nirvasa

Privacy Policy

Last Updated: January 20, 2019

At Nirvasa, we are committed to the security and confidentiality of your personal information. We take the utmost care and responsibility in ensuring that your personal information is protected. This policy will outline what information we collect, how it is used and safeguarded, and with whom it may be shared to. Please note that this privacy policy may change from time to time.

Information Collection, Use, and Sharing

In order to access some features of Nirvasa, you must be registered as a user by creating an account. This requires a user to disclose personal information such as full name, phone number, and email address. This information will be referred to as ‘Personal Information.’ Nirvasa may collect cookies and usage data to provide a more enhanced and tailored experience for you. We may also retain other information that you voluntarily disclose such as community reviews on Nirvasa.

Your Personal Information may be used to deliver newsletters, marketing and promotional materials, as well as other information that may be of interest to you. You may opt out of receiving any of these communications from us by clicking the unsubscribe link or by visiting your profile settings and managing your notifications.

We collect and use Personal Information as follows:

  • To provide you with services you request from us;
  • Offering you products and services that may be of interest to you;
  • Your personal information may be shared with the real estate boards/associations, or their authorized representatives, providing data to Nirvasa for the purpose of auditing and monitoring Nirvasa's compliance with each respective board's/association's rules, regulations, policies and by-laws, the security of the data and other legal purposes, related to the use of the boards'/associations' data;
  • Providing you access to restricted listing data which is a requirement of many real estate boards and associations
  • Monitoring and managing the customer service you receive from Nirvasa and our third party partners;
  • To manage Nirvasa’s business operations;
    • Nirvasa’s business operations include but is not limited to website monitoring and analytics
      • Website monitoring and analytics may be done through Google Analytics
        • Google analytics is a web analytics service offered by Google that tracks and reports website traffic.
        • For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page.
  • We may use cookies to deliver content specific to your interests, to save your password so you don't have to re-enter it each time you visit our site, and for the other purposes set out below:
    • To find your account information in our database when you access a service so you do not need to log in at every visit; this helps us to provide you with a seamless and tailored experience to your specific needs and interests; a cookie is created when you register for a service.
    • to gauge our audience size; your browser is given a unique cookie that helps us determine whether yours is a repeat visit or a first visit.
  • We may also collect anonymous information gathered through Nirvasa which may be used for technical, analytical and research purposes. This information can be collected through questionnaires, surveys and feedback requests which may be used to develop or enhance the services offered at Nirvasa.

Limits of Use, Safeguarding and Retention of Data

Nirvasa will only retain your Personal Information for as long as necessary to carry out the purposes set out in this privacy policy. We will destroy, erase or make anonymous any of your Personal Information as soon as it is reasonable to assume that the original purpose is no longer requisite, and will take due care when destroying Personal Information so as to prevent unauthorized access to the information.

At Nirvasa, we take the utmost responsibility and care in ensuring that your Personal Information is protected and safeguarded. Through reasonable technical, managerial, and physical security measurements, we do our best to prevent unauthorized access, use, collection, copying, modification, theft and other similar risks. Of course, no method of Internet transmission or data storage can provide guaranteed protection to your information. If anything should ever happen to your information, we’ll let you know as soon as we can and try our best to make it right.

Children’s Privacy:

Please be aware that Nirvasa is not intended to be marketed or directed towards children, however it could be possible for children to publicly post or distribute Personal Information without parental consent within chat rooms, forums or other groups. Any user under the age of 18 years old must use Nirvasa and its Services with consent from their Parents/Guardians. If you believe that your child has shared Personal Information to us and would like it removed, please Contact Us or send an email contact@nirvasa.ca.

Accuracy of Information

At Nirvasa, we make efforts to ensure that Personal Information is complete and accurate, this is to provide the best user experience for you including marketed services, and full access to our suite of features. If you believe that the Personal Information you have disclosed is inaccurate or incomplete, Nirvasa will amend information as required as well as amend information sent to third parties to whom the information is disclosed. You may also update and keep accurate your Personal Information on your personal Profile or by contacting us at contact@nirvasa.ca.

