Privacy Policy & Terms of Use

This Privacy Policy governs the manner in which The Real Estate Studio, LLC (“Company”, “we”, “us”, “our”) collects, uses, maintains, and discloses information collected from Users (each a “User”) of the therealestatestudio.com website (“Site”). We work with partners, including but not limited to Luxury Presence Inc. (“Service Provider”) who provide technologies, products, and services (collectively, “Services”) powering various elements of the website in which you are interacting with. It also describes the rights and options available to you with respect to your personal data. This privacy policy applies to the Site and all products and services offered by The Real Estate Studio.

If you are a visitor on our website (the “Site”), this Privacy Policy applies to you, and describes policies and practices regarding the collection, use and disclosure of your personal information in connection with your use of the Site and our provision of the services provided to us. In this case, Luxury Presence (Service Provider) provides the Services solely as a service provider and data processor, and only uses the personal information collected as directed by the Company. This Privacy Policy does not apply to any websites, applications or other online services that do not link to this policy, including other services provided by the Company; nor does this Privacy Policy apply to the Company’s subsequent use of information collected through the Site or Services. Please contact the Service Provider to learn about how they use your personal information: (www.luxurypresence.com), please click here to view the applicable privacy policy.

The Real Estate Studio collects information from you in various ways when you access or use the Site or otherwise interact with the Services. This information may include: Information you provide to us.

Personal information you provide to us through the Services may include:

• Contact information that you provide, such as your first and last name, email address, and phone number.
• Feedback or correspondence, such as information you provide when you contact Us in connection with the Site or Services with questions, feedback, or otherwise correspond.
• Marketing information, such as your preferences and/or consents for receiving communications about Our activities, events, and publications, and details about how you engage with such communications.
• Other information which is not specifically listed here that you may provide voluntarily or that is necessary in connection with your interactions with the Site or Services. All such information will be used in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.
• Information we obtain from third parties
• Social media information. We may maintain pages on social media platforms, such as Facebook, LinkedIn, Instagram, and other third-party platforms. When you visit or interact with these pages on those platforms, the platform providers’ privacy policies will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us with information through the platform, and we will treat such information in accordance with this Privacy Policy.
• Other Sources. We may obtain your personal information from other third parties, such as third party analytics services, our marketing partners, publicly-available sources and data providers.

Automatic data collection:

We and our service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:

• Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.
• Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

We use the following tools for automatic data collection:

• Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
• Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
• Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

We and our service providers may use your personal information in the following manner(s) and/or for the following purposes:

• To provide and operate our Services: Provide, operate, and improve our Services and our business; Communicate with you about our Services and our business including by sending announcements, updates, security alerts, and support and administrative messages; Provide support, and respond to requests, questions, and feedback.
• To send you follow-up communications: Including providing customer service, and sending transactional updates regarding our Services and our businesses. If you have opted into receiving follow-up communications, we may from time to time send you follow-up communications as permitted by law, including through phone, email and SMS text messages some of which may use artificial or prerecorded voices. You may opt out of receiving such communications as set forth in Section 4 below.
• To send you marketing and promotional communications: If you have opted in to receive marketing and promotional communications, we may from time-to-time send you direct marketing communications as permitted by law, including through phone, email, and SMS text messages, some of which may use artificial or prerecorded voices. Other than as set forth in Section 3 below, your information will not be shared with third parties for marketing or promotional purposes. You may opt out of receiving such communications as set forth in Section 4 below.
• To comply with law: As we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
• For compliance, fraud prevention, and safety: To: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern our Services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.
• To create anonymous data: To create anonymous data from your personal information and other individuals whose personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our Services, conduct research, and promote our business.

We do not “sell” any personal information (as defined under applicable laws), but we may share your personal information as described below and as described elsewhere in this Privacy Policy. We may share your personal information with/to:

• Our service providers: Companies and individuals that provide services on our behalf or help us operate our services or our business (such as hosting, information technology, email delivery, and website analytics services).
• Professional advisors: We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
• For compliance, fraud prevention and safety: We may share your personal information for the compliance, fraud prevention and safety purposes described above.
• Business transfers: We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution. In such a case, we will make reasonable efforts to require the recipient to honor this Privacy Policy.
• Marketing Restriction: Data will not be shared with third parties for marketing or promotional purposes. We will never disclose any personal information such as Phone numbers and SMS consent with any third parties for marketing purposes.

