time submitted, the Information submitted by You shall become the property of the Company and Website, with all rights belonging to the Company. The Company strives to make the services functional for all members and requests that a minimum threshold of contact and personal information be provided upon signup by You to complete a personal information profile that is available for viewing by both members and in part to the public on the worldwide web for evaluation, communication, marketing, and comparative reasons. You understand and agree in that the purpose of the Website is to provide members with a professional networking platform and to display property listing information through the Website. Your submitted content, information, opinions, suggestions and comments will be saved and at the discretion of the Company used to enhance or promote the services of the Website. Additionally, information including professional profiles and property details may be displayed to the public or non-members in an effort to promote the services, expertise and property offerings which You have submitted to the Website. Upon signing up for a membership, free or paid, the Website shall require certain fields be completed to finalize such membership. Should you be unwilling to provide such information per the required fields of information, you may be prevented from finalizing and completing a membership. Should you have concerns regarding information requested by the Website, you are directed to contact our customer service team, whereby the Company might elect to include your membership in the service platform with exceptions, however, you are expressly instructed to make contact on your own accord and You acknowledge agree in that the Company maintains the right and final decision regarding any exception, inclusion or non-inclusion in the Website and subsequently membership status.
C. Statistics and Analysis of Usage: The Website collects data on your usage of the Website and services and monitors data, statistics, trends, traffic, comments or opinions in order to analyze and improve the efficacy and usage of the service platform, develop and implement a more secure system for operating, and create and promote new offerings and services. Such information or data that the Website collects to analyze or aggregate may include, the ip addresses associated with your computer, your connection information including software type, browser, url, location of your isp hardware and software, cell phone and telecommunication provider, and also usage within the Company service platform, including saved searches, surveys, preferences, search trends, use history, profile information, all data changes, additions and corrections, and also comments or opinions, as well as personal preferences.
D. Specific Requests: On occasion and at specific intervals, the Company might contact You in regards to service and/or support and may directly ask You to provide specific information or verify certain information to assist the Company staff and or technical team, which might include your login information, password information, email, or other questions regarding access. In addition, additional information may be requested or collected and saved by the Company when You access, enter or take certain actions in the Website, which might include navigation history, searches and queries, subscription to specific information, requests to receive updates via mailing, registration for specific promotions, and optional methods of providing feedback for use of the Website. Should you elect to receive periodic mailings or email updates, the Company may offer an unsubscribe function in each case to allow You to request an opt-out action regarding such request for information. By your agreement to these terms you are providing the Company with your permission and approval to the collection of your personal relevant information, and additionally, where and when provided
E. Direct Phone Contact: In an effort to confirm, enhance or complete information gathered by the company for inclusion and development purposes, the Company will engage in research using third party firms or professionals to conduct phone interviews with You as its Member as to your role, behavior, opinion in usage of the Website as a landlord, property manager, tenant, buyer, investor or broker/agent, and record telephone or other communications between You and the Company’s representatives, researchers, customer service individuals, quality control personal or sales people.
F. Credit and Payment Information: The Company offers a membership based service that may include payments by credit or debit-card by You through the Website. Such personal information associated with your credit card or debit card payments will be handled by a secured, e-commerce exchange firm of the ‘Company’ or ‘Website’ choice and the Company does not intend to permanently maintain, hold, secure or save such information. Should You have questions or concerns as to the security of payments through the Website, status of a payment, or security of your information provided to the Website in regards to a payment or transaction, you are direct to contact the Company
H. Request to Update: On regular intervals, You might be requested to update your profile and personal information, security or password or login information. In the event of a shutdown that results in lost information or lockout from part or all of the Website, a representative may contact you directly or through email to replace or refurnish such information. If you believe that your personal relevant information maintained by the Company is incorrect or incomplete, you may make a request to the Company to contact you,
I. Information Storage and Use: The Company reserves the right to store and/or process personal information on us or foreign soils or foreign territories where the Company operates and provide such information to third party service providers that specialize in data processing, collection and analysis. Furthermore, the Company may perhaps employ or engage advisors, independent contractors, suppliers, or agents, to assist in processing information to better serve the improvement of the Website or to offer products or services that are of interest to members and You. The Company policy in respect to third parties is to keep your personal relevant information confidential and secure and to use personal information only to fulfill the tasks set forth by the Company.
J Retaining Data After termination of Services: The Company retains personal information during the duration of your relationship with the Company, and Company maintains the right to retain the Information after the termination or limitation of services. Such information will be maintained by the Company at the Company’s sole discretion of method and location. In addition, should the Company be required by law, judgment or subpoena to release or divulge personal data or communications due to legal action, the Company maintains the right to do so at it sole discretion and You willingly agree to provide or furnish any missing or incomplete Information requested by such governing entities to the full extent of your ability.
