Privacy Policy
IMPORTANT LEGAL DISCLOSURES TO CONSUMERS REGARDING CONDUCTING BUSINESS ELECTRONICALLY; ELECTRONICALLY REVIEWING AND/OR SIGNING DOCUMENTS; ELECTRONIC RECORDS; AND DISTRIBUTING AND/OR RECEIVING NOTICES, DISCLOSURES AND OTHER COMMUNICATIONS ELECTRONICALLY.
The terms incorporated in this Consumer Disclosure enumerate the provisions under which You agree to Conduct Business Electronically within or via the SmartMLS Sign platform. It is important to understand the implications of Conducting Business Electronically, which includes the use of Electronic Signatures, Electronic Records, and the electronic delivery of notices and disclosures. By selecting ‘Continue’ in the SmartMLS Sign ‘Participant Acknowledgement’ modal, You acknowledge Your acceptance of the terms of this Consumer Disclosure and You provide Your affirmative consent to Conduct Business Electronically within or via the SmartMLS Sign platform.
DEFINITIONS
- “Conduct Business Electronically” means to electronically review and/or sign documents; utilize Electronic Records; and receive notices, disclosures and any/all other communications electronically.
- “Consumer” means any individual or entity, including but not limited to residential; real estate buyers; sellers; lessees; tenants; lessors; landlords; brokers; agents; attorneys; lenders; and/or any party engaged in real estate transactions, who interacts with SmartMLS Sign as an End User or Signing Participant.
- “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
- “Electronic Record”, “Electronic Records” means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.
- “Electronic Signature” means an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record.
- “Electronic Signing Instance”, “ESI” means a unique, separate and distinct electronic transaction or event within the SmartMLS Sign platform, encompassing the entire process of generating, reviewing, and electronically signing one or more documents, including any associated communication, notifications, actions, and interactions, initiated and managed by System Users and involving one or more Signing Participants.
- “End User” means any individual that accesses and uses SmartMLS Sign, either personally or duly authorized on behalf of an entity, for the purpose of reviewing, signing, or otherwise participating in an Electronic Signing Instance.
- “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
- “Sender” means a System User on whose behalf an Electronic Signing Instance is initiated, dispatched, or transmitted within or via the SmartMLS Sign platform.
- “Signing Participant” means an individual, either personally or duly authorized on behalf of an entity, who actively participates in an Electronic Signing Instance facilitated by SmartMLS Sign. Signing Participants may include, but are not limited to, the parties directly and/or indirectly involved in a real estate transaction, such as buyers, sellers, lessees, tenants, lessors, landlords, brokers, agents, attorneys, lenders, and/or any other relevant reviewers and/or signatories.
- “System User” refers to any individual, either personally, duly authorized on behalf of another individual, or duly authorized on behalf of an entity, who accesses or utilizes the SmartMLS Sign platform to initiate, dispatch, or manage Electronic Signing Instances.
- “SmartMLS Sign” means the SmartMLS Inc. Electronic Signature Technology Solution provided by SmartMLS Inc., its employees, agents, representatives, affiliates, successors, assigns, designees, and any related entities involved in the development, operation, and support thereof.
- “You” means any/all individuals or entities, including both Electronic Signing Instance End Users and Signing Participants, who access and/or use the SmartMLS Sign platform.
- “Your” means of and/or relating to the actions, obligations, responsibilities, and rights of individuals and entities, including both Electronic Signing Instance End Users and Signing Participants, who access and/or use the SmartMLS Sign platform.
CONSUMER CONSENT
Affirmative Consent
By agreeing to the terms of this Consumer Disclosure and any/all future amendments hereto, which may be viewed at http://smartmlssign.smartmls.com/eu-cd/, You affirmatively consent to Conduct Business Electronically within or via the SmartMLS Sign platform and affirm that You, at all times, possess and maintain the required hardware and software, as enumerated herein, necessary to access, use, download, save and print any/all electronic; documents; records; notices; disclosures; and other communications.
