Privacy Policy & Terms

This is the privacy policy (“Privacy Policy”) for the applications and websites (collectively, “Applications”), in each case that are owned and/or operated by Smarter Agent Mobile, LLC (“Smarter Agent”). The Applications and Websites are sometimes collectively referred to in this Privacy Policy as the “Services”.

Application of Policy. Smarter Agent will comply with this Privacy Policy and applicable U.S. privacy laws in providing the Services. It is important that you read this Privacy Policy prior to accessing, downloading or otherwise using the Services and the related software, data or technology used, stored, licensed or accessed with the Services and the related intellectual property embodied therein. Do not use the Services if you do not accept this Privacy Policy. This means that you should promptly cease accessing or otherwise using the Services and exit this page before downloading, accessing, using, subscribing or installing any Services. Use of the Services will be deemed acceptance of this Privacy Policy.

Delivering Information. The types of information that we collect from you has an impact on the quality and type of Services that we are able to deliver to you. We deliver information to you via: 1) The internet, Your mobile device, email, certain 3rd party vendors, partners of APIs that we  have informal business or contractual relationships with ( “3rd-party Business Partner”) or via telephone or in person at our offices.

Information we collect: These are the types of information we may seek to collect from you, and many of these information points are part of the mobile app functionality or to help agents do business with consumer users:

  1. Location Information — We collect location information associated with the use of an Application either (i) through the real time longitude and latitude from your GPS-enabled wireless device or (ii) based on location information you enter into your mobile device.

  2. Activity Information We collect information from your usage of the Services, including any advertising you may have specifically viewed.

  3. Property Information. We collect information about the types of properties that you have viewed.

  4. Personal Information We collect certain information about you when your register for an Application or to use certain advanced features. This information includes name, address,  email, other you share the app with and preferences.

How we collect information. We collect information from you in the following manner:

  1. Registration. You voluntarily provide certain personal information when you register to use Applications and access advanced features at the Websites.

  2. Usage logs. Your mobile devices and computers communicate a variety of information about how you use the Services, and a record of what information you have reviewed including real estate properties, web pages and advertisements.

  3. Smarter Agent Cookies. Cookies are bits of electronic information that can be transferred to a computer to uniquely identify that computer’s browser. Cookies provide us with a unique anonymous feature that we can use in identifying and enhancing the use of our Services. For instance, we use cookies to backfill data as a user moves from tool to tool or search to search. When a registered user returns to the Services, we can return them to the areas and search results in which they are most interested. We sometimes use outside companies to provide technology and these companies may place cookies on your devices. These companies may use information (not including your name, address, email address or telephone number) about your visits to this and other applications. We do not have access to these cookies or any information that they may contain.

  4. Web Beacons. Web beacons are electronic files that are used to count users who have visited our Services or to identify certain cookies on the computers accessing our Services.

You may restrict the information provided to Smarter Agent. For example, you may decline to provide us with your personal information, disable cookies and use security software to prevent the storage of cookies. Restricting information will however materially reduce and diminish the value of the Services we provide to you.

How we use Information. The primary reason Smarter Agent collects information is to enable it to provide the essential and enhanced elements of the Services. Smarter Agent also collects information to enable its 3rd-party Business Partners to provide services to you, such as Real Estate Brokers who provide brokerage services. For example:

  1. Location Information is used to provide relevant information about the properties you are in front of or in proximity with. We could not provide this information to you in the absence of this location information.

  2. Activity Information. We attach your activity information to your user profile, and this information is used by Smarter Agent to provide you with useful information and relevant advertising.

  3. Property Information. Knowing what type of property you are interested in is important to a REALTOR® providing brokerage services to you in tandem with Smarter Agent, or if receiving financial information or a mortgage pre-approval from a lender. Once again, this information is vital to our 3rd-party Business Partners to help you with your real estate needs.

  4. Personal Information. We are legally required to know your identity to make certain information available to you such as MLS data

We recognize that maintaining the privacy of your personal information is important, and for this reason we do not share any of your personal information with third parties without your consent. We will not sell your personal information to any third-party or share your information with telemarketing companies or direct mail companies, and adhere to principles of mutual respect. Information collected through the short code won’t be shared, sold, or rented to affiliated or unaffiliated third parties.

Compensation between parties. Smarter Agent may be compensated by its 3rd-party Business Partners if you purchase or lease a property through them.

Advertising. Our business model is not fully supported by advertising and should we work with advertiser or advertising technology we would do this to provide high quality Services to you. We would seek to make advertising relevant to you, which we are able to do this based on the information we collect during your use of our Services. 

Scheduling an Appointment. When you schedule an appointment, or want to talk to a REALTOR®, or get more information:

  1. When viewing “For Sale Properties”, we note the properties that you’ve viewed. If you request more information or request a call back to schedule an appointment to view a property, you give Smarter Agent permission to share this information within its 3rd-party Business Partners.

  2. At the time you decide you are ready, or need to ask specific property questions, these questions by law, must be handled by a licensed REALTOR®. By law we must give you all necessary disclosures, as the buying and selling of real estate is a highly regulated industry. For example, you will be required to consent to the state mandated Consumer Information Statement, before you receive detailed property information from us. Please recognize Smarter Agent is a licensed REALTOR® and is required to meet all local, MLS, state and federal rules and regulations and laws as relates to the buying, selling and financing of real estate.

About Broker Reciprocity/VOW technology. Broker Reciprocity, or IDX/Internet Display as it is sometimes called, is a service mandated by the National Association of REALTORS®, which allows any real estate broker in an area to post listings on their website, no matter what REALTOR® actually has the listing. VOW, or Virtual Office Sites, are sites run by REALTORS® that mirror the information one could obtain if you were in their physical office. Smarter Agent provides you with IDX data, and in some instances VOW and third party data only if you are a registered user for the Services.

Security. Personally identifiable information collected by Smarter Agent is stored in operating environments that are not available to the public. This information is not stored on the Internet but on a Smarter Agent secure server. We take reasonable steps to protect this data.

Other Registration, Unsubscribe and Update Issues. Personally identifiable information may be required to receive certain products or services. Smarter Agent may disclose personally identifiable information if required to do so by law or in the good-faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Smarter Agent; (b) protect and defend the rights or property of Smarter Agent, the Services or the users of Smarter Agent, and (c) act under exigent circumstances to protect the personal safety of users of Smarter Agent or the public.

Summary Info. Smarter Agent may share non-personal aggregate or summary information about our visitors with our 3rd-party Business Partners or other third parties, which is a customary practice on the Internet. For example, we might provide a count of our users from a particular ZIP code.

Other Sites. Smarter Agent may present advertisements or links to third parties such as our 3rd-party Business Partners. When you click on these links or enter information, you may be transferred to an advertiser or third-party’s Web site. Smarter Agent has no control over the privacy practices or information that these sites may request of you. We are not and cannot be held responsible for the privacy practices or content by these entities.

Merger or Sale of Smarter Agent. Any third party that acquires Smarter Agent, whether through a sale of stock, sale of assets or statutory merger, will obtain access to personal information as part of the overall business transaction.