K. Security Measures: The Company employs strict security measures to safeguard and protect the Personal Relevant Information collected, and the Company does not purposely request or gather information for individuals who are not Members or that are under the age of 18. However, since certain pages and portions of the Website are accessible to the internet public and not password protected, it is remote but possible, that data could be accessed by the World Wide Web without discrimination in its entirety or in part, and therefore, Members are advised to use the Website at their own risk. In the event that You should like to change or correct your personal relevant information, which you have volunteered to the Company, you are directed to contact the Company to request a status change or modification of personal relevant information.
Terms and Conditions
Utilizing this Website constitutes the users full understanding and agreement to abide by The Terms and Conditions of Membership and Service Agreement set forth below:
Encon Commercial, Inc. (herein after referred to as “the Website”) owned by Encon Commercial, Inc. (hereinafter “Company” of “Website”) and is a membership based social network for real estate professional, accessed through a dedicated Website to promote their services, to advertise properties to Members and the consumer public, to access and view Member profiles and to utilize the Website services to promote business, generate leads, provide relevant market and property information, and to provide and view opinions and reviews relating to the real estate industry.
Information and Intended Use: All such information, data, images, photographs, software, text, graphic design, videos, images, software, content, communications, reviews and opinions submitted by You through, on or via the Website (collectively referred to from hereon as “Information”), are granted at no charge by You, irrevocably, in perpetuity and royalty-free to the Company, and You acknowledge and agree that such Information may be, at the sole discretion of the Company, provided in-part or in-whole for the use and unlimited distribution on or through the Website service platform, wherein Members may view or receive such Information, and furthermore, all such Information once submitted by You is immediately owned by the Company and regarding all such information, the Company is thereby protected by local, state, federal, and international copywriter laws and may be utilized, reused, modified, sold, resold, traded, licensed and/or in any means chosen by the Company, with all rights of ownership, income and profits belonging solely to the Company.
The mission of the Website is to furnish information regarding real estate to its Members who have purchased or are granted a membership on a free or paid basis and to promote and market general information regarding properties and real estate professionals to the general consumer public. Any and all Information and services derived through this Website are offered solely for general real estate knowledge and do not constitute advice, consultation or direction of any kind on legal, tax, accounting, investment or a basis for decisions as to the viability of any lease, purchase or sale of real property and You are advised not to rely solely on any Information provide, but rather contact a professional in these areas of expertise to confirm all Information provided. The Company does not and cannot guarantee the validity or accuracy of content or Information provided by the Members and the Company is not knowledgeable of or involved with the relation or contractual nature and/or obligations between owners of properties, their real estate agents, brokers or affiliates. The Company cannot verify any information provided to the Website by Members or to the completeness or accuracy of any, Information, data, comments or incentives provided by agents or landlords. The Company first and foremost recommends that you contact the member responsible for the information directly to verify all such data, and secondly contact a licensed real estate professional or attorney in your state regarding any real estate decisions, actions or recommendations as it pertains to the application and use of Information provided within the Website.
No Implied Results or Guarantees: The Company provides the platform for Members to submit Information and expects that each Member be truthful and accurate to the best of his or her knowledge, however, all such Information provided on or through the Website or related technology service platforms by Members for Members is provided in its current form with no warranties, guarantees, or implied results, benefits or profits. All such services and Information is provided in “As-is” condition with all faults, errors and inconsistencies existing at each use, every time. You specifically waive any claim against the Company for damages or consequential damages arising from your access, entry and utilization of the Website or the Information or services provided therein or through related technology service platforms. You acknowledge that the Company and its affiliates, employees, agents and staff do not warrant or guarantee the accuracy, completeness, timeliness, reliability, or truthfulness of the Information. You acknowledge that the Information on or through the Website will not always be free of errors and might not be wholly complete, correct or accurate and that further verification and investigation on your part is an obligation on Your part and necessary before relying on the Information obtained through or on the Website. Hence, any access or use of the Information or services on or through the Website is at your own risk with no implied results.
