CE Class: Understanding Purchase Agreement Forms-Part 2

You must agree to the "ACCEPTABLE USE POLICY GUAM ASSOCIATION OF REALTORS" and "PRIVACY STATEMENT GUAM ASSOCIATION OF REALTORS", especially how these terms relate to the usage of the GIS Application in GRPR.

You may scroll and read the terms below. The "Agree" button is towards the very bottom.

ACCEPTABLE USE POLICY GUAM ASSOCIATION OF REALTORS

This Acceptable Use Policy (“Policy”) governs the use of the websites of the Guam Association of Realtors (“GAR”), including but not limited to GAR’s Guam Realtor Property Research (“GRPR”) application and its related software (“collectively, GAR’s “services”). As used in this Policy, the word “you” means a GAR member, entities or individuals authorized to access and use GAR’s services under an agreement with GAR, any users granted such access and use rights by GAR members, and unauthorized users of GAR’s services.

GAR reserves the right to modify or update this Policy from time to time.

You agree not to:

1. Interfere or attempt to interfere in any manner with the functionality or proper working of the services.
2. Breach or otherwise bypass any security or authentication measures of the services.
3. Transmit viruses, malware, any other malicious or destructive code, or other prohibited items, into the services. Prohibited items include any routine, device, or other undisclosed feature (e.g., so-called time bombs, viruses, software locks, drop dead devices, malicious logic, worms, Trojan horses, or traps, back doors or software routines) that are either (1) designed to delete, disable, deactivate, interfere with, or otherwise harm any software, program, data, device, system, or service; or (2) intended to provide unauthorized access or produce unauthorized modifications.
4. Distribute content that harms or interferes with the operation of any GAR or third- party networks, servers, or other infrastructure.
5. Use any robot, spider, data scraping or extraction tool, or similar mechanism in the services.
6. Use the services for phishing scams.
7. Access or use portions of the services that GAR has not authorized you to access or use, reverse engineer, decompile, disassemble, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of the services, GAR’s work product and the technology and software used to provide them, and all intellectual property and proprietary rights therein.
8. Access, use, or otherwise exploit the services for purposes of (i) benchmarking, monitoring availability, performance, or functionality, or conducting competitive analysis, (ii) developing a competitive product or service or (iii) any other competitive purposes.
9. “Harvest” or collect information from the services using an automated software tool or manually on a mass basis. This includes, for example, information about other users of the services and information about the offerings, products, services and promotions available on the services.
10. “Flood” the services with requests or otherwise overburden, disrupt or harm the services.
11. Restrict or inhibit another user or users from using and enjoying the services.
12. Prohibit access to anyone other than the member.

1. Commit or encourage fraudulent or illegal activities in violation of any applicable laws, rules, or regulations (including those related to gambling or piracy).
2. Use, store, share, host, copy, distribute, display, publish, transmit, or send objectionable content (e.g., content that is or could be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, or harmful to others).
3. Distribute unwanted, unsolicited, or harassing mass email or transmit unwanted promotional or commercial content (i.e., spam).
4. Access (including through any interfaces provided within the services) any GAR product or service, or other third-party service or website, in a manner that violates the terms for use of or access to such services, service or website.
5. Infringe or misappropriate any GAR or third-party copyright, trademark, or other intellectual property, proprietary right, license right, or legal content protection.
6. Mislead or confuse others by alleging to be someone else or alleging to represent an organization you do not represent, or creating the impression that you do.
7. Violate the rights (such as rights of privacy or publicity) of others, including distributing others’ personal or confidential information without their permission.

Prohibited Data

Protected Health Information (PHI). Under the Health Information Portability and Accountability Act (“HIPAA”), certain information about a person's health or health care services is classified as PHI. You may not submit and store PHI in the services. Payment Card Industry (PCI). GAR does not intend the services to be used to submit or store PCI data. You agree not to use the services to submit or store PCI data.

Restricted Countries

You are prohibited from using the services (a) in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations, (b) in a country that has been designated by the United States Government as a “terrorist supporting” country, or (c) listed on any U.S. Government list of prohibited or restricted parties.

Reported Internet Protocol (“IP”) Infringement or Abuse

To the extent you use the services to publish or otherwise make available content, you must comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”). It is GAR's policy to respond to valid notices of claimed intellectual property infringement. If GAR receives a notice alleging that material on any “sheet,” “dashboard, “report” or “form” made publicly available will or may infringe another party's intellectual property, GAR may take any remedial action it deems necessary, as further outlined below.

