Policies

PRIVACY INFORMATION

We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, we have adopted this Privacy Policy to govern the use and handling of your personal information.

Applicability
This Privacy Policy governs First American CoreLogic and our use of nonpublic personal information about you. This Privacy Policy does not govern publicly available information we obtain about you. First American CoreLogic calls these guidelines its Fair Information Values.

Types of Information
We collect nonpublic personal information about you from the following sources:

• Information we receive from you on applications, forms and in other communications to us,whether in writing, in person, by telephone or any other means;
• Information about your transactions with us, our affiliated companies, or others; and
• Information we receive from a consumer reporting agency.

Please note, however, that we do not collect this information about you unless you register for one of our services.

Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except as necessary for us to provide the product or service you have requested of us or as otherwise permitted by law. We may store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies, or companies who provide real estate related data and analytics. It is possible that First American CoreLogic, its subsidiaries, affiliates, joint venture companies, or any combination of them, could merge with or be acquired by another legal entity. In such event, First American CoreLogic may share your information with such other entity. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. In some circumstances, we will request your consent to share your information with nonaffiliated third parties, such as lenders, realtors, and insurers, so that they may offer you products and services that may be of interest to you.

Opt Out
Unless you specify otherwise, we may share personal information about you with our affiliated companies.First American CoreLogic or our affiliated companies may use this information to contact you by email regarding offers or services. Each email communication you receive will permit you to discontinue further communications by either replying to the message with "Opt-Out" in the subject line or clicking on the identified hyperlink in the email which will take you to a First American CoreLogic web page where you can opt-out of such further communications. In addition to using one of these methods, at any time, you can choose to discontinue such communication by emailing your request to custserv.res.ca@facorelogic.com with "Opt Out" in the Subject line of the email or, if applicable for the relevant product or platform, by changing the appropriate settings within "My Account".

Former Customers
Even if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information.

Information Obtained Through Our Internet Site
First American CoreLogic is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American CoreLogic or its affiliates Internet sites without telling us who you are or revealing any information about yourself. Our Internet servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American CoreLogic uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.

Business Relationships
First American CoreLogic's Internet site and those of its affiliates, may contain links to other Internet sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites.

Cookies
Some of First American CoreLogic's Internet sites may make use of  "cookie"  technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that an Internet site can send to your browser, which may then store the cookie on your hard drive. Any information about you that we collect through a cookie is not shared with anyone. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Internet site experience.

Fair Information Values
Fairness. We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy.

Public Record. We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy.

Use. We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.

Accuracy. We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections.

Education. We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner.

Security. We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.

Last Updated February 12,2008
 
 

FIRST AMERICAN CORELOGIC LISTSOURCETM LICENSE AGREEMENT   
   
    This is a contract. This ListSourceTM License Agreement ("Agreement") accompanies the ListSourceTM online application ("ListSourceTM"), the direct marketing lists obtained from ListSourceTM and the data contained within the direct marketing lists (collectively, the "Services"). First American CoreLogic ("FACL") grants you ("Customer") a limited, non-exclusive, non-transferable license to use the Services, provided you accept the following terms on behalf of the company entered into the registration information:
 

1. Property.

The Services and all intellectual property rights therein are owned by FACL. No ownership rights are granted by this Agreement and, except for the limited license provided, FACL reserves all rights in and to the Services and all underlying data compilations and information contained therein, including but not limited to the exclusive intellectual property rights and the right to grant further licenses. Customer acknowledges that the Services are the proprietary property of FACL and are a valuable commercial product, the development of which involved an expenditure of substantial time and money by FACL.

2. Permitted Use.

The Services are solely for use within Customer's own organization by Customer's own employees. Customer shall be permitted to use the Services solely for Customer's own internal direct marketing purposes. Customer may use each address or telephone number connected to a given property one (1) time only for direct marketing activities, including but not limited to: promoting, marketing, surveying or soliciting by Customer, by way of telemarketing, email marketing, any other advertising or promotional materials, such as flyers, pamphlets, brochures, mailers, video or audio tapes or electronic mail, whether in print or other media.

3. Restrictions on Use.

Both during and after the term of this Agreement, Customer agrees as follows:

(a) Customer shall not: (i) disclose, use, disseminate, reproduce or publish any portion of the Services in any manner other than as expressly permitted in this Agreement, (ii) permit any parent, subsidiary, other affiliated entity or other third party, including any third party entity involved in a joint marketing arrangement with Customer, to use the Services or any portion thereof, (iii) grant access to the Services, or any portion thereof, to individuals incarcerated in prisons or correctional institutions, (iv) allow access to the Services through any terminal located outside of Customer's operations, (v) use the Services outside the United States.