Scope of Consent
You acknowledge and understand Your consent will become effective immediately and continue indefinitely with regard to; business conducted by and between You and the Sender and/or by and between You and any other party where the Sender is either acting as Your agent and/or facilitating the review, execution and/or distribution of documents/records on Your behalf; and/or the delivery of notices, disclosures and any/all other communications by and/or on behalf of the Sender and/or by and/or on behalf of SmartMLS Sign, unless and/or until such affirmative consent has been/is withdrawn in accordance with the terms of this agreement as enumerated herein below.
Notwithstanding anything contained herein to the contrary, Your consent herewith shall not prohibit, from time to time or at any time, Your ability or right to; conduct business; review and/or execute documents; and/or utilize records, by and between You and the Sender and/or by and between You and any other party where the Sender is either acting as Your agent and/or facilitating the review, execution and/or distribution of documents on Your behalf; and/or the delivery of notices, disclosures and any/all other communications by and/or on behalf of the Sender and/or by and/or on behalf of SmartMLS Sign, on paper or in a nonelectronic format. You further acknowledge and understand that opting for a nonelectronic method in specific instances does not revoke your overall consent to Conduct Business Electronically, nor shall same; effect the legality, validity or enforceability thereof; or constitute a withdrawal of Your affirmative consent to Conduct Business Electronically.
Legal Effect
You acknowledge and understand that Your Electronic Signature will have the same legal effect as a handwritten signature. This equivalence is provided for and recognized under relevant Electronic Signature laws and regulations, ensuring that Your Electronic Signature is as legally effective and enforceable as if it were wet signed by You on paper. You further acknowledge and understand that any/all documents electronically signed by You within or via SmartMLS Sign will be valid, legally binding and enforceable. This enforceability applies to all types of transactions permitted under law where an Electronic Signature is or may be used, including but not limited to, agreements, contracts, and other legal documents related to real estate transactions. Additionally, by using SmartMLS Sign, You agree that Electronic Records, including the Electronic Signatures and transactions You engage in, will be admissible as evidence in any legal proceedings to the same extent and under the same conditions as other business records. These Electronic Records will be considered an original when printed from records established and maintained in the normal course of business. It is important to note that the legal effectiveness, validity, and enforceability of electronic signatures and records may be subject to the provisions of applicable laws, including but not limited to, the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA).
CONSUMER RIGHTS
Nonelectronic Format
You are not required to Conduct Business Electronically. If You prefer to have documents/records made available on paper and to sign them in a nonelectronic format, You should select ‘Decline’ in the SmartMLS Sign ‘Participant Acknowledgement’ modal (see reference image below) and contact the Sender of the Electronic Signing Instance to inform them of Your declination and discuss any potential implications, conditions, and/or consequences of Your election to not Conduct Business Electronically.
Withdrawal of Consent
You have the right, at any time, to withdraw Your affirmative consent to Conduct Business Electronically and alternatively have documents/records made available on paper and to sign them in a nonelectronic format, by providing notice to the Sender as enumerated herein below. Such withdrawal shall become effective within a reasonable period of time after Sender’s receipt thereof.
You should contact the Sender to discuss any/all potential implications, conditions, and/or consequences of Your election to withdraw Your affirmative consent to Conduct Business Electronically.
You acknowledge and understand that withdrawal of Your affirmative consent is prospective and shall not affect the legal effectiveness, validity, or enforceability of any; business conducted electronically; documents/records reviewed, signed and/or distributed electronically; Electronic Records; and/or notices, disclosures and any/all other communications delivered electronically, prior to such withdrawal becoming effective.
In the event, at any time subsequent to Your withdrawal of Your affirmative consent, You elect to re-engage, access and use SmartMLS Sign and again provide Your affirmative consent to Conduct Business Electronically, same will be treated as a reaffirmation of Your original consent and any/all prior withdrawals shall be thereby null and void and have the effect of uninterrupted affirmative consent from the initial effective date and time of such affirmative consent.
Right to Download, Save and Print
You have the right to download, save and/or print any/all documents, records, notices, disclosures and other communications provided to You in electronic format by and/or on behalf of the Sender and/or by and/or on behalf of SmartMLS Sign.