Accessing Your Data

At Nirvasa we provide full transparency of the usage, maintenance, and collection of your Personal Information. You have a right to access your Personal Information that is held by Nirvasa. With a written request and confirmation of your identity, we will provide you with Your Personal Information collected by Nirvasa, how your Personal Information is being used, a description of the individuals and organization to whom that information has been disclosed. Depending on the nature and complexity of the request for Personal Information retrieval, there may be a reasonable fee for doing so. We will make available your Personal information within 30 days, or provide a written notice in case of a necessary time extension to fulfill the request. However, in certain circumstances, Nirvasa may not be able to provide access to certain personal information for example, in cases where disclosure would reveal Personal Information about another individual, the Personal Information was collected for purposes of an investigation, etc. When a situation like this arises and Nirvasa is unable to fulfill an access request for Personal Information, Nivasa will notify you in writing the reasoning behind the refusal and outline next steps that may be available to you.

Social Networks:

If you use your Google or Facebook account information to sign in, we may access your public social media profile information. You can always limit this sharing using your social media service settings.

Have Questions?

We are here to help you with any of your questions or concerns, and pride ourselves with making our customers feel heard and valued. Please feel free to contact us by sending an email to contact@nirvasa.ca or by sending us a message here.

Terms of Service

Terms of Use and Privacy Policy

Thank you for visiting Nirvasa.ca (“Nirvasa”), owned and operated by Nirvasa Brokerage. Please read these Terms of Use and Privacy Policy (the “Agreement”) carefully before using Nirvasa. The Agreement also applies to data and services provided to you by email. All use is for personal, non-commercial use only. By using Nirvasa and its mobile versions, and by subscribing to email services you agree to comply with the Agreement and confirm that you have a bona fide interest in buying, selling or leasing a residential and/or commercial property. Nirvasa and other entities (“Affiliates”) providing information and services on Nirvasa provide the information and services on this site to you, the user, conditional upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this website constitutes your agreement to all such terms, conditions, and notices.

The information and services offered on Nirvasa are provided with the understanding that neither Nirvasa nor its Affiliates or users are engaged in rendering legal or other professional services or advice. Your use of Nirvasa is subject to the additional disclaimers and caveats that may appear throughout Nirvasa. Also, Nirvasa and its Affiliates assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on Nirvasa.

About the Services:

Nirvasa aims to provide real estate related information to consumers, promotes and delivers services offered by Nirvasa (“Services”). Please use your own judgment regarding the quality of any data, individual, or entity that you find on or through Nirvasa. Nirvasa cannot and does not represent or warrant that any individual or entity whose services are promoted or offered on or through Nirvasa is registered, licensed, qualified, or otherwise authorized or capable of performing any described services. Nirvasa, and its Affiliates, do not make any representations, warranties or assurances as to the timeliness, completeness or accuracy of the information provided by any real estate professional, real estate agent, broker, brokerage, affiliate, appraiser or other real-estate or real-property-related service provider on or through Nirvasa. Nirvasa does not, and the Services are not intended to provide financial or real estate advice. Nirvasa is not a lender or real estate broker representing you or another user.

To access some features of the Services on Nirvasa, you may need to register for an account. When you register for an account, you may need to provide us with some information about yourself, such as email address or other contact information. You agree that the information you provide is accurate, and that you will keep it accurate and up-to-date at all times. Once you register, you may be required to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others.By creating an account, you also agree that we have permission to contact you, and or add you to our mailing list, which you may unsubscribe from at any time.

