Privacy Policy
You are entering a binding contract with Surf & Vine Vacation Homes LLC, the real estate brokers and agents who use the website www.surfandvinevacationhomes.com and their parents, subsidiaries and affiliates (the “Company,” “us,” “we” and “our”). By (1) using this website (“browsewrap”), and (2) by submitting your information and clicking to agree to this Privacy Policy (“clickwrap”) and creating a user profile, you agree that you are giving your express written consent to all the terms below, as well as our Terms of Use. You agree that your doing so constitutes your electronic signature, and is equivalent to a written signature.
You may choose to receive this contract on paper by calling us at (707) 837-7377 or emailing us at info@surfandvinevacationhomes.com. You may withdraw this consent by using the opt-out procedures described in the “Our Communications With You” section below.
We are committed to protecting your privacy. This Privacy Policy defines the Personal Information and Usage Information that we collect and describes how that information is collected, used, and shared. This Privacy Policy also describes your choices regarding our use of that information, the steps we take to protect your personal information and how you can review and correct your personal information.
This Privacy Policy is in effect for any web page, mobile application, email list, and information, including Personal Information, collected and/or owned by us, regardless of the method of collection (e.g., mail, facsimile, email, sign-up/sign-in page), including collection through any online features, services, and/or programs we offer (collectively, the “Web Properties”). This Privacy Policy is not applicable to any web page, mobile application, social media site, or information, collected and/or owned by any entity other than us. By accessing the Web Properties, you are consenting 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 submitting your contact information, you are providing your express written consent to receive communications from us at the email address and telephone numbers you entered into our contact form, or that you later provide to us or enter into your contact page.
E-mails, Calls, and Texts. These communications may include telemarketing messages, through the use of email, landline phone, fax, cellular phone, and text messages (including SMS and MMS).
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 communications at any time by replying “stop” to any of our texts, or by any other reasonable means. We will make a commercially reasonable effort to comply with any communications from you opting out, but reply “stop” will automatically revoke your consent to further text communications, and we recommend that method. We may take up to 30 days to stop communications if you use a method other than the automatic reply “stop.” You consent to receive a final text message confirming your opt-out. You may revoke your consent to receive email communications by using the “unsubscribe” link in an email or by any other reasonable means. We may take up to 30 days to stop email communications if you use a method other than “unsubscribe.”
Communication Frequency. How often we send you communications will vary, because the real estate professional who communicates with you will determine it. Your consent here also serves as your express written consent to electronic communications from us in the past.
You represent and warrant that:
- You are at least 18 years old
- You live in the United States
- 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 let us know if you release them to another person or individual
Our mobile service is available only in certain states. Certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
- You agree to the provisions governing use and disclosure of personal information that are found in our Privacy Policy
- Because the purpose of our communications include your interest in real estate services, our communication with you will continue until you revoke your consent or opt-out, which indicates you are no longer considering real estate services
- 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)
READ THIS ARBITRATION AGREEMENT CAREFULLY AS IT WILL HAVE A SUBSTANTIAL IMPACT ON HOW LEGAL CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. For example, 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 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.
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 services in connection with the Terms of Use and Privacy Policy, if such third party is named as a party by you in any lawsuit between you and us.
a. Your Right to Reject Arbitration
You may reject this Agreement by mailing a rejection notice to Surf & Vine Vacation Homes LLC, 755 Baywood Dr Ste 200, Petaluma CA 94954, Attn. Terms of Use and Privacy Policy Arbitration Rejection, within 30 days after you agree to these terms of use. Any rejection notice must include your name, address and telephone number; the date you agreed to the Terms of Use that your rejection notice applies to; and your signature. Your rejection notice will apply only to this Agreement in the Terms of Use and Privacy Policy.
b. What Claims Are Covered
“Claim” means any claim, dispute or controversy between you and us, whether preexisting, present or future, that in any way arises from or relates to the Terms of Use or Privacy Policy, your use of this website, your Account, any transaction in your Account, the events leading up to the Terms of Use or Privacy Policy, communications between you and us and the manner of communicating, any product or service provided by us or third parties in connection with the Terms of Use or Privacy Policy, the collection of amounts due and the manner of collection, enforcement of obligations, compliance with laws and/or regulations (including but not limited to the Telephone Consumer Protection Act), or the relationships resulting from any of the foregoing.