If you encounter content that you believe violates this Policy, please report it to us using the “Contact Us” section of GAR’s website, /

GAR may but is not obligated to investigate any violation of this Policy or misuse of the services.

Violation of this Policy

In addition to any other remedies that may be available, GAR reserves the right, in its sole discretion, to take any remedial action it deems necessary, including immediately suspending or terminating your account or unpublishing any “sheet,” “dashboard,” or “report,” if such action is necessary to prevent disruption of the services or to protect the rights and safety of GAR, our customers, our users, and/or the general public.

In addition, if you, GAR reasonably suspects based on documented evidence that you have violated any law or regulation, GAR may report that violation to the appropriate law enforcement officials, regulators, or other third parties. GAR’s reporting may include disclosing relevant information about you. We also may cooperate with appropriate law enforcement agencies, regulators, or other third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

You also agree that GAR shall not be liable for any violations of this Policy by users of GAR’s services.

Finally, GAR reserves the right to seek judicial redress for violations of this Policy, to charge you for any violations of this Policy and or seek reasonable remedy for such violation.

Enforcement

This Policy shall be governed by the laws of Guam and the United States, and you agree to submit to the jurisdiction of the courts of Guam in any legal proceedings arising from any disputes under this Policy.

PRIVACY STATEMENT GUAM ASSOCIATION OF REALTORS

This Privacy Statement (“Statement”) of the Guam Association of Realtors® (“GAR”) describes how GAR collects, uses, and shares the personal data of its members, and explains its members’ related rights and choices. As used in this Statement, the word "you" means a GAR member or any authorized or unauthorized visitor to one of GAR’s websites, including but not limited to GAR’s Guam Realtor Property Research (“GRPR”) application and its related software (“collectively, GAR’s “services”).

You should read this Statement together with any other policy statements that GAR may provide to you when GAR is collecting or processing your personal information, to become fully aware of how and why GAR is using your information. Your use of GAR’s services and any information you provide to or through GAR is subject at all times to this Statement.

Specific Notices

Together with the information in this Statement, the following notices describe GAR’s use of your personal data based on how GAR interacts with you.

1. General Privacy Notice. When GAR interacts with you outside the services (e.g., on GAR’s websites, during events, through surveys, etc.)
2. Services Privacy Notice. When you sign up for or use services that GAR provides to you or your customers.
3. Cookie Notice. When data is collected automatically from your device by way of “cookies” or other tracking technologies.

GAR’s Rights under This Statement

GAR may share your personal data with GAR’s affiliated companies (such as the National Association of Realtors® or state associations of realtors) or for a GAR affiliate's internal business purposes (for example, when you purchase an affiliate's services from GAR).

Information GAR May Collect Directly From You

GAR may collect the following information directly from you:

1. Identity data, such as your name, contact details, title, company or organization name, email address, telephone and facsimile numbers and physical address.
2. Registration data, such as information provided by you when you register for an account to use the services, including login details and passwords.
3. Marketing and communications data, including your marketing preferences and your subscriptions to GAR’s publications.
4. Financial information, including credit card or account information when you purchase any services directly from GAR.
5. Transaction data, including inquiries about and orders for GAR’s products and services and details of payments to and from you.
6. Your feedback, including information you provide to GAR whenever you send GAR feedback or contact GAR for any reason, complete a survey, enter a competition or report a problem.

When GAR is required to collect personal information from you under applicable law or court order, or under the terms of a contract GAR has with you, and you fail to provide that information when requested, GAR may not be able to provide you the requested service or complete your transaction.

Information GAR May Collect about You Based on Your Use of the Services

GAR may collect certain information about you based on your use of the services, including:

1. Usage data, including information about how you use the services, the number of bytes transferred, the links you click, the materials you access, usage and alert logs.
2. Technical data, such as your Internet Protocol (IP) address, your browser type and capabilities and language.

How GAR May Use Your Information

GAR use your personal information to:

1. Provide the Services to You. GAR may use your personal information to deliver services to you or carry out transactions you have requested, including, providing information on GAR’s products or services, billing and order fulfilment, registering purchased products, providing customer support services and facilitating your use of the services.
2. Improve GAR’s Business, Products and Services. GAR may use your personal information to perform business analyses or for other purposes that help GAR to develop and improve the quality of GAR’s business, products and services (including new products and services), for example, by customizing the services to your particular preferences.
3. Marketing. In accordance with applicable laws and regulations, GAR may use your personal information to inform you of products or services which may be of interest to you, and to otherwise communicate with you about offerings, events and news, surveys, special offers, and related topics. You are able to opt-out from marketing communications sent via e-mail at any time, free of charge by using the "unsubscribe" link in any e-mail marketing materials you receive from GAR, or by contacting GAR using the contact information listed in this Statement.