Nirvasa and the Services may include advertisements, these advertisements are crucial to support the Services and Nirvasa. To help make the advertisements more useful for you, Nirvasa may display advertisements based on the information we obtain through the Services or Nirvasa. Please see the *Privacy Policy* for more details. Your use of Nirvasa confirms your agreement to all such terms, conditions and notices. If you do not agree to comply with the Agreement, you may not use Nirvasa or subscribe to email services from Nirvasa and Affiliates, and you should leave Nirvasa immediately.

No Agency

Nirvasa has a real estate broker license in Ontario, but Nirvasa does not: (a) act as a real estate agent for you or any other user; (b) represent you or another user in the purchase, sale, or exchange of real property, including any negotiation thereof; or (c) lease or rent, offer to lease or rent, or negotiate the lease of real property or otherwise aid or assist in the lease of real property. Nirvasa assumes no responsibility for any result or consequence related directly or indirectly to any action or inaction that users take based on the Services or any other information available through or in connection with the Services. Nirvasa does not endorse, promote, represent or employ any of the real estate agents or any user displayed on Nirvasa.

Photos & Images

By using this website, you acknowledge and agree that the photos and/or images taken by or created by Nirvasa and/or its Affiliates are owned by Nirvasa Brokerage. These images cannot be reproduced, republished, repurposed or otherwise used without the express written permission of Nirvasa.

User Content

Under no circumstances will Nirvasa be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available via Nirvasa or Services. You use Nirvasa and Services at your own risk. By providing any User Content (such as submitting neighbourhood reviews), you acknowledge that Nirvasa reserves the right to refuse to accept, display, or transmit any User Content in its sole discretion, and you grant Nirvasa the worldwide, royalty-free,non-exclusive right and license to use, distribute, reproduce, modify, adapt, perform and display such User Content.

Third-Party Content/Linked Services

The Services include links to third-party products, services and websites, materials provided by third parties, and may include functionality that may distribute your personal information (collectively, your “User Information”) to third parties not under Nirvasa’s control (each, a “Third-Party Provider''). Third-Party Providers are solely responsible for their services. You are responsible for your use and submission of User Information to any Third-Party Provider, and your business conducted with any Third-Party Provider in connection with the Services are solely between you and the Third-Party Provider. Your use of third-party sites, services, or products may be subject to associated third-party terms of use and privacy policies and/or other agreements, which you are solely responsible for complying with. Nirvasa does not endorse, and takes no responsibility for such products, services, Web sites, and materials, or a Third-Party Provider’s use of your User Information. By using a tool that allows for User Information to be transferred, you agree that Nirvasa may transfer the applicable User Information or other information to the applicable third-parties, which are not under the control of Nirvasa. If you submit a contact form or otherwise indicate your interest in contacting a Third-Party Provider, you may receive telemarketing calls and emails from the Third-Party Provider using the contact information you provided. Third-Party Providers may keep your contact information and any other information received by the Third-Party Provider in processing a contact or other request form. Nirvasa is not responsible for any damages or costs of any type arising out of or in any way connected with your dealings with these third parties.

Advertising and Business Dealings

You acknowledge and agree that the Services may include advertisements. To help make the advertisements relevant and useful to you, Nirvasa may serve advertisements based on the information we collect from you or in relation to your interaction on our website. Please see the Privacy Policy for more details. Nirvasa may also provide information about, promotions, advertisements or links to third-party products or services on Nirvasa. Your business dealings with or participation in the promotions of such Third-Party Providers, and any terms, conditions, warranties, or representations associated with such dealings or promotions, are solely between you and such Third-Party Provider. Nirvasa is not responsible for and does not guarantee the price, terms, performance, quality, accuracy, availability or legality of any products, services, promotions or information offered by any advertiser. We are not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as a result of such third party information or advertisements on Nirvasa. If you have a dispute with one or more advertisers or other Third-Party Provider, you release Nirvasa from any claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Indemnification

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Nirvasa and Nirvasa Brokerage, its Affiliates, licensors and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (a) your breach of any provision of this Agreement; or (b) your use of Nirvasa, the Services, your contributions and the placement or transmission of any Content or any of your contributions on Nirvasa made by you or others using your user name and password. Nirvasa reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the prior written consent of Nirvasa or its affiliates, licensors or related companies. You will cooperate as fully as reasonably required in the defense of any claim.

