PERFORMREALTY.COM

We understand the importance of protecting your online privacy, specifically when conducting business. As such, Performance Team (the “Company”) is committed to respecting your privacy. Our Privacy Policy pertains to users of our Site (“Visitors,” “you” or “your”) who visit without transacting business and Visitors who register to transact business on the Site (“Authorized Customers”) and make use of the various services offered by the Company (collectively, “Services”).

By accessing or using the Site (as defined hereinafter), you are entering into a binding legal agreement with the Company; the website, located at PerformRealty.com (the “Site”); and the third-party service vendors who use the Site and their parent companies, subsidiaries, and affiliates (the “Company,” “us,” “we,” and “our”) relating to terms and conditions of privacy (“Privacy Policy”). This Privacy Policy is in effect for any web page; mobile application; e-mail list; and information, including Personally Identifiable Information, collected/owned by us, regardless of the method of collection, including collection through any online features, services, and/or programs we offer. This Privacy Policy is not applicable to your use of any third-party web page, mobile application, social media site, or any information collected or owned by any entity other than us.

This Privacy Policy is incorporated by reference in our Terms of Service, and by using the Site or the Services and/or submitting your information to search or create a user profile, you give express consent to all of the terms contained herein, as well as those provided in our Terms of Service, and such use and actions constitute your electronic signature. You may withdraw this consent by using the opt-out procedures described below.

COMMUNICATIONS
EXPRESS WRITTEN CONSENT. BY SUBMITTING YOUR CONTACT INFORMATION, YOU ARE PROVIDING YOUR EXPRESS WRITTEN CONSENT TO RECEIVE COMMUNICATIONS FROM US AT THE E-MAIL ADDRESS AND TELEPHONE NUMBERS YOU ENTERED INTO OUR CONTACT FORM, OR THAT YOU LATER PROVIDE TO US OR ENTER INTO YOUR CONTACT PAGE. YOUR CONSENT ALSO SERVES AS YOUR EXPRESS WRITTEN CONSENT TO YOUR PAST RECEIPT OF ELECTRONIC COMMUNICATIONS FROM US. YOU FURTHER REPRESENT AND WARRANT THAT: (I) YOU ARE AT LEAST 18 YEARS OLD; (II) YOU LIVE IN THE UNITED STATES (OR CANADA, IN SUCH CASE, THE CANADIAN CONSENTS BELOW SHALL APPLY); (III) YOU HAVE NOT REGISTERED ON A NATIONAL OR STATEWIDE DO-NOT-CALL LIST, OR OTHERWISE GRANT THE COMPANY A WAIVER TO SUCH REGISTRATION FOR THE USE HEREOF; (IV) YOU ARE THE ACCOUNT HOLDER OF, OR HAVE THE REQUIRED CONSENT TO PROVIDE THE PHONE NUMBERS AND E-MAIL ADDRESSES PROVIDED; (V) THE PHONE NUMBERS AND E-MAIL ADDRESSES PROVIDED ARE ACCURATE, AND YOU WILL PROVIDE US NOTICE IF YOU RELEASE EITHER SUCH ACCOUNT TO ANOTHER.

COMMUNICATIONS INCLUDE. THESE COMMUNICATIONS MAY INCLUDE, WITHOUT LIMITATION, TELEMARKETING MESSAGES, THROUGH THE USE OF E-MAIL, LANDLINE PHONE, FAX, CELLULAR PHONE, TEXT MESSAGES (INCLUDING SMS AND MMS), AND NOTIFICATIONS THROUGH ANY APP THAT WE PRODUCE.

AUTODIALING. WE MAY USE AN AUTOMATIC TELEPHONE DIALING SYSTEM (OR “AUTO-DIALER”), WHICH MAY EMPLOY AN ARTIFICIAL OR PRE-RECORDED VOICE OR “ROBOTEXTS.” YOUR CARRIER’S STANDARD RATES AND CHARGES MAY APPLY.
NO PURCHASE NECESSARY. AGREEING TO THESE COMMUNICATIONS IS NOT A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES FROM US.