Your Rights

You have certain rights relating to your personal data under local data protection laws or based on your use of our services. For example:

1. Access. You can ask GAR to confirm GAR's processing of your personal data, provide you with details about such processing, and give you a copy of your personal data.
2. Erasure. You can ask GAR to erase your personal data. However, GAR is not obligated to comply with any erasure request if the processing or retention of your personal data is necessary for compliance with a legal obligation, or for a defense against claims for damages or other legal or administrative relief.
3. Exercise of Rights. To exercise your erasure and other rights please contact GAR using the “Contact Us” section of GAR’s website. GAR will not discriminate based on whether you choose to exercise your rights and will not, based on your exercise of rights, deny any services to you, charge you different rates, or provide a different level or quality of services.

Data Retention

GAR may keep your personal data for as long as reasonably necessary for the purposes set out in this Statement or in GAR’s notices to you. GAR will keep your personal data longer if required for tax or accounting purposes, to ensure GAR will be able to defend or raise a claim, or where GAR has a specific need. GAR will generally not keep personal data for longer than seven years following the last date of communication with you. Where personal data is no longer required, GAR anonymize or dispose of it in a secure manner.

How GAR Protects Your Information

GAR has implemented technical, physical, and administrative safeguards to protect your personal data. However, no company, including GAR, can guarantee the absolute security of internet communications. Moreover, GAR is not responsible for the security of information you transmit to GAR over networks that GAR does not control, including the internet and wireless networks.

The safety and security of your personal information also depends on you. Where GAR has given you (or where you have chosen) a “User ID” and a password to access the services, you are responsible for keeping those log-on credentials confidential.

Changes to This Statement

GAR may update this Statement to reflect changes to GAR’s privacy practices, changing technologies, industry practices, regulatory requirements, or for other reasons. If GAR makes any material changes that affect the way GAR treats your data, GAR will notify you by email, through its website, or by other legally acceptable means. GAR encourages you to periodically review this Statement for the latest information on GAR’s privacy practices.

How to Contact GAR

You have the right to complain to a data protection authority about GAR’s collection and use of your personal data, but GAR encourages you to contact GAR first. The best way to reach GAR is to use the “Contact Us” section of GAR’s website, https://www.guamrealtors.com/

ACCEPTABLE USE POLICY GUAM ASSOCIATION OF REALTORS

This Acceptable Use Policy (“Policy”) governs the use of the websites of the Guam Association of Realtors (“GAR”), including but not limited to GAR’s Guam Realtor Property Research (“GRPR”) application and its related software (“collectively, GAR’s “services”). As used in this Policy, the word “you” means a GAR member, entities or individuals authorized to access and use GAR’s services under an agreement with GAR, any users granted such access and use rights by GAR members, and unauthorized users of GAR’s services.

GAR reserves the right to modify or update this Policy from time to time.

You agree not to:

1. Interfere or attempt to interfere in any manner with the functionality or proper working of the services.
2. Breach or otherwise bypass any security or authentication measures of the services.
3. Transmit viruses, malware, any other malicious or destructive code, or other prohibited items, into the services. Prohibited items include any routine, device, or other undisclosed feature (e.g., so-called time bombs, viruses, software locks, drop dead devices, malicious logic, worms, Trojan horses, or traps, back doors or software routines) that are either (1) designed to delete, disable, deactivate, interfere with, or otherwise harm any software, program, data, device, system, or service; or (2) intended to provide unauthorized access or produce unauthorized modifications.
4. Distribute content that harms or interferes with the operation of any GAR or third- party networks, servers, or other infrastructure.
5. Use any robot, spider, data scraping or extraction tool, or similar mechanism in the services.
6. Use the services for phishing scams.
7. Access or use portions of the services that GAR has not authorized you to access or use, reverse engineer, decompile, disassemble, attempt to gain unauthorized access to, or attempt to discover the underlying source code or structure of the services, GAR’s work product and the technology and software used to provide them, and all intellectual property and proprietary rights therein.
8. Access, use, or otherwise exploit the services for purposes of (i) benchmarking, monitoring availability, performance, or functionality, or conducting competitive analysis, (ii) developing a competitive product or service or (iii) any other competitive purposes.
9. “Harvest” or collect information from the services using an automated software tool or manually on a mass basis. This includes, for example, information about other users of the services and information about the offerings, products, services and promotions available on the services.
10. “Flood” the services with requests or otherwise overburden, disrupt or harm the services.
11. Restrict or inhibit another user or users from using and enjoying the services.
12. Prohibit access to anyone other than the member.

