Privacy Policy

If you are a resident of California, please also see the “CALIFORNIA CONSUMER PRIVACY ACT NOTICE” that follows this Privacy Policy.

This Privacy Policy describes the types of personal and non-personal information collected by Red 2 Black Design & Engineering Support Services real estate division, dba as Jay the Realtor (“Jay The Realtor,” “we,” “us” or “our”) through our websites (collectively, the “Site”). This Privacy Policy also describes how we use such information and to whom and under what circumstances we may disclose it. By accessing and using the Site, you agree to the collection, use and disclosure of your information as described in this Privacy Policy. 

IF YOU DO NOT WISH TO BE BOUND BY THIS PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THE SITE.


Information Collected and How It Is Used When you access or use the Site or when you contact us, you may provide us with Personal Information. “Personal Information” is information that can be associated with a specific person and could be used to identify that person, but does not include information anonymized to mask the identity of a specific person. Personal Information may include your name, email address, mailing address, screen name, password, one or more telephone numbers, and information you provide to us when contacting us, accessing or using the Site. We use Personal Information only to operate the Site and communicate with you about the Site. Please keep in mind that by using the Site, we may need to send you information regarding your account, such as service announcements, so by your use of the Site, you authorize us to send you such information. We may collect and store certain types of Anonymous Information whenever you interact with The Site. “Anonymous Information” is non-personally identifiable information, such as your browser type, IP address, cookie information, device ID, clickstream data, file size and other file attributes, carrier information, and geo-location information. We may use Anonymous Information for any purpose.

Cookies and Other Technologies In addition, the Site and our third-party service providers may use “cookies” and other technologies such as pixel tags, hardware-based device identifiers, clear GIFs and web beacons, which enable the collection of Anonymous Information about the pages you visit on the Site and actions you take on the Site. We use this information to operate the Site, improve the Site and communicate with you about the Site.

Information Sharing We will not sell, rent, transfer or otherwise disclose your Personal Information to third parties except as provided in this Privacy Policy or as otherwise expressly authorized or directed by you. We may share Anonymous Information with third parties for any purpose. We may share Personal Information we collect from and about you with third parties in the following instances: • With our service providers, if the disclosure will enable them to process payments made by you using the Site or otherwise perform a business, professional or technical support function for us or you; • As necessary, if we believe that there has been a violation of the Site, the applicable Terms of Use or of our rights or the rights of any third party; • As necessary, to identify, investigate, prevent or take action regarding illegal activities, suspected fraud or other abuse related to the Site; and • To respond to judicial process, to provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law. In addition, we reserve the right to disclose and transfer your information, including your Personal Information and Anonymous Information about you: (a) to a subsequent owner, co- owner or operator of the Site; or (b) in connection with a merger, consolidation, restructuring, the sale of substantially all of our equity ownership interests and/or assets or other corporate change, including during the course of any due diligence process.

Security Jay The Realtor takes commercially reasonable steps to ensure data privacy and security including through various hardware and software methodologies. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and Jay The Realtor will be free from unauthorized access by third parties. Users of the Site do so at their own risk with respect to such communications.

Children Jay The Realtor does not knowingly collect or use personal information regarding children under the age of 13. If Jay The Realtor obtains actual knowledge that it has collected personal information about a child under the age of 13, that information will be immediately deleted from our database.

Changes to this Privacy Policy Jay The Realtor may amend this Privacy Policy from time to time and in its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected. If we make changes in the way we use Personal Information, we will notify you by posting an amendment to the Privacy Policy on the website, and you consent to notice of changes through such posting. Such modifications will become effective on the day they are posted. Jay The Realtor encourages you to frequently review this Privacy Policy for any modifications.

Third Party Websites The Jay The Realtor website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Site. Jay The Realtor does not control those sites or their privacy practices, which may differ from our Privacy Policy. We do not endorse or make any representations about third-party websites. The personal data you choose to give to unrelated third parties is not covered by this Privacy Policy. We encourage you to review the privacy policy or any company before submitting your personal information.

California’s “Do Not Track” Notice “Do Not Track” is a preference you can set in your web browser to let the websites you visit know that you do not want them collecting information about you. Our Site does not currently respond to “Do Not Track” settings. 

Contact Us If you have any questions or concerns about this Privacy Policy, please contact us at: policy.real[email protected]. Effective January 2021; last updated: Jan 2022


CALIFORNIA CONSUMER PRIVACY ACT NOTICE THIS NOTICE APPLIES ONLY TO CALIFORNIA RESIDENTS

Last updated: Jan 2022

Red 2 Black Design & Engineering Support Services real estate division, dba as Jay the Realtor (“Jay The Realtor,” “we,” “us” or “our”) is providing you with this Consumer Privacy Act Notice for California Residents. This notice supplements any other information we may have provided to you regarding your privacy rights under any other state or federal laws. 

 THIS NOTICE APPLIES ONLY TO CALIFORNIA RESIDENTS about whom we have collected information that identifies, relates to, describes, references or is capable of being associated with, or could reasonably be directly or indirectly linked to, a particular consumer (referred to as “Personal Information”). We are providing this information to comply with the California Consumer Privacy Act of 2018, Cal. Civ. Code §§ 1798.100 through 1798.199 (the “CCPA” or the “Act”).