Prohibited Use

BY USING THE SERVICES, YOU AGREE NOT TO:

  • Use information provided by Nirvasa through the Services in making any loan-related decisions;
  • Remove, modify, or copy any copyright or other intellectual property notices that are displayed in the Services;
  • Use the Services in any way that is unlawful/illegal, or harms Nirvasa or Nirvasa Brokerage, its service providers, Affiliates, or any other user;
  • Distribute, display, post, or transmit spam, chain letters, pyramid schemes, or similar communications through the Services;
  • Impersonate another person/user or misrepresent your affiliation with another person/user or entity;
  • Reproduce, publicly display, or otherwise make accessible on or through any other website, application, or service any reviews, ratings, and/or profile information about real estate, lending, or other professionals, underlying images of or information about real estate listings, or other data or content available through the Services or on Nirvasa, except as explicitly permitted in writing by Nirvasa or Nirvasa Brokerage;
  • Upload invalid data, viruses, worms, or other software agents to the Services or Nirvasa;
  • Interfere with, or compromise the system integrity or security of the Services or Nirvasa or Affiliates, or otherwise bypass any measures Nirvasa may use to prevent or restrict access to the Services or Nirvasa or Affiliates;
  • Conduct automated queries (including screen and database scraping, spiders, robots, crawlers, and any other automated activity with the purpose of obtaining information from the Services) on the Services or Nirvasa or Affiliates;
  • Use any of Nirvasa’s trademarks without written approval and permission, including but not limited to using them as part of your business name, screen name or email address on the Services;

Internet Data Exchange and other Virtual Office Websites

These terms apply to the Internet Data Exchange and Virtual Office Website features of Nirvasa, which provides listing data from various real estate boards/associations. You agree and acknowledge that:

  • these Terms of Use do not create an agency relationship or representation agreement between you and Nirvasa Brokerage;
  • these Terms of Use do not impose any financial obligations on you for services;all data obtained from Nirvasa is intended only for your personal, noncommercial use;
  • you have a bona fide interest in the purchase, sale or lease of real estate of the type being offered through Nirvasa
  • you will not use, copy, print, or save any of the data on Nirvasa other than for conducting your due diligence for the prospective sale, purchase or lease of a real estate property; this shall be your only permitted use of the data on Nirvasa;
  • you recognize the validity of, and will respect the ownership of, the proprietary rights and copyrights of the listing data provided by, and the MLS® System of each respective real estate board/association;
  • you consent that some personal information (name, phone number, email address, and other) may be collected by this website prior to you being granted access to certain information on the Internet Data Exchange or Virtual Office Website features of Nirvasa; this requirement is to satisfy Nirvasa’s compliance with the rules, regulations, policies, and by-laws of the various boards/associations providing the listing data;
  • your personal information may be shared with the real estate boards/associations, or their authorized representatives, providing data to Nirvasa for the purpose of auditing and monitoring Nirvasa’s compliance with each respective board’s/association’s rules, regulations, policies and by-laws, the security of the data and other legal purposes, related to the use of the boards’/associations’ data;
  • by accepting these Terms of Use, you are NOT acquiring a right or licence to, and are prohibited from, either directly or indirectly, collecting, copying, displaying, posting, transferring, “scrapping”, “data mining”, saving, storing, selling, manipulating, disseminating, distributing/redistributing, retransmitting, reproducing, publishing, broadcasting, sharing, licensing or sub licensing any of the data on Nirvasa or in emails from us to another individual, entity via any means or medium;
  • though all information presented on Nirvasa is deemed to be from reliable sources, neither Nirvasa, nor the real estate boards and/ or associations providing listing data to Nirvasa, nor third party information providers, assume any responsibility for, and make no guarantee as to the accuracy of the information provided on Nirvasa. No information should be relied upon without being independently verified by you with the assistance of professionals as required;
  • some of the information contained on this site is based in whole or in part on information that is provided by members of The Canadian Real Estate Association (CREA), who are responsible for its accuracy. CREA reproduces and distributes this information as a service for its members, such as Nirvasa, and assumes no responsibility for its accuracy;
  • neither Nirvasa nor any board/associations shall be responsible or liable, directly or indirectly, in any way, for any loss or damage of any kind incurred as a result of, or in connection with, your use or reliance on the listing information/data, any related data, and/or posted or hyperlinked comments or reviews.