“Claim” has the broadest possible meaning and includes initial claims, counterclaims, cross-claims and third-party claims and federal, state, local and administrative claims. However, “Claim” does not include: (i) any dispute or controversy about the validity, enforceability, coverage or scope of this Arbitration Agreement or any part thereof; (ii) seeking and obtaining from a court provisional or ancillary remedies; (iii) the exercising of any self-help or non-judicial remedies; (iv) any individual action in court limited to preventing the other party from using a self-help remedy without damages; or (v) any individual action brought by you in small claims court or your state’s equivalent court.
c. Electing Arbitration; Starting an Arbitration Proceeding
Either you or we may elect to arbitrate a Claim by giving the other party written notice of the intent to arbitrate the Claim or by filing a motion to compel arbitration. The party asserting the Claim is responsible for starting the arbitration proceeding.
d. Choosing the Administrator
The party starting the arbitration proceeding must choose one of the following arbitration organizations as the Administrator: the American Arbitration Association (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. A single arbitrator shall be appointed. If neither the AAA nor JAMS is able or willing to serve, we and you will mutually agree upon an Administrator or arbitrator, or a court with jurisdiction will appoint one. Arbitrators must be a lawyer with more than 10 years of experience or a retired judge.
e. Class Action Waiver
If either you or we elect to arbitrate a Claim, neither you nor we will have the right 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 to join or consolidate Claims with claims of any other persons.
f. Location of Arbitration
Any arbitration hearing that you attend must take place at a location reasonably convenient to your residence.
g. Cost of Arbitration
At your written request, we will pay all filing, hearing and/or other fees charged by the Administrator and arbitrator to you for Claim(s) asserted by you in an individual arbitration after you have paid an amount equivalent to the fee, if any, for filing such Claim(s) in state or federal court (whichever is less) in the judicial district in which you reside. We will always pay any fees or expenses that we are required to pay by law or the Administrator’s rules.
h. Governing Law
This Arbitration Agreement is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. The arbitrator will apply the same statutes of limitation and privileges that a court would apply and may award any relief available under applicable law to an individual action brought in court.
i. Right to Discovery
Either party may submit a written request to the arbitrator to expand the scope of discovery normally allowable under the arbitration rules of the Administrator. The arbitrator has discretion to grant or deny that request.
j. Arbitration Result and Right of Appeal
Judgment upon the award may be entered in any court having jurisdiction. The arbitrator’s decision is final and binding, except for any right of appeal provided by the FAA. If the amount of the Claim exceeds $25,000, any party can appeal the award to a three-arbitrator panel within 30 days after entry of the award.
k. Rules of Interpretation
This Arbitration Agreement shall survive the termination, cancellation or suspension of the Terms of Use or Privacy Policy and any legal proceeding. If any portion is deemed invalid or unenforceable, it shall not invalidate the remaining portions, except that the Class Action Waiver is material and non-severable. If a Claim is brought seeking public injunctive relief and a court determines certain restrictions are unenforceable, the Claim for public injunctive relief will be determined in court while any individual Claims seeking monetary relief will be arbitrated.
l. Notice of Claim; Right to Resolve; Special Payment
Before initiating, joining or participating in any proceeding regarding any Claim, the Claimant must give the other party written notice of the Claim and a reasonable opportunity, not less than 30 days, to resolve it. If you submit a proper Claim Notice, we refuse the requested relief before an arbitrator is appointed, and an arbitrator later determines you were entitled to such relief (or greater relief), the arbitrator shall award you at least $7,500 (not including any applicable fees and costs).
Governing Law
We agree that the laws of the State of Texas, without regard to principles of conflict of laws, will govern these Terms and Conditions of Use and/or any dispute of any sort that might arise between you and the Company or its affiliates, except for the Arbitration Agreement, which is governed by the Federal Arbitration Act.
Your Consent to Future Changes
You agree that we may change the website, these Terms of Use, and our Privacy Policy at any time. Changes become effective immediately upon posting on this web page. Any use of the website following publication of changes constitutes your express written consent and acceptance of the changes. To opt out of future changes, email info@surfandvinevacationhomes.com or write to Surf & Vine Vacation Homes, 755 Baywood Dr Ste 200, Petaluma CA 94954. The opt-out shall be effective 10 days after receipt.