I.  Information We Collect. We have collected the categories of “Personal Information” about California consumers within the last twelve (12) months summarized in the table below, although we have not collected all of the information listed in the examples for each category and we have not collected all of the indicated categories for each consumer.  Personal Information does not include: (a) publicly available information from public records; (b) de-identified or aggregated consumer information; (c) information excluded from the Act’s scope,such as heath or medical information covered by the Health Insurance Portability and Accountability Act (HIPAA) or the California Confidentiality of Medical Information Act; or (d) Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, the California Financial Information Privacy Act or the federal Driver’s Privacy Protection Act of 1994.


CATEGORY EXAMPLES

 A. Identifiers Real name; aliases; postal address; unique personal identifiers; on line identifier; Internet Protocol Address; email address; account name; Social Security number; driver’s license number or other similar identifiers

A. Personal Information Categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) 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

A. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion, marital status, medical condition, physical or mental disability, gender, sexual orientation, veteran status


A. Commercial Information Records of personal property, products or services purchased, obtained or considered We obtain the categories of Personal Information listed above from the following sources: • Directly from our clients or their agents. For example, from documents and data that our clients provide to us related to the services we provide. • Indirectly from our clients or their agents. For example, through information we collect from our clients in the ordinary course of providing our services to them. • Directly and indirectly from activity on our website. For example, from consumers’ submission of information through our website consumer portal. • From third parties that interact with us in connection with the services we perform. • From public sources.  For example, from records of automobile registrations.


II.  Use of Personal Information.
We may use or disclose the Personal Information we collect for one or more of the following business purposes: • To carry out our obligation to our clients to perform the services we provide. • As necessary or appropriate to protect our rights, property or safety, or those of our clients and their agents. • To respond to law enforcement requests and as required by applicable law, court order or governmental regulation. • As we described to you when we collected Personal Information from you or as otherwise set forth in the Act. We will not collect additional categories of Personal Information or use the Personal Information we collected for any materially different, unrelated or incompatible purpose without first advising you of such other use.


III.  Sharing of Personal Information.
We do share (disclose) Personal Information for our business purposes. In particular: • With our clients who have engaged our collection services regarding financial obligations you owe. • With law firms that we may engage to provide litigation and other collection services regarding your obligations to our client. • With courts, to the extent such information is necessary to present our clients’ claims and to enforce any judgment that we may obtain.

• With third parties when necessary to perform our services, such as processes servers when we conduct litigation. • With third parties with whom you or your agents authorize us to disclose your Personal Information in connection with the services we provide to our clients. During the preceding 12 months we have disclosed the following categories of Personal Information to some or all of the above parties for our business purposes:
Category A    Identifiers 
Category B     California Customer Records Personal Information categories
Category C     Protected classification characteristics
Category D     Commercial Information


IV.  Sale of Personal Information.
During the preceding 12 months, we have not sold Personal Information to any party, nor do we intend to sell it in the future.  We do not sell the personal information of minors under 16 years of age.


V.  Your Rights and Choices.
The Act provides California consumers with specific rights regarding their Personal Information.  This section describes your rights under the CCPA and explains how you may exercise those rights by submitting a “verifiable consumer request,” as defined below. Right to Know Information. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the previous 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you: • The categories of Personal Information we have collected about you. • The categories of sources of the Personal Information we have collected about you. • Our business purpose for collecting your Personal Information. • The categories of third parties with whom we have shared your Personal Information. • The specific pieces of Personal Information we have collected about you. • If we have disclosed your Personal Information for a business purpose, we will provide you with the Personal Information categories that each recipient obtained.


Right to Request Deletion of Information. Subject to certain exceptions, you have the right to request that we delete any of your Personal Information that we collected from you and retained, if you make a verifiable consumer request. We may deny your deletion request if your Personal Information is necessary for us or for our service providers to: • Provide the service for which our client has engaged us with respect to collecting your obligation. • Detect security incidents; protect against malicious, deceptive, fraudulent or illegal activity; or prosecute those responsible for such activities. • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546). • Comply with a legal obligation. • Make other internal and lawful uses of Personal Information that are compatible with the context in which we gather such information for the services which our client has engaged us to perform. Right to Opt Out of Information Sale. We are required to advise you that you have the right to opt out of the sale of any of your Personal Information. However, we do not sell any Personal Information.


Exercising Rights to Know and to Delete. To exercise the rights to know and to delete described above, please submit a verifiable consumer request by calling us at 844.612.7470 or by clicking the button at the end of this notice. Only you or a person registered with the California Secretary of State who you authorize to act for you (an “authorized agent”) may make a verifiable consumer request related to your Personal Information. For an authorized agent to submit a verifiable consumer request, the agent must supply the required information about you, as described in the below definition of “verifiable consumer request,” provide his or her registration information (including registered name and registration number), and describe his or her relationship to you (such as your lawyer or accountant). In our discretion, we may require the authorized agent to supply signed permission from you to act as your agent.   You may make a verifiable consumer request on behalf of your minor child or a minor child for whom you are a legal guardian. To do this, supply the required information for the child as described in the below definition of “verifiable consumer request,” provide your name, and describe your relationship to the child. You may make a verifiable consumer request for your right to know information only twice within a 12-month period with respect to any of our clients who have engaged our services.

