Privacy Policy

Our Agreement

(E-SIGN)

By (1) using the website www.ellensrealtyguam.com and (2) submitting your information to “Continue My Search” to create a user profile, you enter a legally binding contract with Ellen’s Realty, the website, real estate professionals or lenders who use it, and their related entities (collectively, “Company,” “us,” “we,” and “our”). You agree to this Privacy Policy and our Terms of Use, providing your express written consent to all terms herein. Your actions are considered an electronic signature, equivalent to a written signature. You can request a paper copy of this agreement by calling (619) 787-0702 or emailing info@ellensrealtyguam.com. To withdraw consent, follow the opt-out procedures in the “Our Communications with You” section below.

We prioritize your privacy protection. This Privacy Policy outlines the Personal Information and Usage Information we collect, how it is collected, used, and shared, your choices regarding our use of the information, measures we take to protect your personal information, and how you can review and correct your personal information.

This Privacy Policy applies to web pages, mobile applications, email lists, and information, including Personal Information, collected and/or owned by us, regardless of collection method (e.g., mail, fax, email, sign-up/sign-in page) and any online features, services, and/or programs we offer (collectively, “Web Properties”). It does not apply to web pages, mobile applications, social media sites, or information collected and/or owned by entities other than us.

By accessing the Web Properties, you consent to the information collection and use practices described in this Privacy Policy. Your use of the Web Properties is also governed by the Terms of Use.

Our Communications with You

(TCPA Consent for United States Residents)

EXPRESS WRITTEN CONSENT: By providing your contact information, you give your express written consent to receive communications from us at the email addresses and telephone numbers you entered or later provide to us.

E-MAILS, CALLS, AND TEXTS: Communications may include telemarketing messages through email, landline phone, fax, cellular phone, and text messages (including SMS and MMS).

AUTODIALING: We may use an automatic telephone dialing system (“auto-dialer”) with artificial or pre-recorded voice or “robotexts.” Standard carrier rates and charges may apply.

NO PURCHASE NECESSARY: Consent to these communications is not a condition for purchasing any property, goods, or services from us.

REVOKING CONSENT AND OPTING OUT: Revoke your consent to receive communications at any time by replying “STOP” to any of our texts or by other reasonable means. Replying “STOP” will automatically revoke your consent for further text communications. We may take up to 30 days to stop communications if you use a method other than the automatic reply “STOP.” You consent to a final text message confirming your opt-out. Revoke your consent to receive email communications by using the “unsubscribe” link in an email, on the website, or by other reasonable means. The “unsubscribe” link will also allow you to stop text communications.

Communication Frequency:

Your consent also serves as your express written consent to any past electronic communications from us.

You represent and warrant that:

You are at least 18 years old.
You reside in the United States (or Canada, in which case the Canadian consents below apply).
You have not registered on a national or statewide Do Not Call list.
You are the account holder for the email addresses and phone numbers you provided, or you have authorization from the account holder to give this consent.
The email addresses and phone numbers you provided are accurate, and you will inform us if you release them to another party.
Our mobile service is only available in certain states. Some mobile features may be incompatible with your carrier or mobile device. Contact your carrier for questions regarding these issues.

Additional Communications Provisions (For Canadian Residents):

In addition to the consent provided above in the “Our Communications With You (United States)” section, Canadian residents agree to the following provisions related to compliance with Canada’s Anti-Spam Legislation (CASL), Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA), and Canadian provincial law including Alberta’s Personal Information Protection Act (PIPA), British Columbia’s Personal Information Protection Act, and Quebec’s Act Respecting the Protection of Personal Information in the Private Sector:

You agree to the provisions governing the use and disclosure of personal information found in our Terms of Use.
As our communications include your interest in future real estate purchases, our communication with you will continue until you revoke your consent or opt-out, indicating you are no longer considering real estate opportunities.
Your personal information may also be transmitted to, used in, and stored in the United States.

Dispute Resolution - Arbitration Agreement

(Mandatory Binding Arbitration and Class Action Waiver):

Please read this Arbitration Agreement carefully, as it will have a significant impact on how legal claims between you and us are resolved. For instance, if we elect to require you to arbitrate any claim, you will not have the right to a jury trial or the right to participate in a class action in court or in arbitration.

You have the right to reject this Arbitration Agreement as described below. If you do not reject this Arbitration Agreement and a Claim is arbitrated, neither you nor we will have the right to: (1) have a court or a jury decide the Claim; (2) engage in information-gathering (discovery) to the same extent as in court; (3) participate in a class action, private attorney general, or other representative action in court or in arbitration; or (4) join or consolidate a Claim with claims of any other person. The right to appeal is more limited in arbitration than in court, and other rights in court may be unavailable or limited in arbitration.