Membership and Fees: The Website makes available to Members that have signed up for a standard membership, entry and access to the free portion of the Website, and for paid membership that have provide a Company accepted means of payment, additional services and benefits for a monthly or annual reoccurring fee. Memberships are provided to the registered Member only and via a password protected service platform that includes the following services: a referral broker/agent platform, a social network for real estate professionals and outside services, inclusion and limited use of a database of Members and a multiple listing service platform for property information and marketing efforts. Authorized Members may only access the protected service platform for that account, using a correct name, password or secure social media authentication. By your agreement, your entry and access to the Website is authenticating your personal identity and confirming your account status and use the Website. You acknowledge and agree to maintain confidentiality of your password and not share with any other person or provide unpermitted access to the Website, and furthermore, not provide or allow access to the Website to any competing real estate information company or social networking company, firm or group, and furthermore, You shall notify the Company immediately of any unpermitted use of your password or account and/or any unlawful or unpermitted access or entry to the Website.
There is no obligation to become a paid Member, none-the-less, should You pay the Membership Fee[s] and change your membership to a Paid Member status for specific services, as outlined in the Website, then and as of that date forward, You accept this agreement as if pertains to conditions of payment and to make all payments in accordance to the fees outlined in your membership status. In addition, You accept that these membership fees may be changed, increased, decrease or altered by the Company, on occasion, and at regular intervals, or upon renewal. Furthermore, You acknowledge and agree to provide billing information that is correct and complete, and to immediately update and make current, all contact and billing information, and to pay on time any fees due to the Company with a current and valid credit or debit card or an acceptable means of payment agreed to by the Company. Furthermore, You acknowledge and agree that the Company is authorized on your behalf to charge your agreed to method of payment (i.e. credit card or debit card) on regular intervals as fees become due, and/or at the time for any specific service(s). Additionally, You acknowledge and agree to a reoccurring charge on your agreed on method of payment up until you cancel your membership with the Company and fulfill your contract period. All membership cancellations shall require a fulfillment of the contract period including all payments through that period. In addition, You acknowledge and agree that at any time an agreed to method of payment with the Company is declined, that the Company, in its sole discretion, may downgrade your account with the Company to a unpaid account and remove any paid membership services, promotions, incentives, or use of premium or enhanced features from your account. Furthermore, You acknowledge and agree that the Company may terminate, interrupt, discontinue, or inhibit access to the Website, or any aspect of the Website or service platform, to You or any Member at any time. Should this event occur, You acknowledge and agree to stop using any part or portion of the Website and to destroy all parts and portions of the Information in your possession or control, and furthermore, provide the Company with written verification that you have complied and completed the above requirement.
End User Client and Affiliate Use: In utilizing this Website for any purpose, You acknowledge and agree to utilize the services and Information obtained by You from the Website will be for Your research and general information purposes only. Additionally, as a real estate service provider with “Standard” non-pay Membership and “Reoccurring payments”, Paid Membership, You and through your services to your clients, may utilize the services per your status membership for the following purposes: general market research, initial information regarding properties identified within the Website, basic marketing purposes for your services to Members and your clients, as a social media platform for real estate professionals, and voluntary inclusion and access to a referral network among Members. You acknowledge and agree that the Information obtained on or through the Website will not be commercial distributed or provided to the general consumer public either freely or for a fee, and You acknowledge and agree to limit your distribution of Information to the following format types: word processing, presentation format, spreadsheet, printed material directly to you or your clients and electronically printed or saved .pdf formats for distribution to your clients and prospective clients.
Additionally, regarding such Information, You acknowledge and agree to not imply or convey any right to your client to resell, reuse, or redistribute information provided through the Website and it is expressly prohibited to distribute, copy, reproduce information to the public or anyone not identified as your client, and not to publish, display, assign, sublicense, transfer, or convey authorization or permission to sell or rent any aspect of the Information or services provided on or through the Website. By accessing or using the Website, You acknowledge and agree to neither directly nor indirectly provide or transmit any portion of the information or services on or through the Website to a competitor of the Website or Company, including any other multiple listing services, or similar real estate information service companies, or their employees, contractors, advisers, consultants or agents. Furthermore, You shall not use the contact or email functions of the Website to spam or bulk email to its Members and it is expressly prohibited to create a Membership based on false representation as a commercial real estate profession for the purpose of marketing to the Members services that outside commercial real estate brokerage. Moreover, the Company maintains the right to ban or terminate any user, visitor, free or paid Member, for any reason at the Company’s sole discretion and maintain any and all information provided of as a result of Your use of the Website and related services.