Right to Request Paper Copies
You acknowledge and understand You will not receive paper documents/records, however, You have the right, at any time, to request paper copies of any/all electronic documents, records, notices, disclosures and/or other communications by providing a request to the originating party, either the Sender and/or SmartMLS Sign, as enumerated herein below.
You acknowledge and understand the party providing such paper documents/records may, at its sole election and/or discretion, impose a fee for processing, generating, printing, packaging, handling and/or delivery of such paper documents/records including but not limited to; a per page fee; an hourly fee; a flat fee; and/or postage/courier fee. You further acknowledge and understand that failure by the party providing such paper documents/records to impose a fee for processing, generating, printing, packaging, handling and/or delivery of any paper documents/records from time-to-time and/or at any time, shall not prohibit said party from imposing any such fee in the future.
Right to Consult Legal Counsel
You acknowledge and understand the language contained herein is legally binding. This Consumer Disclosure enumerates Your rights and obligations related to Conducting Business Electronically. If You do not understand and/or agree with any of the terms and/or conditions hereof, You are advised to consult with a licensed attorney of Your choice prior to agreeing to the terms and/or conditions hereof and providing Your affirmative consent to Conduct Business Electronically. Engaging legal counsel can help ensure that You fully comprehend the scope of this Consumer Disclosure, including Your rights and obligations related to Conducting Business Electronically, and how it correlates with applicable laws such as the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA).
CONSUMER OBLIGATIONS
Contact Information
You acknowledge and understand that in order for the Sender and/or SmartMLS Sign to provide You with any/all electronic documents, records, notices, disclosures and other communications in a timely manner, it is imperative that Your contact information is current and accurate at all times. This includes, but is not limited to, Your email address, mobile phone number, and any other electronic contact methods used in the context of SmartMLS Sign Electronic Signing Instances. Accordingly, You acknowledge and understand it is Your sole responsibility to ensure Your contact information is always current, accurate and updated as necessary. You can update Your contact information, at any time, by providing notice to the Sender as enumerated herein below.
Record Retention
You acknowledge and understand it is Your sole responsibility to download and save any/all electronic documents, records, notices, disclosures and other communications You desire to retain and/or are required to retain for legal or other compliance purposes. This includes adhering to any applicable statutory or regulatory requirements regarding the duration and manner of such retention.
Ability to Access, Use, Download, Save and Print
You acknowledge and understand it is Your sole responsibility to maintain the necessary computer hardware and software, as enumerated hereinbelow, to ensure; Your ability to effectively access and use the SmartMLS Sign platform; and to download, save and print any/all electronic documents, records, notices, disclosures, and other communications.
CONSUMER PROCEDURES
Procedure for Withdrawal of Consent
To withdraw your affirmative consent to conduct business electronically, send an email as follows:
| EMAIL FIELD | NOTES/INSTRUCTIONS |
| TO | TO THE SENDER AT THE SENDER’S EMAIL ADDRESS as PROVIDED IN THE ELECTRONIC SIGNING Instance notification EMAIL(s) |
| CC | withdrawconsent@smartmls.com |
| SUBJECT | include “Withdrawal of Consent” or similar language in the subject line |
| BODY TEXT | state Your intent to WITHDRAW Your affirmative consent to conduct business electronically include Your full name, address, telephone number, the specific email associated with Your affirmative consent and the name of the signing PROVIDED IN THE ELECTRONIC SIGNING Instance notification EMAIL(s) |
| Attachments | you may Include reference attachments at Your discretion |
Procedure to Request Paper Copies
To request paper copies of electronic records provided to you by or on behalf of the Sender, send an email as follows:
| EMAIL FIELD | NOTES/INSTRUCTIONS |
| TO | TO THE SENDER AT THE SENDER’S EMAIL ADDRESS as PROVIDED IN THE ELECTRONIC SIGNING Instance notification EMAIL(s) |
| CC | N/A |
| SUBJECT | include “Request for Paper Copies” or similar language in the subject line |
| BODY TEXT | state Your Request for Paper Copies of the specific document(s) Please list all documents by Document ID and Document Name as provided in the ESI Certificate include Your full name, Mailing address, telephone number, the specific email associated with the ELECTRONIC SIGNING Instance, and the ESI ID and ESI Name as provided in the ESI Certificate |
