Avison Young Online Privacy & Cookie Notice
Effective Date: May 23, 2018
Avison Young is committed to respecting and respecting the personal data that we hold. This Privacy Notice ("Notice") applies to Avison Young's ("we," "us," or "our") through our online properties ("Sites"). This privacy statement describes why and how we collect personal data and provides information about individuals' rights. It applies to personal data provided to us. We may use personal data provided to us for the purposes herein described in this privacy statement.
The purpose of this web site is to provide you with the information you are looking for the information, your ability to edit, update, correct or delete the information and the security procedures that we have implemented to protect your privacy.
Personal Information. In general, you do not need to provide us with any Personal Information in order to browse the Sites. However, you may consent to provide Personal Information such as your name, address, email address, telephone number, or business contact information, in order to use certain portions of the Sites. If you are applying for a job through the Sites, you may also choose to provide us with additional information such as your employment status, employment history, and academic background. If you do not want to share your Personal Information with us, please do not submit it. Unfortunately, this means that we may not be able to provide you with the services you have requested.
Log Files, Research and Data Analytics. We may also gather certain information automatically, such as Internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), referring/exit pages, operating systems, date/time stamps, and/or clickstream data. We gather this information to better understand our clients and Site user-base and to improve our services to you. In addition, we may conduct research on your demographics, interests, and behavior based on non-Personal Information usage data. This data may be compiled and analyzed on an aggregate basis and we may share the data with our service providers. However, the data is stored separately from any Personal Information you may have provided, and will not be connected to you.
Use of Information & Choice
If you choose to provide us with your information, we may use it for the following purposes:
(a) to provide you with real estate related services if you are a client, or become a client, of Avison Young;
(b) to send you “Research Reports” or other newsletters you have subscribed to on the Sites;
(c) to answer your questions submitted through the “Contact Us” feature of the Sites;
(d) to evaluate the quality of our services and to perform internal studies regarding our services;
(e) to recruit prospective employees who have applied for a job on the Sites;
(f) to enhance the operation of the Sites; and
(g) to serve you with content, advertisements and promotional materials through the Sites.
We do not collect, use, or disclose your Personal Information for any other purposes that are materially different from those set forth herein. However, if we wish to do so in the future, we will always obtain your consent first, and offer you the choice to opt-out of such collection, use, or disclosure.
We do not share your Personal Information with third parties except as described below and we will never sell, rent, or share your Personal Information for direct marketing purposes.
Avison Young Affiliates. We may share your Personal Information with our subsidiary, affiliate, and parent entities for the purposes described in this Notice.
Service Providers. We may share your Personal Information with contracted service providers as may be necessary for us to achieve the purposes described in this Notice. These service providers are under a contractual obligation to use Personal Information only for the purposes for which they were hired and in accordance with applicable law
Business Partners. We may share your Personal Information as part of joint marketing efforts with affiliates and third party business partners, consistent with the purposes described in this Notice.
Business Transitions. In the event we go through a business transition, such as being acquired by another company, or selling all or part of our assets, Personal Information will, in most instances, be part of the assets transferred. However, it will be subject to the promises made in any pre-existing privacy notice unless the acquiring entity obtains your consent to additional uses.
Legally Required Law Enforcement, Judicial and Administrative Agency Disclosures. We will disclose Personal Information and related confidential information as necessary to comply with judicial orders, subpoenas, civil or criminal investigative demands, administrative and regulatory demands, and other legal obligations, if we believe in good faith that disclosure is necessary to comply with the law, to protect our rights, to protect your safety or the safety of others, or to investigate violations of applicable law.
Research Reports & Newsletters. Site visitors may subscribe to “Research Reports,” or other newsletters that provide you with information about our services, by providing us with a valid email address. You may stop receiving these kinds of emails by clicking “unsubscribe” or by following the instructions in the footer of the email, or by submitting a written request to the Privacy Office at the contact information below.
Sales & Customer Service. We communicate with customers and interested individuals via email, regular mail, and telephone to provide requested services. You may ask to be removed from a mailing or calling list at any time by submitting a written request to the Privacy Office at the contact information below.
