Terms of Use & Privacy Policy


This Terms of Use & Privacy Policy (this “Policy”) governs your use of all websites administered or operated by FirstService Residential and its parent company, FirstService Corporation (collectively, “Company”, “We”, “Us” or “Our”).  If you do not agree with all of the terms of this Policy, you should not use, browse or otherwise access any of Our websites (collectively, “Company’s Websites”, and each, a “Website”).  By browsing or using any of the Company’s Websites, you signify your agreement to this Policy.

TERMS OF USE

All content contained on the Company’s Websites (collectively, “Content”), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is Our property or the property of Our licensors, and the compilation of the Content on the Website is Our exclusive property, protected by United States and international copyright laws, treaties and conventions. 

We grant you a personal, limited, non-exclusive and revocable license to access and make personal use of the Content in conjunction with your use of the Company’s Websites.  No other uses of the Content are authorized or permissible without Our express written consent.
You represent, warrant and agree that: you own or otherwise control all of the rights to all data and information that you post or send to us; that all such information is accurate; use of such information does not violate the terms of this Policy or the rights of any third party and will not cause injury to anyone; and, you will indemnify Us and Our affiliates and designees from and against all claims arising out of, resulting from or relating to any such information. We have the right (but no obligation) to monitor, edit or remove any activity or content involving you. We have no responsibility, and assume no liability, for any information or data posted or sent by you or by anyone else.

The content is provided “as is” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions or features contained in any Website or the Content will be free of viruses or other harmful components.  We make no representations or warranties regarding the use, or the results of use, of any Content, product or service displayed on, offered, made available through, or otherwise related in any way to any Website.

A Website may offer users the ability to utilize the services of third party providers, such as credit card processing services that are necessary to complete association-related dues or payments through the Website.  All issues involving transactions between a third party service provider and you must be handled with the applicable provider.  The Company may try to facilitate the resolution of any such issues, however, you understand and agree that the Company has no control over, or liability for, the acts or omissions of third party providers.  You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, Content and materials contained on or accessible through the Company’s Websites and any third party sites and services.   We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction.

UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE COMPANY’S WEBSITES OR ANY CONTENT OR FUNCTIONS THEREOF, OR (B) ANY PRODUCTS OR INFORMATION OBTAINED ON OR THROUGH THE COMPANY’S WEBSITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FROM: PERSONAL INJURY; DOWNLOADING ANY MATERIAL CONTAINED ON OR ACCESSED THROUGH THE COMPANY’S WEBSITES; ANY UNAUTHORIZED ACCESS TO ANY INFORMATION ON THE COMPANY’S WEBSITES AND/OR SUBMITTED BY YOU TO OR THROUGH THE COMPANY’S WEBSITES; AND/OR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE COMPANY’S WEBSITES OR $100.00.

The interpretation and enforcement of this Policy shall be governed under the laws of the State of Florida.  The sole and exclusive venue for any and all issues, claims or causes of action arising from or related to this Agreement shall be Broward County, Florida. 

PRIVACY

We respect your privacy.  This Policy informs you of Our privacy practices, and of the options you have with regard to how your personal information is collected and used by any website administered or operated by Us.

We self-certify the privacy policies described below in accordance with the U.S.-E.U. Safe Harbor principles, specifically, Notice, Choice, Onward Transfer, Access and Accuracy, Security, and Oversight/Enforcement. 

More information about the U.S. Department of Commerce’s Safe Harbor Program can be found at http://www.export.gov/safeharbor.


Application

This Privacy Policy applies to all websites administered or operated by the Company (“Company’s Websites”), as well as all website-based transactions in which We collect Personal Information (as defined below) from residents at the communities that We manage.  Moreover, this Privacy Policy applies to all Personal Information (defined below) received by Us in any format including electronic, paper or verbal.  We will not sell or share this information with third parties in ways different than what is disclosed in this Policy.
 
As described below, the Company’s Websites may contain links to third-party sites for your convenience and/or information. If you access those links, you will leave the Company’s Website and be re-directed to a third party site.  We do not control the privacy practices of those third party sites, which may differ significantly from Our privacy practices.  We do not endorse or make any representations about third party websites, and the personal data you choose to provide to third party websites is not covered by this Policy. We encourage you to review the privacy policy of any website or business before submitting your Personal Information online.

 
Collection of Personal Information

For the purposes of this Policy, “Personal Information” means any information that identifies, or could reasonably be used by or on behalf of the Company to identify, you.  Personal Information does not include information that is encoded or encrypted, and it does not include publicly available information that has not been combined with non-public Personal Information.  Similarly, information that is provided in the aggregate and in a de-identified manner is not Personal Information.
 
Among other things, your Personal Information may include your first and last name, your email address, your physical address, and your contact telephone number.  Personal Information may come from a variety of sources, including information We obtain from Our partners and affiliates, and information you provide voluntarily to us through community registration forms, online forums, etc.

 
Use of Your Personal Information

Currently, the Company uses your Personal Information only to provide you with the information and services that you specifically request, such as information about your homeowner account, payment history, etc.  If, in the future, We believe that you could benefit from the products or services of certain third parties, We will require you to opt in before We disclose any of your Personal Information to those third parties. 
 
Although the Company does not share your Personal Information without your permission, We may nonetheless disclose your Personal Information if We are required to do so by law or We in good faith believe that such action is necessary (1) to comply with the law or with legal process; (2) to protect and defend the Company’s rights and property; (3) to protect against misuse or unauthorized use of the Company’s Websites; or, (4) to protect the personal safety or property of Our users or the public.  Among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions.
 