1. Commit or encourage fraudulent or illegal activities in violation of any applicable laws, rules, or regulations (including those related to gambling or piracy).
2. Use, store, share, host, copy, distribute, display, publish, transmit, or send objectionable content (e.g., content that is or could be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, or harmful to others).
3. Distribute unwanted, unsolicited, or harassing mass email or transmit unwanted promotional or commercial content (i.e., spam).
4. Access (including through any interfaces provided within the services) any GAR product or service, or other third-party service or website, in a manner that violates the terms for use of or access to such services, service or website.
5. Infringe or misappropriate any GAR or third-party copyright, trademark, or other intellectual property, proprietary right, license right, or legal content protection.
6. Mislead or confuse others by alleging to be someone else or alleging to represent an organization you do not represent, or creating the impression that you do.
7. Violate the rights (such as rights of privacy or publicity) of others, including distributing others’ personal or confidential information without their permission.

Prohibited Data

Protected Health Information (PHI). Under the Health Information Portability and Accountability Act (“HIPAA”), certain information about a person's health or health care services is classified as PHI. You may not submit and store PHI in the services. Payment Card Industry (PCI). GAR does not intend the services to be used to submit or store PCI data. You agree not to use the services to submit or store PCI data.

Restricted Countries

You are prohibited from using the services (a) in a country that is subject to a United States Government embargo, or that is on Title 15, Part 740 Supplement 1 Country Group E of the United States Code of Federal Regulations, (b) in a country that has been designated by the United States Government as a “terrorist supporting” country, or (c) listed on any U.S. Government list of prohibited or restricted parties.

Reported Internet Protocol (“IP”) Infringement or Abuse

To the extent you use the services to publish or otherwise make available content, you must comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statute in other countries (the “DMCA”). It is GAR's policy to respond to valid notices of claimed intellectual property infringement. If GAR receives a notice alleging that material on any “sheet,” “dashboard, “report” or “form” made publicly available will or may infringe another party's intellectual property, GAR may take any remedial action it deems necessary, as further outlined below.

If you encounter content that you believe violates this Policy, please report it to us using the “Contact Us” section of GAR’s website, /

GAR may but is not obligated to investigate any violation of this Policy or misuse of the services.

Violation of this Policy

In addition to any other remedies that may be available, GAR reserves the right, in its sole discretion, to take any remedial action it deems necessary, including immediately suspending or terminating your account or unpublishing any “sheet,” “dashboard,” or “report,” if such action is necessary to prevent disruption of the services or to protect the rights and safety of GAR, our customers, our users, and/or the general public.

In addition, if you, GAR reasonably suspects based on documented evidence that you have violated any law or regulation, GAR may report that violation to the appropriate law enforcement officials, regulators, or other third parties. GAR’s reporting may include disclosing relevant information about you. We also may cooperate with appropriate law enforcement agencies, regulators, or other third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.

You also agree that GAR shall not be liable for any violations of this Policy by users of GAR’s services.

Finally, GAR reserves the right to seek judicial redress for violations of this Policy, to charge you for any violations of this Policy and or seek reasonable remedy for such violation.

Enforcement

This Policy shall be governed by the laws of Guam and the United States, and you agree to submit to the jurisdiction of the courts of Guam in any legal proceedings arising from any disputes under this Policy.

PRIVACY STATEMENT GUAM ASSOCIATION OF REALTORS

This Privacy Statement (“Statement”) of the Guam Association of Realtors® (“GAR”) describes how GAR collects, uses, and shares the personal data of its members, and explains its members’ related rights and choices. As used in this Statement, the word "you" means a GAR member or any authorized or unauthorized visitor to one of GAR’s websites, including but not limited to GAR’s Guam Realtor Property Research (“GRPR”) application and its related software (“collectively, GAR’s “services”).

You should read this Statement together with any other policy statements that GAR may provide to you when GAR is collecting or processing your personal information, to become fully aware of how and why GAR is using your information. Your use of GAR’s services and any information you provide to or through GAR is subject at all times to this Statement.

Specific Notices

Together with the information in this Statement, the following notices describe GAR’s use of your personal data based on how GAR interacts with you.

1. General Privacy Notice. When GAR interacts with you outside the services (e.g., on GAR’s websites, during events, through surveys, etc.)
2. Services Privacy Notice. When you sign up for or use services that GAR provides to you or your customers.
3. Cookie Notice. When data is collected automatically from your device by way of “cookies” or other tracking technologies.