Cookies and Tracking Technologies
Session Cookies. - temporary cookies that remain in the cookie file of your browser until you leave the site. Session cookies are used to carry information across pages of the Sites so you don’t have to re-enter information.
Persistent Cookies. – cookies that remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). Persistent cookies are used to help us recognize you as a unique visitor when you return to our website. They also allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly. We also use persistent cookies to compile anonymous, aggregated statistics that allow us to understand how the Sites are used and to help us improve the structure of the Sites.
Web Beacons. Web beacons are images inserted in a webpage or email, which may be used to count the number of visitors to the Sites, monitor the behavior of the Site user, store the IP address of the user, store the duration of the interaction, and store the type of web browser that was used, among other information. We may use web beacons to improve user experiences on the Sites and learn more about our customers and visitors to the Sites. Web Beacons collect only limited information which includes a cookie number; time and date of a page view; and a description of the page on which the Web Beacon resides. Web becons do not contain any Personal Information.
Disabling and Enabling Cookies. You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of the Sites if cookies are disabled. Should you wish to be alerted before a cookie is accepted on your hard disk, guideline instructions follow below:
Deleting cookies. You can easily delete any cookies that have been installed in the cookie folder of your browser. For example, if you are using Microsoft Windows Explorer:
- Open 'Windows Explorer'
- Click on the 'Search' button on the tool bar
- Type "cookie" into the search box for 'Folders and Files'
- Select 'My Computer' in the 'Look In' box
- Click 'Search Now'
- Double click on the folders that are found
- 'Select' any cookie file
- Hit the 'Delete' button on your keyboard
If you are not using Microsoft Windows Explorer, then you should select "cookies" in the "Help" function for information on where to find your cookie folder.
Do Not Track Browser Requests. Web browsers often also allow you to send a “Do Not Track” request with your browsing traffic, which would enable anonymous browsing. Our service provider does not honor Do Not Track requests from web browsers.
Data Quality, Access & Rectification
We will make reasonable efforts to ensure your Personal Information is accurate and complete and we will update or correct your information as needed when notified by you. If you would like to request access to your Personal Information, request to verify your Personal Information, identify any inaccuracy in your Personal Information, or change your Personal Information in any way, please contact our Privacy Office at the address below. We will use commercially reasonable efforts to accommodate all such requests.
We retain the Personal Information processed by us for as long as is considered necessary for the purpose(s) for which it was collected (including as required by applicable law or regulation). We may keep data for longer to establish, exercise, or defend our legal rights and the legal rights of our clients.
In addition, personal data may be securely archived with restricted access and other appropriate safeguards where there is a need to continue to retain it.
We take reasonable administrative, technical and physical steps to ensure that your Personal Information in our custody and control remains accurate, timely, and secure. Unfortunately, no data transmission over the Internet can be guaranteed as secure and we cannot be responsible for harm that you or any other person may suffer as a result of a breach of confidentiality in respect to your use of the Sites or any information you transmit through the Sites.
The Sites are hosted in the United States. Accordingly, by providing your Personal Information through the Sites, you consent to the transfer of your Personal Information from your country of residence (i) to the United States for purposes of Site administration, (ii) to other Avison Young offices in other countries if you have requested a service from them, and (iii) to service providers or business partners located in other countries, all in accordance with applicable law. Those countries may offer less privacy protection than your country of residence, and in certain instances your Personal Information may be accessible by foreign courts, law enforcement authorities and national security authorities in those countries.
Third Party Links
The Sites may contain links to or from other websites over which we have no control. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage users to be aware when they leave our Sites and to read the privacy notices of each and every website that collects Personal Information. This Privacy Notice applies solely to information collected by our Sites.
Questions and Complaints
We take your privacy concerns seriously. If you believe we have not complied with this Privacy Notice, or you have any other questions, you may write to our Privacy Office at One South Wacker, Suite 3000, Chicago, IL 60606, email@example.com.