Types of Information Collected
The Company, and any third party we engage for administering and supporting our Web Properties, may collect two types of information: Personal Information and Usage Information.
Personal Information
The types of information we collect may include, among other things:
- Contact information (e.g., name, title, company/organization name, email address, telephone and facsimile numbers, and physical address)
- Demographic information (e.g., date of birth, nationality and country of residence)
- Information about your company and job function
- Your email marketing preferences
- Inquiries about and orders for our products and services
- Event registration information
- Feedback about the Web Properties and our products and services
- Financial information (e.g., bank account and credit/debit card numbers)
- Photos or videos
- Other information specific to you
Usage Information
We may collect generic information about your visit, such as:
- Internet Protocol (IP) address, protocol and sequence information
- Browser language and type
- Domain name system requests
- Operating system and platform, device type and device identifiers
- HTTP headers, application client and server banners, and operating system fingerprinting data
- MAC address, device ID/UDID, or similar device-specific code
We do not link the above information to your identity or a user account unless you enter the site with a User Account or are logged into your User Account at the time you visit. On sites you enter with a User Account, we may connect your browsing history and actions with your identity to determine your potential interests in our products and services.
How Information Is Collected
We may collect Personal Information and Usage Information about you from the following sources:
- Information we receive from you as a result of your use of our services
- Information we receive from you, or on your behalf, through forms you complete or communications to us
- Information we receive from you through the Web Properties, such as when creating a User Account
- Information we receive from your computer or mobile device
- Information we receive from our partners or service providers
- Information we receive from other sources, as permitted by applicable laws, rules and regulations
- Information we receive from you, even if not requested
Cookies
We may use cookies to track visits and use of the Web Properties, analyze effectiveness, store preferences, and facilitate movement around our websites. You can accept or decline cookies via your browser settings; some features may not function if cookies are disabled.
Managing Cookies
If you wish to opt out of allowing certain cookies, you may change your browser settings so that cookies from our website cannot be set. If you delete, block, or otherwise restrict cookies, or use a different computer or browser, you will need to renew your choices. For instructions, consult your browser’s support resources (e.g., Chrome, Firefox, Opera, Internet Explorer, Safari, Edge).
Web Analytics and Web Session Recording Technologies
We use industry standard analytics and diagnostic tools (including developer tools, tracking pixels, and clear GIFs) to understand engagement, improve content, and monitor performance. User activity information may be associated with additional session information and Personal Information, if provided. We also use Google Analytics, which may aggregate and analyze data about your use of our website and may use the data to personalize ads within its network. You may opt out of Google Analytics aggregation by using Google’s opt-out browser add-on. We reserve the right to remove or add analytic technologies.
Chat Bot Technology
We may use third-party service providers to provide chat services. The chat system collects the information you voluntarily provide and interactions with customer service representatives. Data may be retained for a reasonable period unless you request deletion. AI technology may power chat functionality and may not always be accurate. Do not rely solely on the Bot for critical decisions. We are not liable for damages arising from use of the chat bots or their availability.
Web Beacons
Some web pages and electronic communications may contain Web Beacons (clear GIFs) that collect limited information such as a cookie number, time and date of a page view, and a description of the page. We may include Web Beacons in promotional emails or newsletters to determine whether messages have been opened and acted upon.
Unique Identifier
We may assign you a unique internal identifier to help keep track of your future visits. We use this information to gather aggregate demographic information and personalize information you see on the Web Properties and in communications. We keep this information for internal use.
Use of Collected Information
Web Properties Operation and Improvement
We may use your information to improve the Web Properties and related products or services; set up and manage your User Account; provide support, products or services; and customize the Web Properties to your preferences.
Services and Transactions
We and our third party service providers may use your personal information to deliver services or carry out transactions you have requested or in which you may be interested.
Communications
We may use your personal information to inform you of products or services available from us, as you agreed to and as described above and in our Terms of Use. Data sharing excludes SMS opt-in data and consent. Each advertising email includes an unsubscribe link; if you elect to unsubscribe, we will remove you from the relevant list within 10 business days.
