Welcome to BellaRuby!
- what Personal Information BellaRuby receives or collects from you,
- how BellaRuby uses and shares your Personal Information with others, and
- your choices and obligations regarding your Personal Information.
Your correspondence or business dealings through such third party websites or entities, including payment for and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are made at your own risk and are solely between you and such third party websites or entities. Please note that we do not guarantee and are not responsible for the content of such third party websites or entities. You acknowledge and agree that BellaRuby is not responsible or liable, directly or indirectly, for any damage, expense or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, advertising, products, services or other materials available on or through any such third party websites or entities.
BellaRuby collects Personal Information from you to enable BellaRuby to provide a variety of Services to you and other Subscribers and Users, and/or to improve the Services over time. We collect Personal Information that you and/or other Subscibers provide to us and we collect Personal Information about you and your device when you access or use the Site or our Services.
Personal Information You Provide to Us When Creating Your Account
In order to gain access to additional features, however, you must register and create an Account with BellaRuby. Users who have registered an Account shall thereafter be “Subscribers”. This Agreement may from time to time refer to different types of Subscribers such as Consumers, Lenders, Real Estate Agents, and Suppliers depending on the context in which such terms are used. A Subscriber that is a potential buyer or seller is a “Consumer”, a Subscriber that is a mortgage lender is a “Lender”, a Subscriber that is a real estate agent or firm is a “Real Estate Agent”, and a Subscriber that is a service provider and/or supplier is a “Supplier”. When you register or update your Account through the Site, you may provide your Contact Information that we will use to set up or update your Account. This may include your name, postal address, email address, website address, and telephone number (collectively, your “Contact Information”). You also will provide us with Access Credentials that we will use for security purposes, such as to authenticate your identity or that of your device each time you log in to the Site. These Access Credentials may include one or more of the following: a user name, a personal identification number (“PIN”), a password, responses to security questions, and biometric information (e.g., picture of your face)(collectively, your “Access Credentials”).
When Creating Your Profile
After your account is set up, you will provide Subscriber Information that BellaRuby will use to create or update your Profile. Your Subscriber Information may include some or all of your Contact Information as well as information that identifies the type of Subscriber, subscription materials, usage history (for example, frequency of access) or permissions relating to the collection or use of certain Subscriber Information, permission regarding accuracy of location information, or other information depending on the type of Subscriber (collectively, “Subscriber Information”). Your Subscriber Information may also include context information that identifies one or more of the following: your gender, primary or secondary languages, place of birth, date of birth, marital status, country of citizenship, ethnicity, religious affiliation, education level and background, knowledge, skills, abilities, certifications, profession or trade, interests and hobbies, preferences (e.g., favorite subjects, movie genres, book genres, etc.), permission regarding your device location accuracy, etc.
When You Provide Subscriber Content
Subscriber Information, Access Credentials, Subscriber Content, and Contact Information shall be referred to, individually or collectively, as “Personal Information”. BellaRuby will not permit your Profile or Contact Information to be made publicly accessible. However, BellaRuby expressly reserves the right to de-identify your Profile or Contact Information and may make such de-identified Profile and/or Contact Information public.
You may choose not to specify certain Personal Information (“Opting Out”) without affecting the registration of your Account. You understand and agree that Opting Out of certain Personal Information may impair the performance of the Services, or render the Services inoperable or unavailable to you.
Personal Information We Collect When You Use BellaRuby Services.
We may also collect Personal Information when you access the Services including the following:
- Device Information. When you use or access BellaRuby, we may collect information associated with the device from which you are communicating such as your wireless mobile device, tablet computer, laptop computer, desktop computer, or the like. Such device information may identify the make and model of your device; the type or version of your operating system; unique device identifier(s), an Internet Protocol (IP) address, a media access control (MAC) address, or information associated with your service provider or mobile carrier.
- Usage Information. When you use the Services, we may automatically collect or store certain Personal Information regarding your usage patterns or habits, such as:
- Details of which Services you use and how often you use them, including application names, access point names (APNs), or packet data networks (PDNs).
- Information associated with Lender pages and real estate listings viewed.
- Information regarding websites visited, purchases of goods or services, promotional materials, discounts offers, uniform resource locators (URLs) relating thereto; time, date, or bandwidth of browsing session; type of Subscriber Content accessed (text, video, audio, or images), etc.
- Device or communication performance information such as type or version of browser, browser protocols, data rates, or information identifying Quality of Service exhibited during a session, dropped communications, etc.
- Location Information. When you access the Services, we may collect and process information about your device’s actual location using Global Positioning System (GPS) signals sent by your device, from a third party location service, or from terrestrial network signals that identify via which network device, cell, Wi-Fi access point, network address, etc. your device is communicating.
Grant of License
How We Use and Share Your Personal Information
Consent to Our Use, Collection, or Sharing of Your Personal Information.
Withdrawal of Consent. You have the right to withdraw your consent to BellaRuby collecting, using, or sharing of your Personal Information by closing your account and discontinuing use of the Site and Services.
Uses of Your Personal Information.
- Our Internal Use. We use your Personal Information for our own internal purposes including providing the Services to you, improving the Services, recording and analyzing how and the amount to which Users and Subscribers use the Services.
- Creating De-identified Personal Information. We may encode or obfuscate your Personal Information to create de-identified Personal Information that removes any information that enables a Subscriber or User to be identified. We may use the de-identified Personal Information for our own internal purposes, for data aggregation and analytics, and/or when providing Services to you.
- Our Communications to You. We may communicate with you through email, text messages (e.g., using an Instant Message (IM) protocol, a short message service (SMS) protocol, or some other message protocol, notices of promotions, and notices posted via the BellaRuby Site.
