9.06 Requirements for Providing a Registrant with Access to an
MLS® VOW
An MLS® VOW Participant must not provide a Registrant with access to MLS®
VOW Data through the MLS® VOW Participant’s MLS® VOW unless and until:
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and REBGV
(a) the MLS® VOW Participant establishes a lawful REALTOR®/
consumer or
REALTOR®/client relationship with that Registrant, including, where
necessary, completion of any applicable agency, non-agency, and other
disclosure obligations, and execution of any required agreements;
(b) the Registrant has provided the MLS® VOW Participant, through the MLS®
VOW,
with the Registrant’s name, valid e-mail address and, at the option of the
MLS® VOW Participant, other information;
(c) the MLS® VOW Participant has displayed the Terms of Use to the
Registrant on
the MLS®
VOW;
(d) the Registrant has affirmatively and expressly agreed to the Terms of Use
where
at a minimum, the Registrant has been required to open and
review the agreement and agree to the agreement by
“mouse-clicking” an acknowledgement of agreement displayed on
the MLS® VOW;
(e) the Registrant has supplied the MLS® VOW Participant with a user name
and a
password, both of which must be unique to the Registrant, (the user
name and password may be established by the Registrant or may be
supplied by the MLS® VOW Participant at the option of the MLS® VOW
Participant). The Registrant’s password and access to MLS® VOW Data
must expire on a date not later than 30 days after being issued.
Passwords may not be automatically renewed upon expiration;
(f) the MLS® VOW Participant has sent an e-mail to the Registrant at the
e-mail
address described in (b) above confirming the user name and password
and the Registrant has acknowledged receipt of the e-mail by
mouse-clicking an acknowledgment of receipt displayed in the e-mail;
and
(g) upon expiration of their password the Registrant must provide the MLS®
VOW Participant with a new password to regain access to the MLS® VOW
Data. The MLS® VOW Participant shall not permit the Registrant to regain
access to the MLS® VOW Data until the MLS® VOW Participant has sent an
e-mail to the Registrant at the e-mail address described in (b) above confirming
the new password and the Registrant has acknowledged receipt of the e-mail
by mouse- clicking an acknowledgement of receipt displayed in the e-mail.
9.07 Terms of
Use
The Terms of Use must include an express acknowledgement and agreement by
the Registrant in favour of the MLS® VOW Participant, the corresponding
brokerage and the Board that:
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and REBGV
(a) the Registrant has received, read and understood the form published by
the
British Columbia Real Estate Association entitled “Privacy Notice and
Consent” (this document may be linked);
(b) the Registrant acknowledges entering into a lawful REALTOR®/
consumer or
REALTOR®/client relationship with the
Member;
(c) all data obtained from the MLS® VOW is intended for and may only be
used for
the Registrant’s personal, non-commercial
use;
(d) the Registrant has a bona fide interest in the purchase, sale or lease of
real
estate of the type being offered through the MLS®
VOW;
(e) the Registrant will not himself, and will not permit or assist others to, directly
or
indirectly
:
(i) copy, redistribute or retransmit any of the MLS® VOW Data
or
information
provided;
(ii) display, post, disseminate, distribute, publish, broadcast, transfer, sell
or
sublicense any of the MLS® VOW Data to another
person.
(iii) engage in Scraping (including “screen scraping” and “database
scraping”), “data mining” or any other activity intended to collect, store,
re-organize, summarize or manipulate any MLS® VOW Data or any
related data;
(f) the Registrant acknowledges the Board’s ownership of, and the validity of
the
Board’s proprietary rights and copyright in the MLS® VOW Data,
and listing information; and
(g) the Registrant expressly authorizes the Board or their duly
authorized
representatives, to access the MLS® VOW and Registrant’s information
provided to the MLS® VOW Participant, for the purposes of verifying
compliance with and pursuing enforcement of the Terms of Use and all
applicable rules, regulations, bylaws, policies, and laws.
9.08 Terms of Use may not Impose Financial
Obligation
A Terms of Use agreement may not impose a financial obligation on a
Registrant or create an agency agreement with the Registrant. Any financial
obligation or agency agreement entered into by a Registrant through an MLS®
VOW must be set forth separately from the Terms of Use, must be prominently
labelled and may not be accepted solely by mouse click. The Registrant must
also receive a subsequent confirmation of the terms of any such financial
obligation or agency agreement and the financial obligation or agency
agreement may not become effective until the Registrant acknowledges
acceptance of those terms by mouse click. Prior to entering into an
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and REBGV
agency agreement with a Registrant the MLS® VOW Participant must ask the
Registrant whether the Registrant is a party to any other agency agreements.
9.09 Maintenance of
Records
MLS® VOW Participants must maintain a record of the name, telephone number,
e-mail address and, if required by the MLS® VOW Participant the street address
supplied by the Registrant, and the user name of each Registrant during the
currency of the Registrant’s password and for not less than one hundred and
eighty (180) days after the expiration of the validity of the Registrant’s password.
9.10 Privacy
Policy
An MLS® VOW must boldly display a privacy policy that informs Registrants of
the ways in which information obtained from them will be used, and obtain each
Registrant’s consent to all of the ways in which personal information that they
provide may be collected, used, or disclosed including the fact that personal
information may be shared with the Board for auditing and/or legal purposes.
By registering you agree to the Privacy Policy.