On occasion, We may hire third parties to perform certain functions on Our behalf. Examples include removing repetitive information from Our customer / residential listings, analyzing data, providing marketing assistance, distributing newsletters and related materials, and providing customer service. These third parties have access to your Personal Information to the extent necessary to permit them to do their jobs, however, they are bound by confidentiality agreements before any information is provided to them, and they are restricted from using the information for other purposes.
 
In addition, We may use your Personal Information in the aggregate and in a de-identified manner to create case studies, and/or to determine residents' demographics and preferences.  By doing so, We are better able to deliver to you relevant information that you may find to be helpful and informative. 
 
Other than as stated in this Privacy Policy, We will not release your Personal Information to unknown or unaffiliated third parties, and We will not cross-reference your Personal Information with that of any other resident or homeowner.  If We have knowledge that one of Our employees or agents is using or disclosing Personal Information in a manner contrary to this Policy, We will take reasonable steps to prevent or stop the use or disclosure. The Company holds its employees and agents accountable for maintaining the trust that residents and homeowners place in Us.
 
We do not desire to use your Personal Information any longer than is necessary for us to provide you with Our services.  Accordingly, if you no longer wish to use or access any of the Company’s Websites or use any of the Company’s online-based services, then please contact Our Privacy Officer (listed below) and notify Us of your desire to cease using the Company’s Websites and/or online services.  We reserve the right to maintain, on an ongoing basis, a copy of your Personal Information for archive purposes only.
 
Also, in the event that all or substantially all of the Company’s assets are acquired or transferred, your Personal Information may be one of the transferred assets.  It is the Company’s practice to seek appropriate protection for information in these types of transactions. 

 
Your Choices

Unless otherwise indicated in this Policy, you will have the option to opt-in to any uses of Your Personal Information in which your Personal Information would be disclosed to a non-agent third party, or where such information would be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you.  If you do not opt-in to such use(s), then the Company will not release Your Personal Information.
 

 
Accuracy & Access

Your Personal Information is accurate to the extent that you provide it correctly and accurately to Us or to the party collecting such information.  Errors that you make when entering your Personal Information may result in erroneous information in the Company’s database. We provide residents with the ability to review and/or correct their information, as described below.
 
To protect your privacy and security, We may take reasonable steps to verify your identity, such as requiring a password and user ID, before we permit any changes to be made to the Personal Information in Our database. To view and change the Personal Information that you directly provided to us, you should contact Our Privacy Officer, listed below. 

 
Security

To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of your Personal Information, We utilize physical, technical and administrative procedures to safeguard the information We collect.
 
Among other things, We use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data. SSL encryption is designed to make the information unreadable by anyone but us.
 
We also use firewalls and restricted access methods to ensure the security of the information We collect.  We limit access to your Personal Information and data to those persons in the Company, or to those agents of the Company that have a specific business purpose for maintaining and processing such information.  Company employees and agents who have been granted physical access to your Personal Information will be made aware of their responsibilities to protect the security, confidentiality and integrity of that information, and may have a contractual obligation with the Company to do so.

 
Contact for Privacy Issues

The Company’s designated contact person for questions related to this Policy or the Company’s privacy practices is: Bradley Gross, Esq., 2765 Executive Park Drive, Suite 119, Weston, Florida 33331, email: privacy@bradleygross.com (“Privacy Officer”).
If you have any questions or comments about this Policy, please direct them to the Privacy Officer.  When contacting the Privacy Officer, please be sure to provide (i) your full name, (ii) your physical address, (iii) your email address, (iv) your telephone number (if you wish to be contacted by telephone), and (v) a description of the question or issue that you wish to have resolved.

Third Party Services

From time to time, We may offer certain third party services through the Company’s Websites which We feel will be helpful or relevant to you (collectively, “Third Party Services”).  Third Party Services may include, but are not limited to, banking and financial services, insurance-related services, payment processing services and property management-related services. 

When you click on a link for a Third Party Service, your Web browser is re-directed to the third party provider of the Third Party Service that you selected.  Third party providers may have privacy policies that are different than this Policy, and you should read carefully the privacy policies of those vendors prior to releasing any of your information to them, financial or otherwise. 

Third Party Services may also require you to agree to certain terms and conditions of use (collectively, “Third Party Conditions”) before using or accessing those services.  Often, Third Party Conditions describe and govern how third party providers use your Personal Information, so you should read carefully all Third Party Conditions prior to releasing any of your information to such third party sites.

We do not endorse, warrant or guaranty the nature, scope, quantity, availability or quality of any Third Party Services.  Such services are provided as an accommodation to you, and for your convenience only.  If you have any questions, comments or concerns about any Third Party Service, you are instructed to contact directly the vendor providing that service to you.

Protecting the Privacy of Children

The Company’s Websites are designed to accommodate the needs of homeowners, not children.  We do not intentionally collect or request information from children.  To protect their privacy, children under the age of 13 are prohibited from using any Company Website.

Dispute Resolution

The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal information in accordance with the principles contained in this Policy. For privacy-related complaints that cannot be resolved amicably, We agree to participate in the dispute resolution procedures of the panel established by the EU data protection authorities to resolve disputes pursuant to the Safe Harbor Principles. In the event that We or such authorities determine that We did not comply with this policy, We will take appropriate steps to address any adverse effects and to promote future compliance.

Changes to This Policy

The practices described in this Policy are the current policies for the Company’s Websites as of June 2013. We reserve the right to modify or amend this Policy at any time, and appropriate notice will be given concerning such amendments.