GAR’s Rights under This Statement

GAR may share your personal data with GAR’s affiliated companies (such as the National Association of Realtors® or state associations of realtors) or for a GAR affiliate's internal business purposes (for example, when you purchase an affiliate's services from GAR).

Information GAR May Collect Directly From You

GAR may collect the following information directly from you:

1. Identity data, such as your name, contact details, title, company or organization name, email address, telephone and facsimile numbers and physical address.
2. Registration data, such as information provided by you when you register for an account to use the services, including login details and passwords.
3. Marketing and communications data, including your marketing preferences and your subscriptions to GAR’s publications.
4. Financial information, including credit card or account information when you purchase any services directly from GAR.
5. Transaction data, including inquiries about and orders for GAR’s products and services and details of payments to and from you.
6. Your feedback, including information you provide to GAR whenever you send GAR feedback or contact GAR for any reason, complete a survey, enter a competition or report a problem.

When GAR is required to collect personal information from you under applicable law or court order, or under the terms of a contract GAR has with you, and you fail to provide that information when requested, GAR may not be able to provide you the requested service or complete your transaction.

Information GAR May Collect about You Based on Your Use of the Services

GAR may collect certain information about you based on your use of the services, including:

1. Usage data, including information about how you use the services, the number of bytes transferred, the links you click, the materials you access, usage and alert logs.
2. Technical data, such as your Internet Protocol (IP) address, your browser type and capabilities and language.

How GAR May Use Your Information

GAR use your personal information to:

1. Provide the Services to You. GAR may use your personal information to deliver services to you or carry out transactions you have requested, including, providing information on GAR’s products or services, billing and order fulfilment, registering purchased products, providing customer support services and facilitating your use of the services.
2. Improve GAR’s Business, Products and Services. GAR may use your personal information to perform business analyses or for other purposes that help GAR to develop and improve the quality of GAR’s business, products and services (including new products and services), for example, by customizing the services to your particular preferences.
3. Marketing. In accordance with applicable laws and regulations, GAR may use your personal information to inform you of products or services which may be of interest to you, and to otherwise communicate with you about offerings, events and news, surveys, special offers, and related topics. You are able to opt-out from marketing communications sent via e-mail at any time, free of charge by using the "unsubscribe" link in any e-mail marketing materials you receive from GAR, or by contacting GAR using the contact information listed in this Statement.

Your Rights

You have certain rights relating to your personal data under local data protection laws or based on your use of our services. For example:

1. Access. You can ask GAR to confirm GAR's processing of your personal data, provide you with details about such processing, and give you a copy of your personal data.
2. Erasure. You can ask GAR to erase your personal data. However, GAR is not obligated to comply with any erasure request if the processing or retention of your personal data is necessary for compliance with a legal obligation, or for a defense against claims for damages or other legal or administrative relief.
3. Exercise of Rights. To exercise your erasure and other rights please contact GAR using the “Contact Us” section of GAR’s website. GAR will not discriminate based on whether you choose to exercise your rights and will not, based on your exercise of rights, deny any services to you, charge you different rates, or provide a different level or quality of services.

Data Retention

GAR may keep your personal data for as long as reasonably necessary for the purposes set out in this Statement or in GAR’s notices to you. GAR will keep your personal data longer if required for tax or accounting purposes, to ensure GAR will be able to defend or raise a claim, or where GAR has a specific need. GAR will generally not keep personal data for longer than seven years following the last date of communication with you. Where personal data is no longer required, GAR anonymize or dispose of it in a secure manner.

How GAR Protects Your Information

GAR has implemented technical, physical, and administrative safeguards to protect your personal data. However, no company, including GAR, can guarantee the absolute security of internet communications. Moreover, GAR is not responsible for the security of information you transmit to GAR over networks that GAR does not control, including the internet and wireless networks.

The safety and security of your personal information also depends on you. Where GAR has given you (or where you have chosen) a “User ID” and a password to access the services, you are responsible for keeping those log-on credentials confidential.

Changes to This Statement

GAR may update this Statement to reflect changes to GAR’s privacy practices, changing technologies, industry practices, regulatory requirements, or for other reasons. If GAR makes any material changes that affect the way GAR treats your data, GAR will notify you by email, through its website, or by other legally acceptable means. GAR encourages you to periodically review this Statement for the latest information on GAR’s privacy practices.

How to Contact GAR

You have the right to complain to a data protection authority about GAR’s collection and use of your personal data, but GAR encourages you to contact GAR first. The best way to reach GAR is to use the “Contact Us” section of GAR’s website, https://www.guamrealtors.com/