| Attachments | you may Include reference attachments at Your discretion |
To request paper copies of electronic records provided to you by and on behalf of SmartMLS Sign, send an email as follows:
| EMAIL FIELD | NOTES/INSTRUCTIONS |
| TO | papercopies@smartmls.com |
| CC | N/A |
| SUBJECT | include “Request for Paper Copies” or similar language in the subject line |
| BODY TEXT | state Your Request for Paper Copies of the specific document(s) Please list all documents by Document Name include Your full name, Mailing address, telephone number, the specific email associated with the SmartMLS Sign document you are requesting |
| Attachments | you may Include reference attachments at Your discretion |
Procedure to Update Contact Information
To update your contact information, send an email as follows:
| EMAIL FIELD | NOTES/INSTRUCTIONS |
| TO | TO THE SENDER AT THE SENDER’S EMAIL ADDRESS as PROVIDED IN THE ELECTRONIC SIGNING Instance notification EMAIL(s) |
| CC | N/A |
| SUBJECT | include “Update Contact Information” or similar language in the subject line |
| BODY TEXT | state the specific contact information to be updated include prior contact information including your full name, address, telephone number and email |
| Attachments | you may Include reference attachments at Your discretion |
HARDWARE AND SOFTWARE REQUIREMENTS
Computers and Mobile Devices
Most modern computers, including Desktops and Laptops/Notebooks, as well as mobile devices such as Smartphones and Tablets, are sufficient to effectively access and use the SmartMLS Sign platform and to download and save any/all electronic documents, records, notices, disclosures, and other communications. It is recommended that these devices operate on the most current, non-beta, live release versions of their respective operating systems to ensure compatibility and security.
Internet Connectivity
A stable internet connection, with minimum data transfer rates (DTR’s) of 5 Mbps Download and 5 Mbps Upload is essential for optimal functionality. An analysis of your internet access performance metrics, such as connection data rate and latency, is available from various web service providers including the following: https://www.speedtest.net/ or https://fast.com/
Web Browsers
For World Wide Web (www) access, we recommend using the most current, non-beta, live release versions of browsers such as Microsoft Edge, Google Chrome, Mozilla Firefox or Apple Safari.
Viewing
You will need software capable of opening, viewing and saving documents in PDF format, such as Adobe Acrobat Reader or Microsoft PDF Reader.
Printers/Printing
To print electronic documents/records to paper, You will require a functional printer which is compatible with your computer or mobile device and is capable of printing electronic documents/records stored in PDF file format.
Compatibility Matrix
For optimal security and user experience, we recommend using the most current, non-beta, live release versions of the following:
PC | MOBILE | WEB | PDF READER |
Microsoft Windows | Apple iOS | Microsoft Edge | Adobe Acrobat Reader |
Apple Mac OS | Android | Google CHrome | |
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| Mozilla firefox |
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| APPLE Safari |
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Hardware and software requirements enumerated above are provided for reference to provide You with optimal security and user experience. Older devices, alternate web browsers, and out of date software releases may in fact function adequately and should be utilized at Your discretion. You acknowledge and understand this may result in compromised security, a suboptimal user experience, and/or limited functionality in certain scenarios. If at any time after You provide affirmative consent, as enumerated hereinabove, You are provided notice, either by the Sender or SmartMLS Sign, of a substantial change in the required hardware and/or software, and said change creates a material risk that You will not have the ability to access, use, download, save and print any/all subsequent electronic documents, records, notices, disclosures, and other communications You will have the following options: (1) You have the right to withdraw Your affirmative consent without the imposition of any fee for such withdrawal and without the imposition of additional conditions and/or consequences beyond those which would be imposed in accordance with any voluntary withdrawal of consent; or (2) You may opt to provide affirmative consent in accordance with the new hardware and/or software requirements and by doing so, You acknowledge and agree to continue using SmartMLS Sign under the revised conditions.
SmartMLS Sign is committed to providing timely and concise communication regarding any necessary changes to these requirements to ensure that You can make informed decisions regarding Your continued use of our services.