Furthermore, You agree not use any portion of the Website, or the information contained thereon, to threaten or to make any defamatory, false, vulgar, racially, ethnically or sexually offensive comments that will be deemed a criminal offence or that jeopardize the rights of any person or Member. You acknowledge and agree to neither provide any misleading advertisement nor provide any fraudulent or deceptive Information to the Website and Your will not undertake any fraudulent, deceptive or misleading conduct based upon the information, content or services provided on or through the Website or as a submittal of Information to the Company. You acknowledge and agree not impersonate any other person or party, misrepresent your identity on or through the Website or encourage any illegal activity or violation of any of the conditions of pertaining to the use of the Website. Additionally, You acknowledge and agree to not engage in any activities that would jeopardize the security, safety, speed, or functionality of the Website, service, network, capacity or inhibit the wherewithal of the servers connected to the Website.
In the event that your utilization of the Website results in any interference of the Website functionality, platform or infrastructure, You acknowledge and expressly agree to be liable and held responsible for any damages, repairs, replacements, costs or expenses related to this interference or disruption, including and not limited attorney fees, costs to service or repair, costs to reinstate services, replace infrastructure, and/or reinforce security to services. Under these terms and conditions, You acknowledge and agree that the Company shall be entitled to material compensation, including attorney fees, costs to repair, costs to reinstate services, and reinforce security to services and that the Company shall be entitled to recover all expenses and costs, attorneys’ fees in any action seeking to recover any sums due as a result of the above mentioned or as the result of any other breach or violation of the items in this Agreement.
End User Saved Information and Downloads: Should you setup any automatic or recurring surveys, updates, notices and/or downloads or export Information from the Website, You consent to the fact and agree that any lack of or missing Information, lost or incompatibility with other software systems, or computers is at your own volition and at your risk and that you shall be solely responsible to monitor, investigate and follow up to identify any inconsistencies of Information that may have not been included in your compatibility, downloads, surveys or printouts. The Company offers “No representations or guarantees” that the current service platform or future service platform will be compatible with your system or any other third party system, browsers, printer, and furthermore, that on occasion, and on regular intervals or unknowingly, shut downs or service interruptions may occur due to upgrades which might result in lost Information or lost data and that the Company will not be responsible to replace or reconstruct Information due to an and all such lack of information or incompatibility.
Accuracy of Information: The Company means to provide accurate Information to Members, and to that objective, You acknowledge agree to review the accuracy and validity, and update the status of your profile, services, property listing information and images every sixty (60) days, and at any time requested by the Website. It is your sole responsibility to update the Website when You no longer maintain an exclusive listing with any property or if your profile Information has changes for any reason. Should the Company deem that updates are not being made by You in a timely manner, the Company maintains the right at any time to in-activate any listing or profile that is deemed to be inaccurate or have expired or perceived to no longer be associated with a Member, and re-assign any listing to another Member on the sole discretion of the Company or Website or any reason.
Confidentiality of Reports: All saved surveys and reports associated with Members’ accounts, listings or profiles are intended to be confidential, and such access to this Information is designed for the Members. It shall be understood that the Company has no access to these custom created surveys or does the Company make a policy of adding to a Member’s profile or contact information. Notwithstanding the foregoing, the Company maintains the right to compile information, statistics and trends, on the manors of use to generate reports to the Company on the viability and the utility of the Website for marketing purposes, improvements and additional services as related to the Website. In addition, the Company maintains the right to access any portion of the service platform for any and all modifications or changes, and for customer support, development, security measures, and to respond to legal proceedings if required by law.
Your Volunteered Content Royalty Free and Unconditional Grant to Company: All information existing on or through the Website is understood to be the property of the Company upon submission of the Information to the Website. All information submitted to the Company or Website by You and all Members, including data, Information, text, images, photos, graphics, links, communications, ideas, or messages and any other content, in whole or in part will be used in conjunction with the Company’s research and development teams for any purpose with all rights belonging to the Company. Furthermore, You acknowledge and agree to this fact, as evidence of accepting these terms and conditions herein, that all submitted Information shall become the property of the Company and that the Company has full authority to include or exclude any and all Information and the Company maintains the right to remove delete or block any Information provided at its sole discretion. To this effect, You acknowledge and agree that You volunteer Information and content royalty free and provide an unconditional grant to the Company and Website for such content and Information, and furthermore, You will indemnify the Company from any claims related to the violation or breach of the right to use the Information submitted by You to the Company and additionally acknowledge and agree that the Company and Website may manipulate, transfer, and or alter, transform, any content, data or Information submitted by You to adhere to the service platform configurations and or Company database. Once any data, information, text, images, photos, graphics, links, communications, ideas, or messages and any other content is submitted by You to the Company or the Website, You acknowledge and agree that You are conveying all rights to manipulate the information as need be for use within the website service platform. You warrant and represent that you have the right and authority to grant the Company the rights to use any part of the data or Information that you submit to the Company and further represent and warrant that any infringement on the rights of others relating to the data and Information that you Submit to the Company is your sole and exclusive right to do so, and that you will defend and indemnify the Company from and against any claims or litigation relating to such infringement on intellectual property. You acknowledge and agree that the submitting of any Information to the Company or to the Website shall not change existing relationship between You and the original Information provider. The Company has no obligation or responsibility to monitor the content, data or Information provided by you, as to the origin of the Information or authenticity or Your claim to ownership. However, the Company maintains the right at its sole discretion to review any submitted Information, content or data submitted by You and to both delete, destroy or alter such information at any time for any reason or save such Information indefinitely both in the active or inactive status in the Website. In addition, You expressly grant to the Company and its affiliates a license free, royalty free, perpetual, irrevocable, nonexclusive and fully sublicensed right in any service platform owned by the Company and regardless of location, to utilize, recreate, communicate, make available, justify, adapt, publish, translate, modify, display distribute, sell, rent, in part and in whole, nationally and worldwide. And furthermore, the above grant is without restriction of any sort and is provided without any royalty or payment obligation now and in the future.