This Arbitration Agreement describes when and how a Claim (as defined below) arising under or related to the Terms of Use and Privacy Policy between you and us may be arbitrated. Arbitration is a method of resolving disputes in front of one or more neutral persons, instead of having a trial in court in front of a judge and/or jury. If a claim is arbitrated, each party waives its, his, or her respective rights to a trial before a jury in connection with the Claim. Arbitration can be a quicker and simpler way to resolve disputes. As solely used in this Arbitration Agreement, the terms “we,” “us,” and “our” mean “us” as defined above, our parent companies, wholly or majority-owned subsidiaries, affiliates, commonly-owned companies, management companies, successors, assigns, and any of their employees, officers, and directors. For purposes of this Arbitration Agreement, these terms also mean any third party providing any goods or

Initiating Arbitration; Commencing an Arbitration Procedure:

Both parties have the option to arbitrate a Claim by providing written notice of their intention to arbitrate or by submitting a request for arbitration. This notice can be given before or after a lawsuit is filed concerning the Claim or in relation to other Claims introduced later in the lawsuit, and it can be provided through documents filed in the lawsuit, such as a motion for arbitration. Each arbitration administrator mentioned below has specific guidelines for initiating arbitration. Regardless of who chose arbitration or how it was chosen, the party making the Claim (i.e., the party seeking monetary damages or other relief from a court or arbitrator) is responsible for commencing the arbitration procedure. Consequently, if you file a Claim against us in court and we decide to arbitrate the Claim by submitting an arbitration request that the court approves, you will be responsible for initiating the arbitration process. Likewise, if we file a Claim against you in court, you file a counterclaim against us, and we choose to arbitrate the counterclaim by submitting an arbitration request that the court approves, you will be responsible for initiating the arbitration process. Even if all parties have decided to litigate a Claim in court, either you or we can choose arbitration for any Claim made by a new party or any Claim subsequently made by a party in that or any related or unrelated lawsuit (including a Claim initially made on an individual basis but modified to be made on a class, representative, or multi-party basis). Nothing in that litigation constitutes a waiver of any rights under this Arbitration Agreement.

Selecting the Administrator:

The party initiating the arbitration process must select one of the following arbitration organizations as the Administrator: the American Arbitration Association (the “AAA”), 120 Broadway, Floor 21, New York, NY 10271, www.adr.org, or JAMS, 1920 Main St Ste 300, Irvine, CA 92614, www.jamsadr.com. You can contact these organizations directly for any questions about their arbitration procedures or to obtain a copy of their rules and forms (also available on their websites). A single arbitrator will be appointed. If the selected Administrator is unable or unwilling to serve or continue serving as Administrator, the other company will assume the role of Administrator. If neither AAA nor JAMS is able or willing to serve as Administrator, both parties will mutually agree on an Administrator or arbitrator, or a court with jurisdiction will appoint the Administrator or arbitrator (or arbitrators, in the case of a three-arbitrator panel as described in Section “j” below). No company may serve as Administrator without the consent of all parties if it adopts or maintains any formal or informal policy that is inconsistent with or purports to override the Class Action Waiver terms in Section (e) of this Arbitration Agreement. In all cases, the arbitrator(s) must be a lawyer with over 10 years of experience or a retired judge. The arbitration of a Claim must comply with this Arbitration Agreement and, to the extent not inconsistent or in conflict with this Arbitration Agreement, the relevant rules of the arbitration Administrator.

Class Action Waiver:

Regardless of any other provision in the Terms of Use or Privacy Policy, if either party elects to arbitrate a Claim, neither party will have the right: (a) to participate in a class action, private attorney general action, or other representative action in court or in arbitration, either as a class representative or class member; or (b) to consolidate Claims with those of any other individuals. No arbitrator has the authority to conduct any arbitration that violates this provision or to issue any relief applicable to any person or entity other than you and/or us individually. Arbitration Outcome and Appeal Rights: Any court with jurisdiction may enter a judgment based on the arbitrator’s award. The arbitrator’s decision is final and binding, except for any appeal rights provided by the FAA. The arbitrator’s authority is limited to deciding the case submitted by the parties for arbitration. As a result, no arbitrator’s decision shall serve as a precedent in other arbitrations, except for disputes between the same parties, where it may be used to prevent the same claim from being re-arbitrated. If the Claim amount exceeds $25,000, any party can appeal the award to a three-arbitrator panel administered by the Administrator within 30 days after the arbitrator’s award entry. (If an appeal is not filed within that time, the arbitration award becomes final and binding). The panel shall reconsider the initial award in its entirety (de novo) as requested by the appealing party. This means they will reach their own factual findings and legal conclusions without deferring to the original arbitrator. The panel’s decision will be by majority vote. If an appeal of the arbitrator’s decision has been taken, any reference in this Arbitration Agreement to “the arbitrator” shall mean the panel. Appeal costs will be borne according to subparagraph (g) above, titled “Cost of Arbitration.” The appeal panel’s final decision is subject to judicial review only as provided under the FAA.