Disclaimers

REALTOR®, REALTORS®, and the REALTOR® logo are certification marks that are owned by REALTOR® Canada Inc. and licensed exclusively to The Canadian Real Estate Association (CREA). These certification marks identify real estate professionals who are members of CREA and who must abide by CREA’s By‐Laws, Rules, and the REALTOR® Code. The MLS® trademark, Multiple Listing Service® and the MLS® logo are owned by CREA and identify the quality of services provided by real estate professionals who are members of CREA. Used under license. Nirvasa does not intend to solicit consumers already under exclusive contact with other brokerages.

Feedback

If you choose to provide input and suggestions regarding the Services or Nirvasa, including related to any Nirvasa materials (“Feedback”), then you hereby grant Nirvasa an unrestricted, non-exclusive, irrevocable, perpetual, fully-paid, royalty-free right to use the Feedback in any manner and for any purpose, including to improve the Services or Nirvasa or to create other products and services.

No Guarantee

Nirvasa and Nirvasa Inc. Brokerage does not guarantee the availability, timeliness, integrity, ability or skill of any real-estate agents/brokers/brokerages, mortgage agents/brokers/lenders, or any other individual/institution or organization (“Professional Users”). We do attempt to verify and validate Professional Users’ information by using publicly available information, however we do not guarantee that the Professional User has or holds any licenses, training, education, qualification, certification of insurance required to provide their related professional services, including but not limited to real-estate related advice on purchasing or selling, valuations, opinions, or lending- related advice on mortgages, loans, opinions (“Professional Services.”) Nirvasa does not warrant or guarantee any Professional User’s professional registration, accreditation, certification, license, insurance, bond or other regulatory status in relation with their respective Professional Services. The Professional Services, Services, and Content are provided “as is'' and “as available” and Nirvasa disclaims any and all representations and warranties, express or implied, including and without limitation implied warranties of title, merchantability, fitness for a specific purpose or noninfringement. We cannot guarantee and do not promise any particular results from use of Content, Services or Professional Services as to, including but not limited to. the timeliness, accuracy, reliability, completeness or quality.

Limitation Of Liability

Under no circumstances, including but not limited to, gross negligence, negligence, negligent misrepresentation and fundamental breach shall Nirvasa nor Nirvasa Brokerage nor its Affiliates, Third-Party Providers, Licensors, and/or related companies, and each of their directors, officers, employees, consultants and agents be liable for any direct or indirect, incidental, special or consequential damages or any loss that results from your use or inability to use of any Services, Content, information, material or postings on Nirvasa. These limitations will apply regardless of whether the party allegedly liable or liable was advised, knew of the possibility of such damages or had other reasons to know. By using Nirvasa, you acknowledge and agree that neither Nirvasa nor Nirvasa Brokerage nor its Affiliates, Third-Party Providers, Licensors, and/or related companies, and each of their directors, officers, employees, consultants and agents shall be held liable for any defamatory, offensive or illegal conduct of any user including you.

Privacy

Our collection, use and disclosure of personal information in connection with Nirvasa are governed by our Privacy Policy, which is posted at Privacy Policy.