(b) Customer shall not: (i) resell, relicense or redistribute the Services in whole or in part without the prior written consent of FACL, (ii) use the Services to create any derivative products, (iii) use the Services to create, enhance or structure any database in any form for resale or distribution, (iv) process or permit to be processed the Services or any portion thereof, with other data from any other source, (v) merge or incorporate the Services with any other file, (vi) use the Services to enhance a file or list owned by any third party, (vii) use the Services to develop any list, enhancement or product, or (viii) use the Services to prepare, publish, clean or maintain any directory.

(c) Customer shall (i) comply with the published guidelines of the Direct Marketing Association, other applicable industry guidelines, and all federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions regarding the use, storage and dissemination of data such as the Services, (ii) abide by all prevailing federal, state, and local laws, regulations, ordinances and court orders from competent jurisdictions, including but not limited to those governing fair information practices and consumers' rights to privacy, and any applicable non-solicitation laws and regulations; (iii) limit access to consumer information to those individuals who have a "need to know" in connection with Customer's business and will obligate those individuals to acknowledge consumers' rights to privacy and adhere to fair information practices and consumers' right to privacy; (iv) abide by FACL's privacy policies and Customer's own privacy policies; and (v) use the Services in a manner that gives due consideration to matters concerning privacy.

(d) Customer understands that the data has not been collected for credit purposes and is not intended to be indicative of any consumer's credit worthiness, credit standing, credit capacity, or other characteristics listed in Section 1681(a) of the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. Customer shall not use the Services (i) as a factor in establishing an individual's eligibility for credit or insurance, (ii) in connection with underwriting individual insurance, (iii) in evaluating an individual for employment purposes, (iv) in connection with a determination of an individual's eligibility for a license or other benefit granted by a governmental authority, (v) in any way that would cause the Services to constitute a "consumer report" under the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., or (vi) in any other manner that would cause such use of the Services to be construed as a consumer report by any pertinent governmental authority.

(e) Customer represents and warrants that it is not one of the following entities: Acxiom, Altair Data Resources, American List Counsel, Bridgetree, Inc., ChoicePoint Precision Marketing, CPC Associates, Data Warehouse, DataQuick, DeBroux Marketing Inc., Equifax, Haines/Americalist, Harte-Hanks Data Services, Homeowners Marketing Services, Hyphos360, Infinite Media, infoUSA, Intellidyn, Keepyourcustomers.com, Knowledgebase, ListVision, Marketing Informatics, Merkle Inc., Automation Research, Inc. dba MKTG Services, Mokrynski & Associates, National Lender Service, Paramount Lists, Response Media Products, The Services Group, Trans Union, Vision Marketing, Wholesale Data.

(f) Customer shall be solely responsible for maintaining the confidentiality of all usernames and passwords used by its employees and Customer shall be responsible for all use and fees associated with accessing the data with the password, whether or not authorized by Customer

(g) Customer shall not use the Services for any purpose that (i) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, or (ii) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing.

(h) Customer shall not remove, alter or obscure any proprietary notices in the Services and will reproduce all such notices on all copies or portions thereof.

(i) Customer shall not refer to any selection criteria or any presumed knowledge about the consumer being contacted in any direct mail solicitation, telephone solicitation or survey.

4. Compliance Audits.

FACL reserves the right, during normal business hours, on reasonable notice, and at FACL's expense, to audit the Customer to ensure Customer's compliance with the terms and conditions of this Agreement. FACL shall select an auditor in its sole discretion. If such auditor determines there has been a breach in Customer's compliance with the terms of this Agreement, FACL may immediately terminate this Agreement and pursue its other legal remedies. Should Customer not cooperate with FACL's audit request within five (5) days, Customer shall be deemed to have conclusively admitted to a material breach in Customer's compliance for which FACL may immediately terminate this Agreement and pursue its legal remedies.

5. Records and Copy Review.

(a) Customer shall maintain current, accurate and complete records relating to its use of the Services for at least twelve (12) months after any direct marketing activity, including, but not limited to: sample mail pieces, telemarketing scripts, ad copy and other communications, as applicable. FACL, or any representative it designates, shall have the right to examine, copy and make extracts from all such records and any source documents used in preparation thereof, at any time during normal business hours, provided FACL gives Customer reasonable notice prior to any such examination.

(b) At any time upon FACL's request, Customer shall provide FACL with a copy of the direct mail solicitations or telephone scripts used in connection with the Services. Upon reasonable notice, FACL reserves the right to review any such solicitations or scripts for compliance with this Agreement. In the event Customer fails to provide such items, FACL may delay delivery of the Services with no liability. If, in FACL's sole judgment, the subject solicitations or scripts fail to comply with this Agreement, FACL may cancel or terminate this Agreement, with no liability.