Interpretation Rules:

This Arbitration Agreement shall continue to be in effect even after the termination, cancellation, or suspension of the Terms of Use or Privacy Policy, any legal proceeding, and any bankruptcy involving you, as long as it is consistent with applicable bankruptcy law. If there is a conflict or inconsistency between this Arbitration Agreement and the applicable arbitration rules or other provisions of the Terms of Use or Privacy Policy, this Arbitration Agreement shall prevail. If any part of this Arbitration Agreement is deemed invalid or unenforceable, it shall not invalidate the Contract or the remaining parts of this Arbitration Agreement, except for:

(A) The parties acknowledge that the Class Action Waiver is a critical and non-severable part of the arbitration of any disputes between them. If the Class Action Waiver is limited, voided, or deemed unenforceable, then this Arbitration Agreement (except for this sentence) will be null and void concerning such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The parties agree that under no circumstances will a class action be arbitrated; and

(B) If a Claim is filed seeking public injunctive relief and a court determines that the restrictions in the Class Action Waiver or elsewhere in this Arbitration Agreement prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable concerning such Claim (and that determination becomes final after all appeals have been exhausted), the Claim for public injunctive relief will be determined in court, and any individual Claims for monetary relief will be arbitrated. In this case, the parties will request the court to stay the Claim for public injunctive relief until the arbitration award concerning individual relief has been entered in court. A Claim for public injunctive relief will not be arbitrated under any circumstances.

Job Application Information:

Job Application Information: When submitting a job application or inquiry, you may provide personal details such as a resume or curriculum vitae. This information may be used throughout the Company and its controlled subsidiaries and affiliates for employment evaluation. We will retain this information for future consideration unless you request otherwise.

This Privacy Policy does not impose restrictions on the use of aggregated or de-identified information that can no longer be linked to an identifiable user of the Web Properties.

Sharing Your Information Your information provided through the Web Properties will not be shared with external parties outside of the Company affiliates, except as described below or with your permission.

Sharing with Service Providers and Clients:

We may disclose Personal Information and Usage Information to our subsidiaries, affiliated companies, and other businesses or individuals for the purpose of processing such information on our behalf and promoting products and services from our trusted partners. For instance, we may transfer Personal Information and other details about you to a local real estate broker or lender when you express interest in residential properties. We require these parties to comply with our Privacy Policy or a comparable industry-standard policy. Some or all of your information may be stored on servers outside the United States. The use of your information by one of our trusted partners may be subject to their own privacy policy.

Information Transfers:

We reserve the right to transfer your Personal Information and any other information related to or from you, in association with the merger, sale, or other disposition of all or part of our business and/or assets. We cannot guarantee the use or transfer of your Personal Information or other details in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By using the Web Properties, you consent to the use and/or transfer of your Personal Information or other details in connection with a sale or transfer of some or all our assets in any of the aforementioned situations. We are not responsible for any security breaches by third parties or their actions in receiving any disclosed information.

We may also disclose your Personal Information with your permission or as directed by you.

Security Measures
We are dedicated to safeguarding your personal information through technical, administrative, and physical security measures designed to protect against unauthorized access, use, or disclosure.

You are responsible for maintaining the security of your username, password, and User Account information from unauthorized access, use, or disclosure. You must not bypass the Web Properties’ security features.

You agree to: (a) promptly notify us of any unauthorized use of your username, password, and/or User Account, or any other security breach; and (b) ensure that you log out from your User Account at the end of each session. Although we employ technologies and procedures designed to protect your confidential information and provide suitable security, we cannot guarantee the security of information transmitted through the internet or that such transmissions are free from delay, interruption, interception, or error.

Reviewing and Updating Your Personal Information

You can request to review and correct your Personal Information collected through the Web Properties by completing our Contact Us form or, if you have a User Account, by accessing your User Account. We may take steps to verify your identity before granting access to your Personal Information. Please inform us of any changes to your mailing address, phone number, or email address to help maintain the accuracy of your information.

Information on Children

The Web Properties are not designed or intended for use by children under the age of 13. By using the Web Properties, you confirm that you are over 18 years of age, an emancipated minor, or possess parental or legal guardian consent, and are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties outlined in this Privacy Policy, and to comply with this Privacy Policy.

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Privacy Policy

Our Agreement

Our Communications with You

Dispute Resolution - Arbitration Agreement

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