The Sites are general audience websites and not intended for minors. We do not knowingly collect Personal Information from anyone under 13 years of age. If you believe we may have collected information from your child on the Sites, please contact the Privacy Office and we will make reasonable efforts to delete the information from our records.
We do not use the Sites to knowingly collect “sensitive data” such as that relating to racial or ethnic origin, current or future medical status, genetic information, religious, philosophical or moral beliefs, labor union affiliation, political opinions or sexual preference. If you believe you have mistakenly provided us with any sensitive data, please contact the Privacy Office.
Geographic Location-Specific Provisions
Privacy Notice for California Residents
With respect to California residents, Avison Young adopts this Notice to comply with the California Consumer Privacy Act of 2018 (CCPA). Any terms defined in the CCPA have the same meaning when used in this Notice.
Information We Collect
Our Website collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, our Websites have collected the following categories of personal information from its consumers within the last twelve (12) months:
A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
F. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
G. Geolocation data.
Physical location or movements.
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
I. Professional or employment-related information.
Current or past job history or performance evaluations.
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
K. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA's scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Avison Young obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you use.
- Indirectly from you. For example, from observing your actions on our Website.
- From third-party partners such as social media sites and analytics providers (i.e. Google Analytics).
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Avison Young’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Avison Young about our Website users is among the assets transferred.
Avison Young will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Sharing Personal Information
Avison Young may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We share your personal information with the following categories of third parties:
- Service providers.
- Data aggregators.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
[Category A: Identifiers.]
[Category B: California Customer Records personal information categories.]
[Category D: Commercial information.]
[Category F: Internet or other similar network activity.]
[Category G: Geolocation data.]
We disclose your personal information for a business purpose to the following categories of third parties:
- Service providers.
- Data aggregators
Sales of Personal Information
In the preceding twelve (12) months, Avison Young has not sold personal information
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability Rights
You have the right to request that Avison Young disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that Avison Young delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
- Emailing us at Privacy.Officer@avisonyoung.com or sending a letter to us at Avison Young, 1 S. Wacker Drive, Suite 3000, Chicago, IL 60606, USA
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. However, we do consider requests made through your password protected account sufficiently verified when the request relates to personal information associated with that specific account.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Other California Privacy Rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to Privacy.Officer@avisonyoung.com or sending a letter to us at Avison Young, 1 S. Wacker Drive, Suite 3000, Chicago, IL 60606, USA
Changes to Our Privacy Notice
Avison Young reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice's effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which Avison Young collects and uses your information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at Privacy.Officer@avisonyoung.com or sending a letter to us at Avison Young, 1 S. Wacker Drive, Suite 3000, Chicago, IL 60606, USA.
Effective Date: 1/1/2020
- Individuals may request access to their personal data held by us as a data controller.
- Individuals may request us to rectify personal data submitted to us or, where appropriate, contact us via the relevant website registration page or by amending the personal details held on relevant applications with which they registered.
- Individuals may request that we erase their personal data
- Where we process personal data based on consent, individuals may withdraw their consent at any time by contacting us or clicking on the unsubscribe link in an email received from us.
- Individuals may have other rights to restrict or object to our processing of personal data and the right to data portability.
- Individuals may request information about, or human intervention into, any automated data processing that we may undertake.
The full GDPR Privacy Statement can be found here GDPR Supplementary Privacy Statement.
If you wish to exercise any of these rights, please send an email to firstname.lastname@example.org.
You have the additional rights (i) to cancel your Personal Information when you deem it is not required for the purposes established in this Notice or that it is being used for unauthorized purposes, (ii) to oppose the processing of your Personal Information for certain specific purposes, and (iii) to file a complaint with the Federal Public Information Access Institute at www.ifai.org.mx. You may exercise rights (i) and (ii) through a written petition to the Privacy Office at the address above, accompanied by your email address and telephone number, and if applicable, specific details of the reasons for which a rectification, opposition or revocation of consent is requested. We will respond to your petition within a reasonable amount of time and inform you of its outcome through the phone number and/or email address provided by you.