Smartcounsel, PSC recognizes the importance of protecting the personal information you provide at websites owned or controlled by Smartcounsel, PSC. We have adopted procedures and policies to protect against unauthorized or unlawful processing personal data and against accidental loss, destruction or damage of data.
PROTECTION: In order to protect your nonpublic information, we maintain physical and electronic access to files and information used to process those files received from outside parties pertaining to your transaction, that comply with appropriate federal and state regulations, and our professional standards. Controls include but are not limited to password protection on computers and server access. Our server is locked during non-business hours.
Personal data is collected only for the purposes specified. We may share your personal information with title insurance providers or other real estate settlement service providers, including real estate agents.
We may also, disclose your personal information (i) to agents, brokers or representatives to provide you with services you have requested; and/or (ii) to third party contractors or other providers who provide services or other functions on our behalf.
Our network is protected by anti-virus software that runs on servers and workstations, and is updated automatically with on-line downloads from the website. This service includes alerts if a virus is detected. Any detection of potentially corrupting or dangerous programs is dealt with by our IT consultant. All new data stored on the server is backed up automatically on a daily basis.
RETENTION. We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and, in some cases, to comply with professional guidelines. After your closing, you will receive originals or copies of your recorded documents, and your file will be closed. Real estate files are generally retained for five (5) years after closing; and are subject to destruction after that time period. You may claim your file at any time during this period by sending a written request, or by contacting this office. After five (5) years if you have not claimed your file, it will be subject to destruction.
THIRD PARTY DISCLOSURE. As a client of Smartcounsel, PSC, you should know that all information we receive from you is held in confidence, and is not released to people outside the firm, except as agreed to by you, or as required under applicable law. We may also disclose your Personal Information to others when we believe, in good faith, that such disclosure is reasonably necessary to comply with the law or to protect the safety of our customers, employees, or property and/or to comply with a judicial proceeding, court order of legal process.
RISK OF INTERNET INTERCEPTION. There is always a risk that electronic mail communication may be intercepted or sent to the wrong person, and there is inherent lack of security in using the internet for communication. If you have asked for communication by email, or viewed your closing documents via mobile device, you assume the risk that such data may be intercepted or otherwise inadvertently disclosed. Any communication sent unencrypted is subject to being intercepted.
AMENDMENT. This Privacy and Records Retention Statement may be amended from time to time. The Effective Date shown below, indicates the last time this was revised.
WAIVER OF CONFLICT OF INTEREST. If both Seller and Buyer have requested that Smartcounsel, PSC close and represent them in a purchase and sale transaction, each of Seller and Buyer hereby waive any actual or possible conflict of interest which may arise from such dual representation.