6. Fees.

In consideration of the rights granted to Customer hereunder, Customer shall pay to FACL the fees stated within the Services. By submitting an order to FACL, Customer authorizes FACL to charge the credit card entered into ListSourceTM by Customer for the Services at the fees stated within the Services. Fees are exclusive of use, ad valorem, personal property, and other taxes, which are the responsibility of Customer. FACL shall charge Customer applicable sales tax, and Customer shall be responsible for filing all other taxes. FACL reserves the right to change the fees for the Services at any time. Additional charges may apply for training users at Customer locations. Customer shall provide all Internet connectivity, hardware and software necessary to access ListSourceTM.

7. Term and Termination.

The initial term of this Agreement is twelve (12) months commencing on the date Customer enters into this Agreement. Thereafter, the term shall automatically renew for additional successive twelve (12) month terms. Either party may forego automatic renewal by giving the other party not less than thirty (30) calendar days written notice of termination prior to the expiration of the then-current term. If either party breaches any provision of this Agreement, the non-breaching party shall, upon providing written notice of such breach, be entitled to immediately terminate this Agreement, provided such breach is not cured within five (5) days following such notice. Upon termination of this Agreement by either party, Customer, at its own expense, shall return all Services to FACL or certify that the Services have been destroyed within ten (10) business days of termination, and any amounts unpaid by Customer shall be immediately due and payable. Failure to return or certify the destruction of the Services to FACL will result in: (i) Customer's obligation to pay a perpetual license fee for the Services; or (ii) Customer's obligation to permit FACL's agent to have access to Customer's premises for the retrieval of the Services and Customer shall pay the actual costs as reasonably incurred by FACL to retrieve same.

8. Disclaimer.

THE SERVICES ARE INFORMATIONAL ONLY AND ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL OR INVESTMENT ADVICE. THE SERVICES ARE BASED UPON CERTAIN DATA, SUBJECT TO FREQUENT CHANGE. FACL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE METHODOLOGIES USED OR THE ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY OF THE SERVICES. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANY RELIANCE ON OR USE BY CUSTOMER OF THE SERVICES SHALL BE ENTIRELY AT CUSTOMER'S OWN RISK. FACL MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE SERVICES IN ANY JURISDICTION, STATE OR REGION. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO CUSTOMER'S USE OF THE SERVICES.

9. Limitation of Liability.

FACL's TOTAL LIABILITY AND CUSTOMER'S EXCLUSIVE REMEDY UNDER OR RELATED TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, SHALL BE LIMITED TO DIRECT MONEY DAMAGES NOT EXCEEDING THE AMOUNT PAID BY CUSTOMER TO FACL DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMIT IS CUMULATIVE AND ALL PAYMENTS UNDER THIS AGREEMENT WILL BE AGGREGATED TO CALCULATE SATISFACTION OF THE LIMIT. THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THE LIMIT. FACL SHALL HAVE NO LIABILITY UNDER OR IN ANY WAY RELATED TO THIS AGREEMENT FOR ANY LOSS OF PROFIT OR REVENUE OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES, EVEN IF FACL IS AWARE OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. CUSTOMER AGREES THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT, AND THAT THE SERVICES WOULD NOT BE PROVIDED TO CUSTOMER ABSENT SUCH LIMITATIONS.

10. Indemnification.

CUSTOMER AGREES TO INDEMNIFY AND HOLD FACL HARMLESS FROM AND AGAINST ALL CLAIMS OF THIRD PARTIES ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES BY THE CUSTOMER, OR ATTRIBUTABLE TO CUSTOMER'S BREACH OF THIS AGREEMENT; PROVIDED THAT FACL GIVES CUSTOMER PROMPT WRITTEN NOTICE OF ANY SUCH CLAIM. FACL SHALL CONTROL THE DEFENSE AND ANY SETTLEMENT OF SUCH CLAIM, AND CUSTOMER SHALL COOPERATE WITH FACL IN DEFENDING AGAINST SUCH CLAIM.

11. General.

(a) Unless specified otherwise in a fully-executed license agreement with FACL, this Agreement constitutes the entire agreement between the parties with respect to the Services and supersedes any prior understanding or agreement, oral or written, relating to the Services.

(b) The interpretation and construction of this Agreement, and all matters relating hereto, shall be governed by the laws of the State of California applicable to agreements executed and to be performed solely within California. The parties hereby submit to the jurisdiction of, and waive any venue objections against, the United States District Court for the Central District of California, Orange County Branch and the Superior and Municipal Courts of the State of California, Orange County in any litigation arising out of relating to this Agreement or its subject matter. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

(c) The prevailing party shall be awarded its reasonable attorney's fees and costs in any lawsuit arising out of or related to this Agreement.

(d) No modification, amendment, supplement to or waiver of any provision of this Agreement shall be effective unless in writing and duly signed by an authorized representative of both parties hereto.

(e) Any provision of this Agreement that contemplates performance subsequent to the expiration or earlier termination of this Agreement shall survive such expiration or termination and shall continue in full force and effect until fully satisfied.

