Last updated: 01/28/2020
FBS respects your right to privacy. This Privacy Notice explains who we are, how we collect, share and use personal information about you, and how you can exercise your privacy rights. If you have any questions or concerns about our use of your personal information, please contact us using the contact details provided at the bottom of this Privacy Notice.
FBS is a software company, headquartered in the United States, serving real estate Agents, Brokers, and Multiple Listing Service (MLS) providers (“FBS’s customers”) with our Flexmls® Platform, Spark® API, and FloPlan™ System software (“Services”). FBS’s customers use our Services to manage their real estate listings and share them with their customers. FBS does not own or control our customers’ content and we keep it private for our customers. For more information about FBS, please see our website at https://wearefbs.com.
The personal information our customers may collect using our Services broadly falls into the following categories:
Our customers may ask you to provide certain information voluntarily. The types of information you may be asked to provide, and the reasons why, include:
Types of personal information
Why it is collected
Contact Information, including name, email address, phone number, address, or other related information
To create or maintain your account and to respond to correspondence and service-related inquiries you send
Information regarding your property
To list your property for sale, help you execute a transaction regarding your property or a property you want to purchase
Messages exchanged with your broker or agent
Communication history
Information regarding properties or property searches you view or save
To send you updates and collaborate with you on your property search
We may also collect certain information automatically from your device. In some countries, including countries in the European Economic Area, this information may be considered personal information under applicable data protection laws.
Specifically, the information we collect automatically may include information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location (e.g. country or city-level location) and other technical information. We may also collect information about how your device has interacted with our Services, including the pages accessed and links clicked.
Collecting this information enables us to better understand the visitors who use our Services, where they come from, and what content on our Services is of interest to them. We use this information for our internal analytics purposes and to improve the quality and relevance of our Services to our visitors. In addition, this information is used to secure the Services from unauthorized use.
Some of this information may be collected using cookies and similar tracking technology, as explained further under the heading “Cookies and similar tracking technology” below.
The Flexmls app allows MLS members to upload photos to their property listings so that MLS members and their customers can view the photos on property listings in the app.
Personal information collected by our customers through our Service is not disclosed by FBS to any third parties for any purpose, except:
If you are a visitor from the European Economic Area, our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it.
However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person (e.g. security of the information provided through the Services).
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us using the contact details provided under the “How to contact us” heading below.
Some Services store cookies on your computer for authentication, session management, and to help improve your experience with our Services. We do not disclose any information collected or stored in cookies to third parties except as required by law.
We use appropriate technical and organisational measures to protect the personal information our customers collect and process about you. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Specific measures we use include encrypting your personal information in transit.
FBS’s servers are located in the United States, and our group companies and third party service providers and partners operate in the United States as well. If you are not a United States resident, your personal information may be transferred to, and processed in, the United States, which may have data protection laws that are different to the laws of your country. We have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Notice.
We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested or to comply with applicable legal, tax or accounting requirements).
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymise it or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
You have the following data protection rights:
We may update this Privacy Notice from time to time in response to changing legal, technical or business developments. When we update our Privacy Notice, we will take appropriate measures to inform you, consistent with the significance of the changes we make. We will obtain your consent to any material Privacy Notice changes if and where this is required by applicable data protection laws.You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at the top of this Privacy Notice.
If you have any questions or concerns about our use of your personal information, please email us at privacy@fbsdata.com.