REVOKING CONSENT AND OPTING OUT. YOU MAY REVOKE YOUR CONSENT TO RECEIVE CERTAIN COMMUNICATIONS AT ANY TIME. TO STOP RECEIVING TEXT MESSAGES, REPLY “STOP” TO ANY OF OUR TEXTS. TO STOP RECEIVING E-MAILS, CLICK THE “UNSUBSCRIBE” LINK WHEN PROVIDED, OR REPLY “UNSUBSCRIBE” TO THE E-MAIL WHEN AN AUTOMATED UNSUBSCRIBE LINK IS NOT AVAILABLE. TO STOP RECEIVING PHONE CALLS, COMMUNICATE THAT REQUEST TO US VIA PHONE, TEXT MESSAGE, OR E-MAIL. WE WILL MAKE A COMMERCIALLY REASONABLE EFFORT TO COMPLY WITH ANY COMMUNICATIONS FROM YOU OPTING OUT. BY CONTACTING US TO OPT-OUT OF A CERTAIN COMMUNICATION, YOU CONSENT TO RECEIVE A FINAL COMMUNICATION CONFIRMING YOUR OPT-OUT.

COMMUNICATION FREQUENCY. HOW OFTEN WE SEND YOU COMMUNICATIONS WILL VARY, BECAUSE THE INDIVIDUAL SALESPERSON OR REALTORS WHO COMMUNICATE WITH YOU WILL DETERMINE SUCH FREQUENCY.
COMMUNICATIONS PROVISIONS – CANADIAN RESIDENTS. IN ADDITION TO THE CONSENT PROVIDED ABOVE, CANADIAN RESIDENTS AGREE TO THE FOLLOWING COMPLIANCE PROVISIONS, WITH RESPECT TO CANADA’S ANTI-SPAM LEGISLATION, CANADA’S PERSONAL INFORMATION PROTECTION AND ELECTRONIC DOCUMENTS ACT, AND CANADIAN PROVINCIAL LAW, INCLUDING ALBERTA’S PERSONAL INFORMATION PROTECTION ACT, AND QUEBEC’S ACT RESPECTING THE PROTECTION OF PERSONAL INFORMATION IN THE PRIVATE SECTOR: (i) YOU AGREE TO THE PROVISIONS GOVERNING USE AND DISCLOSURE OF PERSONAL INFORMATION THAT ARE FOUND IN THIS PRIVACY POLICY; (ii) OUR COMMUNICATION WITH YOU SHALL CONTINUE UNTIL YOU OPT-OUT, WHICH INDICATES YOU ARE NO LONGER CONSIDERING REAL ESTATE OPPORTUNITIES OR THE SERVICES WE PROVIDE; AND (iii) YOUR PERSONAL INFORMATION MAY ALSO BE TRANSMITTED TO, USED IN, AND STORED IN THE U.S.

“Personally Identifiable Information”
Personally Identifiable Information refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains, including, but not limited to, name, address, phone number, fax number, e-mail address, financial profile, social security number, and credit card information. Personally Identifiable Information does not include information that is collected anonymously (that is, without identification of the individual user) or demographic information not connected to an identified individual.

What Personally Identifiable Information is collected?
We may collect basic user profile information from all of our Visitors. We collect the following additional information from our Authorized Customers: name, address, phone number, internet protocol address (IP address), and e-mail address.

What organizations are collecting the information?
In addition to our direct collection of information, our third-party service vendors (such as mortgage lenders, insurance brokers, and title companies), which may provide such services as mortgage lending, mortgage insurance, escrow services, and title insurance, may collect this information from our Visitors and Authorized Customers. We do not control how these third parties use such information, but we do ask them to disclose how they use personal information provided to them by Visitors and Authorized Customers. Some of these third parties may be intermediaries that act solely as links in the distribution chain, and do not store, retain, or use the information provided to them.