(f) FACL shall not be liable for any delay or failure in its performance of any of the acts required by this Agreement when such delay or failure arises for reasons beyond FACL's reasonable control.

(g) Customer may not assign this Agreement or any rights or obligations hereunder.

(h) Neither party shall use, or permit their respective employees, agents and subcontractors to use the trademarks, service marks, copyrighted material, logos, names, or any other proprietary designations of the other party, or the other party's affiliates, whether registered or unregistered, without such other party's prior written consent.

(i) Except with FACL's prior written approval, Customer shall not disclose FACL as a data source to any third party, unless required by federal, state or local laws or government regulations and with prior written notice to FACL.

(j) Customer shall provide for physical security of the Services with the same degree of care (provided that such is at least a reasonable degree of care) that Customer uses to protect its own most sensitive data.

(k) Any notice or other communication required or permitted under this Agreement shall be sufficiently given if delivered in person or sent by one of the following methods: (a) registered U.S. mail, return receipt requested (postage prepaid); (2) certified U.S. mail, return receipt requested (postage prepaid); or (3) commercially recognized overnight service with tracking capabilities. Notices to FACL shall be sent to 4 First American Way, Santa Ana, California 92707, with a copy to FACL's counsel at the same address marked Attention: Legal Department. Notices to Customer shall be sent to the address entered by Customer in the ListSourceTM registration information. Notices or communications shall be deemed properly delivered as of the date personally delivered or sent by mail or overnight service.

By accessing the information contained within ListSourceTM and clicking "I Accept," Customer agrees to be bound by all terms and conditions contained in this Agreement. By clicking "I Accept," you assert that you are an authorized agent of Customer with the authority to bind Customer to the terms and conditions contained in this Agreement. If you do not accept the terms and conditions contained herein, you may not use the Services.

Last Updated February 12, 2008.
 

Important Information about Your Privacy. 

First American CoreLogic is the nation’s largest aggregator of publicly-recorded property information in the United States.  We compile information recorded with the county recorder and assessors’ offices.

First American CoreLogic is not engaged in direct marketing to consumers, and is therefore not subject to certain consumer privacy laws that apply to direct marketing companies.  However, companies that engage in direct marketing are required to comply with state and federal laws designed to protect consumers from receiving unwanted solicitation.

To have your information removed from lists used for telemarketing and direct mail, you may register via mail and/or online with the organizations listed below.  Generally, you will stop receiving telemarketing calls within 3 to 6 months of registration, but the timeframe may vary based on the guidelines of the applicable agency.

Direct Marketing Association (DMA):

 Mail Preference Service                                               Telephone Preference Service
 Direct Marketing Association                                      Direct Marketing Association
 P.O. Box 9008                                                                P.O. Box 9014
 Farmingdale, NY 11735-9008                                    Farmingdale, NY 11735-9014

DMA Consumer Assistance Web site: www.dmaconsumers.org/dmasponsorship.html

• Getting Off Mailing Lists: www.dmaconsumers.org/cgi/offmailinglist
• Getting Off Telephone Call Lists: www.dmaconsumers.org/cgi/offtelephone
• Getting Off E-Mail Lists: www.dmachoice.org/EMPS/

Federal Trade Commission:
             FTC National Do-Not-Call Registry: https://www.donotcall.gov/default.aspx

If you would like to have your name removed from real estate public records, please contact your county offices for options on how this can be achieved.

Important Information for Businesses about Consumer Opt-Out Regulations.

First American CoreLogic recognizes the challenges that our clients face regarding consumer opt-out regulations.  Companies involved in direct marketing to consumers are required by law to comply with certain state and federal regulations that protect consumers from receiving unwanted solicitation.  As a convenience to our clients, First American CoreLogic performs the following services to make our suite of products more “opt-out friendly”:

• Identify and scrub all telephone numbers in our database against the Federal Trade Commission’s National Do-Not-Call Registry according to the following intervals:
  • Phone numbers appended to transaction records received from county recorder offices are scrubbed daily
  • Phone numbers appended to records received from tax assessors’ offices are scrubbed twice monthly
• Identify and scrub all mailing address files received from tax assessors’ offices against addresses registered with the Direct Marketing Association’s Mail Preference Service on a quarterly basis.

The following are links to some key providers of information regarding consumer opt-out regulations:

Direct Marketing Association (DMA):

• DMA Consumer Assistance Website: www.dmaconsumers.org/dmasponsorship.html
  • Getting off Mailing Lists: www.dmaconsumers.org/cgi/offmailinglist
  • Getting Off Telephone Call Lists: www.dmaconsumers.org/cgi/offtelephone
  • Getting Off E-Mail Lists: www.dmachoice.org/EMPS/
  • Federal Trade Commission. FTC National Do-Not-Call Registry: https://www.donotcall.gov/default.aspx