Employment Applications
Information provided in connection with a job application may be used throughout the Company and its controlled subsidiaries and affiliates for employment consideration and may be retained for future consideration unless you direct otherwise.
This Privacy Policy is not intended to place limits on what we can do with information that is aggregated or de-identified so it is no longer associated with an identifiable user.
Disclosure of Your Information
Disclosure to Service Providers and Customers
We may provide Personal Information and Usage Information to our subsidiaries, affiliated companies, and other businesses or persons for processing on our behalf and promoting the products and services of our trusted business partners. For example, we may transfer information to a local real estate broker or participating lender where you have shown an interest in residential properties. These parties may store some or all of your information on servers outside of the United States and may be subject to their own privacy policies.
Transfers of Information
We reserve the right to transfer your Personal Information, as well as any information about or from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets, or in bankruptcy or similar proceedings. We are not responsible for any breach of security by third parties or for actions of any third parties that receive information disclosed to us. We may also disclose your Personal Information with your permission or as directed by you.
Security
We use technical, administrative and physical security measures designed to protect your personal information from unauthorized access, use, or disclosure. You are responsible for securing your username, password and User Account information, immediately notifying us of any unauthorized use, and logging out at the end of each session. No security measures are perfect; we do not guarantee that transmissions over the Internet are secure or free from delay, interruption, interception or error.
Reviewing and Correcting Your Personal Information
You can request to review and correct your Personal Information collected via the Web Properties by completing our Contact Us form or, if you have a User Account, by accessing your User Account. We may verify your identity before providing access.
Deleting Your Personal Information
You can request deletion of your Personal Information collected via the Web Properties by emailing info@surfandvinevacationhomes.com. We may verify your identity before evaluating your request. Deletion may limit our ability to provide certain services.
Children’s Information
The Web Properties are not intended for or designed to attract children under the age of 13. By using the Web Properties, you affirm that you are more than 18 years of age, or an emancipated minor, or possess parental or legal guardian consent, and are fully able and competent to enter into and comply with this Privacy Policy.
Links to Other Sites
The Web Properties may contain links to other sites such as Company affiliates, professional organizations, and third party businesses that advertise on the Web Properties. We are not responsible for the content, security, or privacy practices of other sites. We may share aggregate, non-personally identifiable information with third parties. Notwithstanding the above, the Company’s use of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.
International Users
If you are visiting from outside the United States, we may collect, transfer, and continue to use your Personal Information outside of your country and within the United States for any of the purposes described in this Privacy Policy. By using the Web Properties and providing us with your Personal Information, you consent to this collection, transfer, and use.
Choices with Your Personal Information
Whether you submit any Personal Information to us is entirely up to you. You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by any reasonable method. There are some uses from which you cannot opt out, such as to provide products or services that you have requested from us.
Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining products or services for personal, family, or household use are entitled to request and obtain from us (once a calendar year) information about the customer information we shared (if any) with other businesses for their own direct marketing uses. To obtain this information, please email info@surfandvinevacationhomes.com with “Request for California Privacy Information” in the subject line. For additional rights as a California consumer, please visit Surf & Vine’s California Privacy link.
For Colorado Residents: For information about your Colorado consumer privacy rights, or to make a consumer privacy request, please email info@surfandvinevacationhomes.com or call (707) 570-7078.
For Connecticut Residents: For information about your Connecticut consumer privacy rights, or to make a consumer privacy request or appeal a previous privacy request, please email info@surfandvinevacationhomes.com or call (707) 570-7078.
For Virginia Residents: For information about your Virginia consumer privacy rights, or to make a consumer privacy request or appeal a previous privacy request, please email info@surfandvinevacationhomes.com or call (707) 570-7078.
For Utah Residents: For information about your Utah consumer privacy rights, or to make a consumer privacy request or appeal a previous privacy request, please email info@surfandvinevacationhomes.com or call (707) 570-7078.
“Do Not Track” Signals
Your browser settings may allow you to transmit a “Do Not Track” signal to websites and online services you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Company currently does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser.
Surf & Vine Vacation Homes
755 Baywood Dr Ste 200 · Petaluma CA 94954
info@surfandvinevacationhomes.com · (707) 873-7377