How does the Site use Personally Identifiable Information?
We use Personally Identifiable Information to customize the Site, to make appropriate service offerings, and to fulfill requests to buy or sell made on the Site. We may e-mail Visitors and Authorized Customers about research or opportunities to purchase and sell on the Site or information related to the subject matter of the Site. We may also use Personally Identifiable Information to contact Visitors and Authorized Customers in response to specific inquiries, or to provide requested information.

With whom may the information be shared?
Personally Identifiable Information pertaining to Authorized Customers and other non-personally identifiable information will be shared with our employees and with third-party service providers who assist us with our Site operations or other services we may offer. Personally Identifiable Information about Authorized Customers may be shared with other Authorized Customers and other providers of real estate-related services, such as mortgage lenders we work with, which wish to evaluate potential transactions with other Authorized Customers and/or us. Further, we may share aggregated information about our Visitors and Authorized Customers, including demographics, with our affiliated agencies and third-party vendors. We also offer the opportunity to “opt out” of receiving information or being contacted by us or by any agency acting on our behalf. Our employees, agents, third-party service providers and partners are contractually bound to use Personally Identifiable Information solely in connection with providing the Services, and may not use it for any other purpose.

We may disclose information provided by Visitors as part of any merger, sale, acquisition, or financing of our company. Furthermore, in some instances, we may be legally required to provide information about Visitors to government authorities, including law enforcement, Homeland Security, and intelligence agencies. We cooperate with law enforcement in identifying persons using our Services for illegal activities and reserve the right to report any activities that we believe to be unlawful or in violation of our Terms and Conditions.

How is Personally Identifiable Information stored?
Personally Identifiable Information collected by the Company is securely stored in accordance with current industry standards and is not accessible to third parties or employees of the Company except for use as indicated above.
What choices are available to Visitors regarding collection, use and distribution of the information?
Visitors and Authorized Customers may opt out of receiving unsolicited information from us or being contacted by us and/or our vendors and affiliated agencies, as well as request of us and receive from us information on the specific elements of their Personally Identifiable Information being held by us, by responding to e-mails as instructed, or by contacting us at:

Performance Team
7024 Mitchell Ct,
Lantana, TX 76226
Contact Email: shawna@performrealty.com

Are Cookies used on the Site?
Cookies are used on the Site for a variety of reasons. We use Cookies to obtain information about the preferences of our Visitors and the services they select. We also use Cookies for security purposes to protect our Authorized Customers. For example, if an Authorized Customer registers for a free account after using the Site services, Cookies allow us to securely associate the Authorized Customer’s search preferences with the newly created account.

How does the Company use log-in information?
The Company uses log-in information, including, but not limited to, IP addresses, ISPs, and browser types, to analyze trends, administer the Site, track a user’s movement and use, and gather broad demographic information.

What partners or service providers have access to Personally Identifiable Information from Visitors and/or Authorized Customers on the Site?
The Company has entered into and will continue to enter into partnerships and other affiliations with a number of vendors. Such vendors may have access to certain Personally Identifiable Information on a need-to-know basis for evaluating Authorized Customers for service eligibility. Our Privacy Policy does not cover their collection or use of this information or disclosure of Personally Identifiable Information to comply with law. We will disclose Personally Identifiable Information in order to comply with a court order or subpoena or a request from a law enforcement agency to release information. We will also disclose Personally Identifiable Information when reasonably necessary to protect the safety of our Visitors and Authorized Customers.

How does the Site keep Personally Identifiable Information secure?
All of our employees are fully informed of our security policy and practices. The Personally Identifiable Information of our Visitors and Authorized Customers is only accessible to a limited number of qualified employees with a password for accessing the information. We audit our security systems and processes on a regular basis. We utilize encryption protocols to protect sensitive information sent over the Internet. While we take commercially reasonable measures to maintain a secure site, electronic communications and databases are subject to errors, tampering, and break-ins, and we cannot guarantee or warrant that such events will not take place and will not be liable to Visitors or Authorized Customers for any such occurrences.