We may also, from time to time, send you messages to inform you about how to best use the Services, new features or functionality of the Site, security warnings, planned Service disruptions, promotional and advertising content, an BellaRuby-related event, or a third party’s or Subscriber’s goods and services. Furthermore, we may send to your device promotional or advertising content, new versions or updates to BellaRuby, software patches or scripts (e.g., to improve security, performance, etc.), and new security enhancements. By way of example, we may send you our periodic electronic newsletter that describes upgrades to or the latest news related to BellaRuby, BellaRuby-related events, etc. If you do not wish to receive this newsletter, you may select a link within the newsletter to unsubscribe or opt out of receiving future copies of the newsletter.
- Your Communications to Us, Other Subscribers, or Third Parties. Many communications that you initiate through BellaRuby including accessing Lender-related Services, Real Estate Agent-related Services, Supplier-related Services, posting a blog entry, providing property information, responding to requests for information, responding to a survey, etc. may include your Personal Information including without limitation your name, your email address, the other Subscriber’s name or email address, etc. Messages you initiate may also provide the recipient with aggregate information about you (such as names, email addresses, and location information).
- Change in Control or Ownership of BellaRuby. If BellaRuby or any of its assets including without limitation the BellaRuby Site, or the Services are acquired or transferred by a third party, we will attempt to notify you so that you may make an informed decision about a new use (if any) of your Personal Information.
- Communications in case of Harm or Compliance with Applicable Law. We may disclose your Personal Information in special cases when we believe in good faith that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property or the rights or property of our members, Subscribers, Users, or others. We also may disclose your Personal Information when we believe in good faith that the law, legal process or a lawful investigation requires it.
- Security. We exercise great care in providing secure transmission of your Personal Information between your device and our servers or those of a third party. We also take great care to protect your Personal Information that is stored off-line. Your Personal Information is handled by BellaRuby authorized personnel or third parties that are authorized by us. Unfortunately, no data transmission over the Internet can be guaranteed to be secure, and we will not be held liable should a third party illegally obtain your Personal Information following Delivery (described below) or prior to Receipt (described below) of your Personal Information by BellaRuby. While we work hard to protect your Personal Information, we cannot ensure and do not warrant the security of any Personal Information you transmit to or from us, and you do so at your own risk.
Delivery and Receipt of Personal Information
Receipt and Delivery of Personal Information. You expressly acknowledge and agree that BellaRuby, its members, directors, officers, employees, and agents shall have no responsibility or liability whatsoever associated with any Personal Information prior to its Receipt by BellaRuby Equipment from any Subscriber or User, or following the Delivery of Personal Information by the BellaRuby Equipment to any Subscriber or User.
“BellaRuby Equipment” shall be defined as any server, firewall, database or other equipment on which BellaRuby is hosted and which is owned or controlled by BellaRuby.
“Receipt” shall be defined as the instant at which any portion of your Personal Information, is detected or received by the BellaRuby Equipment from a communication path (for example, a wired and/or wireless communication path or link) over which your Personal Information is transmitted by a Subscriber or User that is authorized to access or use the BellaRuby Services.
“Delivery” shall be defined as the instant at which any portion of your Personal Information, is transmitted by the BellaRuby Equipment and enters a communication path (for example, a wired and/or wireless communication path or link) over which the Personal Information is transmitted to a Subscriber or User that is authorized to access or use the BellaRuby Services.
You expressly acknowledge and agree that BellaRuby shall have no responsibility whatsoever for any breach, loss, or theft of any Personal Information on any device of Subscriber or User that can access or use the BellaRuby Services, or during transmission (before Receipt or after Delivery) of such Personal Information to or from the BellaRuby Equipment.
Indemnification. You shall defend, indemnify, and hold harmless (i) BellaRuby, LLC, and its respective members, directors, officers, successors, and assigns; (ii) Nat Wallen Real Estate, Inc., its respective officers, directors, successors, and assigns; and (iii) Nathanael Wallen and his respective heirs, successors, and assigns (collectively, the “Indemnified Parties”) from any and all loss, cost, liability, and expense (including reasonable attorneys’ and experts’ fees) arising out of or relating to any Subscriber or User, their Internet service provider, or your use, storage, duplication, copying, modification, transmission, loss, or theft of any Personal Information (i) following the Delivery from BellaRuby of such Personal Information to a Subscriber, User, or third party, including any Internet service provider, or (ii) prior to the Receipt by BellaRuby of such Personal Information.
Your Choices and Obligations Regarding your Personal Information
Rights to Access, Change, or Delete Your Personal Information.
You may access your Profile to review or modify your Personal Information. This includes your Contact Information, Access Credentials, Subscriber Content, Subscriber Information, or location accuracy settings. To ensure that we can continue to provide the Services, perform security functions (for example, authenticating your identity), and maintain your Account, you are precluded from deleting certain Personal Information, including your Contact Information, Access Credentials, device information, and usage information.
Rights to Terminate and Delete Your Account.
Your Obligations and Warranty.
Policy Toward Children
BellaRuby, the Site and the Services are not a website or online service that is directed toward children under thirteen (13) years of age within the meaning of the Children’s Online Privacy Protection Act of 1998 (COPPA), and no Services or Site Content are directed to persons under the age of thirteen (13) (the “Minimum Age”).
If you become aware that your child has provided us with Personal Information without your consent, please contact us at firstname.lastname@example.org. We do not knowingly collect Personal Information from children below the Minimum Age. If we become aware that a child under the Minimum Age has provided us with Personal Information, we will take steps to promptly remove such Personal Information and terminate the account associated with the child. You can find additional resources for parents here.