The following applies to your verifiable consumer request: • A “verifiable consumer request” must include your name, the last four digits of your social security number, your address and the account number of the creditor on whose behalf we are acting (our “client”).  Supplying additional information, such as your account number with us and the name of our client, may help expedite a response.  You must describe your request with sufficient detail to allow us to understand, evaluate and respond to your request. • We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or the authority of your representative (such as your lawyer or accountant) to make the request.  Making a verifiable consumer request does not require you to create a separate account with us. We will use Personal Information provided in a verifiable consumer request only to verify the requestor’s identity or authority to act on your behalf. Response Timing and Format. We will attempt to respond to your request within 45 days after we receive it. If we require more time (up to 90 additional days), we will inform you of the reason for the extension in writing.  We will provide you with our response either electronically or at your postal address, at your option.  Any disclosure will cover only the 12-month period before we receive your verifiable consumer information request.  We usually do not charge a fee to process or respond to your verifiable consumer request. However, if your request is manifestly unfounded or excessive, particularly if it is repetitive (more than twice during the previous 12 months), we may charge a reasonable fee or refuse to act on the request. In such a case, we will tell you why we made that decision and, if applicable, will provide you with a cost estimate, and instructions for payment of the fee before we respond to the request.   We do not charge a transaction fee if you pay by credit or debit card. 

VI.  Changes to our Privacy Notice.
We reserve the right to amend this privacy notice at our discretion at any time.  We will provide you with a notice of such changes through our website homepage under the “Privacy” tab. 

VII.  Contact Information.
If you have questions regarding your rights under the CCPA, you may contact us at the following:       Telephone: 832 685-4337       Email: [email protected] 

VIII.  Submitting a Verifiable Consumer Request.
Email Us at [email protected] if you want to submit a verifiable consumer request.


Disclosures

The person responsible for the content of this website is Jeremy Michael Cummings ("Jay"). Real Estate Agent of Birchwood Realty, Houston, Texas.

This web site and the materials provided herein have been prepared by Red 2 Black Design & Engineering Support Services real estate division, dba as Jay the Realtor (Jay The Realtor) for informational purposes only and do not constitute legal advice. The information in this web site is not intended to create, and receipt does not constitute, a real estate broker-client relationship between Jay The Realtor or Brokerage Firm of Birchwood Realty and the user or browser of the web site. 

Communications over this web site may not be secure and may not be treated as privileged or confidential. Jay The Realtor is a business owned by Jeremy Michael Cummings, a Texas license real estate agent. Jeremy Michael Cummings holds that license under the brokerage ofBirchwood Realty.

Jay The Realtor dose not represent taxpayers, debtors, or purchasers of seized or foreclosed property that is not under an active buyer representation agreement with Birchwood Realty. Reproduction, republication, re-transmission, and/or distribution of material contained within this web site is prohibited unless the prior permission of Jay The Realtor has been obtained.

Terms and Conditions

Acceptance Of This Agreement 
Your access to and use of this website ("www.jaytherealtor.us") is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

Advice
The contents of the Website do not constitute advice and should not be relied upon in making or refraining from making, any decision. 

Changes to Website, Software, and Services Jay The Realtor reserves the right to:

1. change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Jay The Realtor shall not be liable to you for any such change or removal.

2. change, remove, or discontinue any software, service, or promotion (including but not limited to any previsions, parts thereof, licensing, pricing) as advertised on this website at any time without notice and you confirm that Jay The Realtor shall not be liable for any such change or removal.

3. change or discontinue any promotional discount vouchers or coupon codes at anytime with notice and you confirm that Jay The Realtor shall not be liable for any such change or removal.

4. change this Agreement at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.


Links to Third Party Websites

The Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

Copyright
The Intellectual Property Rights in this website and the materials on or accessible via it belong to 'Jay The Realtor' or its licensors. This website and the materials on or accessible via it and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using this website). 

'Jay The Realtor' and the Jay The Realtor Logo are trademarks which belong to 'Jay The Realtor' and they may not be may not be used, copied or reproduced in any way without written consent from 'Jay The Realtor'.

For these purposes "Intellectual Property Rights" includes the following (wherever and when ever arising and for the full term of each of them): any patent, trade mark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know how, trade secret and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrant) and registrations of and applications to register any of them.

Limitation Of Liability
The Website is provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, Jay The Realtor will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website. Jay The Realtor makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Jay The Realtor for death or personal injury as a result of the negligence of Jay The Realtor or that of its employees or agents.

Indemnity
You agree to indemnify and hold Jay The Realtor and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Jay The Realtor arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

Severability
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Severability
In the event that any provision of this Agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable or indications of the same are received by either you or us from any relevant competent authority, we shall amend that provision in such reasonable manner as achieves the intention of the parties without illegality or, at our discretion, such provision may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.