You have the following choices regarding our collection and use of your personal information:

Online tracking opt-out

There are a number of ways to opt out of having your online activity and device data collected through our Services, which we have summarized below:

• Blocking cookies in your browser: Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit allaboutcookies.org.
• Blocking advertising ID use in your mobile settings: Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
• Using privacy plug-ins or browsers: You can block our Services from setting cookies used for third party analytics or interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser-plug in available at https://tools.google.com/dlpage/gaoptout?hl=en.
• Platform opt-outs: The following advertising partners offer opt-out features that let you opt out of use of your information for interest-based advertising:
  • Google: https://adssettings.google.com/
  • Facebook: http://www.facebook.com/about/ads
  • LinkedIn: https://www.linkedin.com/legal/privacy-policy
  • Pinterest: https://policy.pinterest.com/en/privacy-policy#section-your-rights-and-choices
  • YouTube: https://www.youtube.com/howyoutubeworks/privacy/
• Advertising industry opt-out tools: You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:
  • Digital Advertising Alliance: http://optout.aboutads.info/
  • Network Advertising Initiative: http://optout.networkadvertising.org/?c=1

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Other Opt-Outs

• Do Not Track: Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
• SMS communications opt out: To opt out of receiving SMS communications, reply STOP to any SMS communication sent to you.
• Email communications opt out: You may unsubscribe from email updates sent by us or our Client at anytime.

Privacy Rights

You have the right to submit requests about your personal information, depending on your location and the nature of your interactions with the Site and our Services:

• Information about how we have collected and used your personal information. We have made this information available to you without having to request it by including it in this Privacy Policy.
• Access to a copy of the personal information that we have collected about you. Where applicable, we will provide the information in a portable, machine-readable, readily usable format.
• Correction of personal information that is inaccurate or out of date.
• Deletion of personal information that we no longer need to provide our services or for other lawful purposes.
• Additional rights, such as to object to and request that we restrict our use of your personal information, and where applicable, you may withdraw your consent.

If you wish to exercise your rights, please contact us as we process your personal information solely as a service provider and data processor.

The Site and Services may contain links to websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites or online services operated by third parties, and we are not responsible for their actions.

We employ a number of technical, organizational, and physical safeguards designed to protect the personal information we collect. We take appropriate technical and organizational measures that provide a level of security appropriate to the risk of processing your personal data We follow generally accepted industry standards to protect the personal data and information submitted to us, both during transmission and in storage. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Data, we cannot guarantee its absolute security.

Our Services are not intended for use by children under 18 years of age. If we learn that we have collected personal information through the Services from a child under 18 without the consent of the child’s parent or guardian as required by law, we will delete it.

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on this website.

You can reach us by email at [email protected] or at the following mailing address:

The Real Estate Studio

4509 Creedmoor Road Suite 201

Raleigh, NC 27612

• If you are a California resident, the California Consumer Privacy Act, California Civil Code Sections 1798.83-1798.84 (“CCPA”) permits you to request information, no more than once per calendar year, regarding the disclosure of your Personal Data by Us to third parties, including for the third parties’ direct marketing purposes. Furthermore, California residents have the following rights with respect to Personal Data we may have collected about them:
  
  

Requests to Know: You have the right to request that we disclose to you:

• The categories of Personal Data we have collected about you;
• The categories of Personal Data about you we have sold or disclosed for a business purpose;
• The categories of sources from which we have collected Personal Data about you;
• The business or commercial purposes for selling or collecting Personal Data about you;
• The categories of Personal Data sold or shared about you, as well as the categories of third parties to whom the Personal Data was sold, by category of Personal Data for each party to whom Personal Data was sold;
• The specific pieces of Personal Data collected; and
• How long your Personal Data is retained.

You may submit a request to know to the address or email address indicated in Section 10. The delivery of our response may take place electronically or by mail. We are not required to respond to requests to know more than twice in a 12-month period.

• Requests to Delete or Correct: You have the right to request that we delete any Personal Data about you that we have collected, or correct Personal Data that we have about you that is inaccurate. Upon receiving a verified request to delete personal data, we will do so unless otherwise authorized by law. You may submit a request to delete Personal Data via this form.
• Authorized Agents: You may designate an authorized agent to make requests on your behalf. You must provide an authorized agent written permission to submit a request on your behalf, and we may require that you verify your identity directly with us. Alternatively, an authorized agent that has been provided power of attorney pursuant to Probate Code sections 4000-4465 may submit a request on your behalf.
• Methods for Submitting Consumer Requests and Our Response to Requests: You may submit a request to know and requests to delete Personal Data about you via: email at [email protected] or at the following mailing address:

