MLS RULE CHANGES (CCPA)
Effective January 1, 2020, the following MLS Rules & Regulations changes will be enforced. Additions, deletions and changes identified in red.
11. OWNERSHIP OF MLS COMPILATIONS/COPYRIGHTS;
DATA RIGHTS AND RESPONSIBILITIES OF THE SERVICE
11.8 Database Preservation. No data may be removed from the MLS compilation other than by the service. Although a listing may be removed from display in the MLS compilation of current listing information, all data submitted to the MLS will remain in the database for historical and other purposes approved by the service (unless the service itself removes said data in accordance with other provisions of these rules).
11.10. Data Privacy. By participation in the service, Participants and Subscribers: represent and warrant that they have given all lawfully required privacy notices asn opt-out rights to their respective seller and buyer clients whose personal information, as defined in the California Consumer Privacy Act (“CCPA”) may be submitted or included in the MLS compilation. C.A.R. Standard Form CCPA may be used to satisfy the notice requirements set forth in this rule, but if an alternate document is used, it must show that required privacy notices and opt-out rights have been given. All Participants and Subscribers are required to comply with this rule’s notice requirements regardless of whether they are considered a “business” or “third party” or otherwise under the CCPA. The service shall have the right to demand a copy of written verification that such lawfully required privacy notices and opt-out rights have been given at any time. If the Participant or Subscriber fails to provide documentation requested by the service within 1 day after the service’s request, the service shall have the right to immediately withdraw any listings from the database in addition to disciplining the Participant and Subscriber for a violation of MLS rules.
In the event the MLS receives a consumer opt-out or deletion request, the MLS reserves the right to remove or delete personal information as may be, in its discretion, necessary to satisfy or otherwise accommodate the CCPA. The MLS’s obligation to do so will vary given the circumstances and the extent to which the MLS is covered by the CCPA, thus the MLS also reserves the right to reject what it determines are unfounded or non-mandated opt-out or deletion requests, if any.
1011 Indemnification; Limitation of Liability. Participant and Subscriber shall indemnify and hold harmless the service for any claimes, costs, damage or losses, including reasonable attorney fees and court costs incurred by the MLS resulting from or arising out of any content Participant and/or Subscriber submit to or in any way wrongfully reproduce from the Service. In no event will the MLS be liable to any MLS Participant, Subscriber or any other party for any indirect, special or consequential damages arising out of any information published in the MLS and all other damages shall be limited to an amount not to exceed the MLS fees paid by the listing broker.
1112 Pursuing Complaints of Unauthorized Use of Listing Content. MLS Participants and Subscribers may not take legal action against another Participant or Subscriber for alleged rules violation(s) unless the complaining Participant or Subscriber has first exhausted the remedies provided by these rules…