DRAFT — FOR ATTORNEY REVIEW. This document is a starting template and is not legal advice. Replace every [bracketed] item and have qualified counsel review before publishing. Last updated: [Month Day, Year].
These terms apply to personal information that you (the agent or brokerage) store in or collect through ListingKit about other people — such as past clients, open house visitors, sellers and photographers (“Customer Personal Information”). They form part of the Terms of Service.
Roles
You are the business/controller of Customer Personal Information. ListingKit is your service provider/processor and processes it only on your documented instructions (your use and configuration of the Service) and as required by law.
Our commitments
- We will not sell or share Customer Personal Information, use it for cross-context behavioral advertising, or combine it with other data except as permitted for service providers by law.
- We will not retain, use or disclose it outside our direct business relationship with you or for any purpose other than providing the Service.
- We use subprocessors bound by written obligations at least as protective (see list below) and will give notice of new subprocessors via this page.
- We maintain reasonable security and will notify you without undue delay of a security incident affecting Customer Personal Information.
- We will help you respond to individuals’ privacy requests (export and delete tools are available in the app) and delete Customer Personal Information when you delete it or close your account, subject to backups and legal retention.
- We will comply with applicable U.S. state privacy laws (including the CCPA/CPRA) as a service provider and notify you if we can no longer meet our obligations.
Your commitments
- You have a lawful basis and any required notices or consents for the data you add (for example, a prior relationship with past clients, and visitor consent for marketing follow-up).
- You provide your own privacy notice to the people whose data you collect and honor their requests.
- You won’t upload sensitive data the Service isn’t designed for (e.g., SSNs, financial account numbers, health information).
Subprocessors
| Subprocessor | Purpose | Location |
|---|---|---|
| [Kinsta / Google Cloud] | Hosting and storage | United States |
| [Cloudflare] | CDN and security | United States |
| [Brevo] | Email delivery | [Confirm region] |
| Stripe | Payments (agent billing only) | United States |
| [Anthropic] | AI text generation and document reading | United States |
| Business profile, page speed data | United States |
[Ops: confirm each vendor’s data processing terms and storage regions before launch.]