How can Visitors correct any inaccuracies in Personally Identifiable Information?
Visitors and Authorized Customers may contact us to update Personally Identifiable Information related to them or to correct any inaccuracies by e-mailing us at shawna@performrealty.com. We encourage Visitors and Authorized Customers to keep Personally Identifiable Information up to date at all times. With that said, changes and updates to Personally Identifiable Information will only be reflected going forward, and we cannot alter any information we may have provided to a third party

Can a Visitor delete or deactivate Personally Identifiable Information collected by the Site?
We provide Visitors and Authorized Customers with a mechanism to delete/deactivate Personally Identifiable Information from the Site’s database by contacting us via the information provided in this Privacy Policy, as well as to direct any of the third-party service providers which assist us with our Site operations or other services we may offer to delete/deactivate Personally Identifiable Information held by them which was originally received by them from us. However, because of backups and records of deletions, it may be impossible to delete a Visitor’s entry without retaining some residual information. An individual who requests to have Personally Identifiable Information deactivated will have this information functionally deleted, and we will not sell, transfer, or use Personally Identifiable Information relating to that individual in any way moving forward.

Do our Visitors and Authorized Customers have rights to non-discrimination for enacting their rights to protect their Personally Identifiable Information?
We do not and cannot, under the law, discriminate against Visitors and Authorized Customers for exercising any of their rights with regard to their Personally Identifiable Information, as detailed herein. Such forbidden discrimination includes, denying goods or services, charging different prices, or providing a different level or quality of service. However, we are, under the law, able to offer different services and rates if such differences are reasonably related to the value of the consumers’ data.

California users’ rights
We provide the following disclosures pursuant to Cal. Bus. & Prof. Code § 22575 – 22579.
We provide Visitors and Authorized Customers, including those claiming California residency, with information on how to exercise their respective disclosure options and choices pertaining to Personally Identifiable Information, such as the right to opt-out or unsubscribe, or opt-in for use of Personally Identifiable Information by third parties for marketing purposes. Accordingly, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that have received Personally Identifiable Information for marketing purposes during the preceding year.
California residents wishing to request information about how to exercise their disclosure options and choices pertaining to third party disclosures, please send requests by mail to “Request for California Disclosure Choices” at the mailing address provided above. With all requests, please include your name, street address, city, state, zip code and e-mail address. We do not accept requests via telephone or fax. We are not responsible for failure to respond to incomplete or incorrectly labeled or submitted notices.

We do not abide by Do Not Track signals from a user’s Internet browser. We make no representations concerning third parties that do not collect Personally Identifiable Information directly through our Site.

Minors
Our Site is not intended for use by minors, and as such, no one under the age of 18 should use, or provide any personal information to, our Site. If we discover that we have mistakenly collected personal information from a child under the age of 13, we will delete that information as soon as possible.

Links
The Site contains links to other web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the privacy statements of these linked sites, as their privacy policies may differ from ours.

Governing Law and Jurisdiction
By accessing or using the Service, you agree to be bound by this Privacy Policy, which shall be governed by, and construed in accordance with, the laws of the state of Texas, exclusive of its choice of law rules. For any Disputes deemed not subject to binding, individual arbitration, as provided in the section immediately below, you and the Company agree to submit to the exclusive jurisdiction of the state of Texas, or, if federal court jurisdiction exists, the United States District Court for the state of Texas. You and the Company agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party’s rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This Section will be interpreted as broadly as applicable law permits.

What happens if the Privacy Policy Changes?
We reserve the right to modify or amend this Privacy Policy at any time by posting the revised Privacy Policy. We will let our Visitors and Authorized Customers know about changes to our Privacy Policy by posting such changes on the Site.

Last updated on 6/15/2021.