The Real Estate Studio

4509 Creedmoor Road Suite 201

Raleigh, NC 27612

Upon receipt of a request, we may ask you for additional information to verify your identity. Any additional information you provide will be used only to verify your identity and not for any other purpose. We will acknowledge the receipt of your request within ten (10) business days of receipt. Subject to our ability to verify your identity, we will respond to your request within 45 calendar days of receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. In order to protect your privacy and the security of Personal Data about you, we may verify your request by asking for additional identifying information appropriate in the circumstances. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Your access to and use of TheRealEstateStudio.com (“the Website”) and all Services referenced below, is subject exclusively to these Terms and Conditions. You will not use the Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Services. We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

“Services” consist of the Website and any functions provided by, through, or in conjunction with the Website, including but not limited to real estate partnering services, agent communication services, email, telephone messages, and text messages. Unless stated otherwise, the Services are for your personal and non-commercial use only. The Services are not for use by children. By registering for the Services, you warrant to us that you are over the age of 13, and that you shall not allow persons under the age of 13 to use or access the Services.

By either filling out our contact form or registering a user account in order to use the Services, you give us express written consent to contact you by phone, e-mail, or text messages. Message frequency will vary. Message and data rates may apply. YOU EXPRESSLY AGREE THAT WE MAY CONTACT YOU EVEN IF YOU HAVE PREVIOUSLY REGISTERED YOUR PHONE WITH A FEDERAL OR STATE “DO NOT CALL” REGISTRY. You have the right to withdraw your consent and may opt-out of receiving phone calls by contacting us in any of the methods listed in the “Contact” section of the Website. In addition, you may opt-out of e-mails by clicking the “unsubscribe” link in any e-mail we send to you, and opt-out of text messages by replying to text messages you receive from us with a request to STOP. If you opt-out and then re-enable any of these services, you will be deemed to have again given us your express written consent to contact you via any services you re-enable.

Our privacy policy is provided above for reference.

In order to use the full functionality of the Services, you may be required to create a user account. If so, you will be required to complete the registration process by providing certain information and registering a username and password for use with the Services. You are responsible for maintaining the confidentiality of the username and password and also for all activities that take place under your user account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will we be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s user account at any time without the express permission of the account holder.

For purposes of these Terms of Use, “Content” means information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials made available, displayed or transmitted over, by, or in connection with the Services (including information made available by means of an Internet “hyperlink”, a third party Web posting or similar means), including all trademarks, trade names service marks and domain names contained therein.

With regard to the use of the Services, including any and all Content that you upload, send, post, e-mail, or otherwise transmit while using the Services, you represent that:

• You are the true owner of or have and will have at all times sufficient rights, without limitation, to upload the Content;
• The Content does not and will not violate (a) the copyrights, patents, trade secrets, trademarks, service marks or other intellectual property rights, (b) other property rights, (c) privacy rights or (d) any other proprietary rights of any other person, business, or entity; and
• Transmission of the content does not and will not violate any laws or breach any licenses or other agreements to which you are a party.
• Except as specifically permitted by law, you may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials.
• You acknowledge that all Content, whether posted publicly or transmitted privately over, by, or in connection with the Services are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is inaccurate, offensive or indecent. We will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of or reliance on any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

In using the Services you agree not to:

• Post, publish, distribute or disseminate material or information that is tortious, libelous, defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful
• Threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others
• Make available or upload files that contain a virus, worm, trojan, corrupt data, or other code that damages, destroys or interferes with (or is intended to damage, destroy, or interfere with) the operation of the Services or with any computer or property of another
• Advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages
• Post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement).

We shall be entitled, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

You may not use the Services to interfere with, gain unauthorized access to, or otherwise violate the security of our (or another party’s) network, servers, computers, other control devices, software, or data, or to attempt to do any of the foregoing. Examples of system or network security violations include but are not limited to:

• Unauthorized monitoring, scanning or probing of networks or systems or any other action aimed at the unauthorized interception of data or the harvesting of e-mail addresses
• Use any forged, false or misleading number identity, email header, invalid or non-existent domain names in email or postings nor employ techniques to hide, obscure or counterfeit the source of e-mail or other posting
• Hacking, attacking, gaining access to, breaching, circumventing or testing the vulnerability of the user authentication or security of any host, network, server, personal computer, network access and control devices, software or data without express authorization of the owner of the system or network;
  Impersonating others or secretly or deceptively obtaining personal information of third parties (phishing, etc.)
• Using any program, file, script, command or transmission of any message or content of any kind, designed to interfere with a terminal session, the access to or use of the Internet or any other means of communication; except in the case of authorized legitimate network security operations, distributing or using tools designed to compromise security (including but not limited to SNMP tools), including cracking tools, password guessing programs, packet sniffers or network probing tools; or programs that may damage the operation of another’s network, system, computer or other property.