Indemnification of the Company and Website, Affiliates, Owners and Officers: You acknowledge and agree to Indemnify, defend, protect and hold harmless the Company, owners, officers and its affiliates from any claims and any related damages or costs or any other liabilities relating to or arising from any Information You submit to the Website or service platform. You acknowledge and agree to cooperate as required in the defense of any claim, and not to the contrary, the Company shall maintain all rights to defend exclusively against any outside party actions at your expense. You further acknowledge and acknowledge and agree to not settle any actions without written agreement by and between the Company and the party involved in the action without the written approval and agreement by the Company to do so.
Personal information: The Company maintains a strict policy of privacy with your individual information and takes strong measures to keep your personal relevant Information secure and confidential. None-the-less, the Company cannot guarantee perfect and wholly secured information on internet or within the Website. You acknowledge and agree that the Company shall not be held liable for any costs or damages to You or other parties that are harmed due to a real or perceived breach of the security of such personal data or Information. The Company maintains the right and authorization by means of your acceptance of these terms to use your personal Information, which is provided to the Company, for any reason or purpose consistent with the purpose and business platform of the Company and Website, i.e. an online market place for commercial real estate properties, marketing, real estate information, services, a professional networking social community, and all related analytical and data purposes. Additionally, as a stipulation of access and utilization of the Website, you acknowledge and agree that the Company and Website implements and makes use of “Cookies” throughout the Website, with the express intent to collect your usage data and your statistic as it relates to the use of the Website, in order to optimize the performance and services. Your personal relevant Information and statistics, will be utilized by the Company or third party analytical and marketing firms hired by the Company to produce and demonstrate past, current and future trends of usage on the Website or service platform.
Service Research and Information Collection: The Company gathers information, trends, statistics, about specific users of the Website services for research purposes, and might conduct email and phone interviews of Members, to improve the Website performance, and develop, prepare and launch new services. By agreeing to these terms, you acknowledge and agree to, and consent to, any telephone recording and communication with the Company and its agents, customer service personnel, sales staff, for information gathering purposes.
Jurisdiction: The Company is headquartered in the State of California and the terms and use herein and any utilization of this Website or service, will be governed at and by California state laws without regards to any conflicts in the principals of the law in other locations. The state law of the California courts shall be the exclusive and sole jurisdiction for any action brought against the Company in connection with these terms and use of the service and any other matter related to the website and/or your relationship with the Company. You irrevocably consent and fully agree that the jurisdiction of state and federal courts be located in the state of California and any such action will be held in Los Angeles, California.
International Claims: If any aspect of the Website or services are in violation or breach of the laws in place of your country, state, or city, where you have access to Information, and or should its service not be intended for your use, You are instructed to refrain from using the Website and instructed to comply with laws in your jurisdiction.
Right to Change Terms and Modify Services: The Company maintains the right to modify or discontinue any product or services with or without notice, and You acknowledge and agree that the Company shall not be legally responsible to you, your agents or any other party for any change in services or termination in whole or in any part. As a stipulation of the continued access, entry and use of this service, You acknowledge and agree that on a regular basis, to reread the terms herein of the Website, service and look for any changes that may affect Your membership or You and cancel your membership if you should not agree to such changes. Your continued utilization of this service following any notices or posting of changes to the terms or conditions offered to You conveys your acceptance to any changes and any modifications.
Termination, Limitation or Suspension of Services: The Company maintains the right to terminate this agreement for any reason, and in its sole discretion, determine if any refund, in part or in whole, will be remitted to You.