We reserve the right to immediately and without notice suspend or terminate your account or any of the Service if we reasonably believe that you have violated these Terms and Conditions. We have no obligation to provide you with notice of an alleged violation. We may at any time, at our sole discretion, discontinue the Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Services.

The Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites. Neither these Terms and Conditions nor our Privacy Policy governs the use of your information by third party websites.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States of America or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

You acknowledge that (i) the export, import, and use of certain software, and technical data that may be provided as part of the Services are subject to domestic and foreign U.S. laws (including the U.S. Export Administration Act and the regulations implemented thereunder by the U.S. Department of Commerce, the U.S. Foreign Corrupt Practices Act (“FCPA”), and all foreign laws similar to the FCPA) (all such laws and regulations collectively referred to herein as “Export Laws”), as the same may be amended from time to time, (ii) the transmission of Content via the Services may be subject to all domestic and foreign privacy laws applicable to the provision of Services (including the Electronic Communications Privacy Act (together with the Stored Communications Act),the Federal Trade Commission Act, the U.S. Patriot Act, the Children’s Online Protection Act, state privacy laws (including the California Online Privacy Protection Act (“CalOPPA”)), state wiretap laws, and, together with all respective federal and state regulations implementing those laws, as the same may be amended from time to time (all such laws and regulations collectively referred to herein as “Privacy Laws”), and (iii) agree to strictly comply with all Privacy Laws and Export Laws applicable, directly or indirectly, to your operation or use of the Services or your transmission of Content thereby.

You agree to indemnify, defend and hold us harmless from and against (i) any and all Claims and Damages arising directly or indirectly (i) from any breach by you of these Terms and Conditions (ii) any Claim brought or threatened against us by any third party arising (a) out of your use of the Services or (b) by reason of or in connection with any Content submitted, posted or transmitted through the Services, howsoever such Claims or Damages are suffered or incurred by us as a result of (i) or (ii) following.

“Claim” shall mean any suit, claim, demand, cause of action, administrative, regulatory or judicial action, proceeding (including condemnation or appropriation proceedings), hearing, written notice, arbitration, investigation, request for information, litigation, charge or complaint.

“Damages” shall mean any and all injury, damage, liability, judgment, loss, penalty, interest, cost and expense, including reasonable attorneys’ fees and court costs incurred due to, as part of, or resulting from an asserted or threatened Claim.

Use of the services is at your own risk. except as expressly provided in these terms of service, the services are provided “as is” and we make no warranty, express or limited, with respect to the services, including any and all warranties of title, merchantability, or fitness for a particular purpose or use, and all such warranties are hereby expressly disclaimed.

We are not liable for any damages whatsoever to the extent arising directly or indirectly from or in connection with lost or altered messages or transmissions or unauthorized access to or theft, alteration, loss, damage or destruction of your content, data, programs, information, network or systems, except to the extent that any of the foregoing is caused by our gross negligence or willful misconduct.

Notwithstanding any provision of this agreement to the contrary, we shall not be liable to you for any special, incidental, indirect, punitive, or consequential costs, liabilities or damages, whether foreseeable or not, including economic loss or lost business or profits, damages arising from the use or performance of the services, any interruption of service, or any delay, error or loss of data or information arising in any manner out of, or in connection with, this agreement and a party’s performance or nonperformance of its obligations under this agreement, regardless of the form of action, whether in contract or tort (including strict liability), all claims for which are hereby specifically waived. to the extent such disclaimer is permitted by law, we hereby disclaim liability for any of the foregoing costs, liabilities or damages caused by our gross negligence.

You acknowledge that the services are not guaranteed to be secure or free from tampering, viruses, or other security violations. Accordingly, we hereby disclaim any and all liability or responsibility whatsoever for the security of the services, whether or not you have implemented encryption, firewall protection or any other internet security service or device. you agree that the transmission or use of content via the services is at your own risk.

Notwithstanding the foregoing, nothing in these Terms and Conditions shall be construed so as to exclude or limit our liability for death or personal injury as a result of our negligence.

If any of these Terms and Conditions should be held or determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be deemed separate, distinct and independent, and is to be deemed severed and ineffective to the extent of such holding or determination, and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State in which we maintain our headquarters. Captions and headings are for reference purposes only and are not substantive provisions. Pronouns used herein include the singular and plural, and are to be deemed masculine, feminine, and neuter, as the context may require. The references to “Realtor” and similar references are to an individual, corporation, partnership, limited liability company, limited partnership, limited liability partnership, or other legal entity, as the case may be.