MARCUS & MILLICHAP PRIVACY POLICY

Revised on July 23, 2019.

The MarcusMillichap.com websites, and our mobile applications (collectively, the “Site”) is a service of Marcus & Millichap Real Estate Investment Services, Inc., a Delaware corporation with headquarters located in California and the affiliated entities listed below (collectively, “Marcus & Millichap” or “we”). We have prepared this Privacy Policy to explain how we collect, use, protect, and disclose information and data when you use the Site. This Privacy Policy also explains your choices for managing your information preferences, including opting out of certain uses of your Personal Information (defined below). By accessing or using the Site, you consent to this Privacy Policy.

We may revise this privacy policy at any time. When we do, we will also revise the “Last updated” date at the top of this privacy policy. You are responsible for regularly reviewing the current privacy policy. The most current version of the privacy policy can be reviewed by clicking on the “Privacy policy” link located at the bottom of our web pages. Your continued use of the site after we post any revisions constitutes your agreement to any such revisions.

This Site is not intended for children or users under the age of 18 and we do not knowingly collect data relating to children.

If we become aware that we have inadvertently received Personal Information from a child under the age of 13, we will delete such information from our records.

What information do we collect from this Site?

Personal Information. “Personal Information” means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

We collect Personal Information when you use this Site, use any of our services, update or modify information that is maintained on the Site, register for an event, and at other times. We also may receive Personal Information through the use of social media websites and services. We may receive information about you from these and other sources.

The types of Personal Information we may collect are grouped as follows:

Identity Data includes first name, last name, email address.

Profile Data includes interests, your preferences, feedback and survey responses.

Marketing and Communications Data includes your preferences in receiving marketing from us and your communication preferences.

We may also collect “Technical and Site Data” as follows:

Usage Data and Site Activity Information collected automatically each time you visit the Site (“Usage Data”). This includes, without limitation, your IP address, the type of computer you use, the web browser you use, the web pages you visit, and the duration of your visit to the Site. An IP address is a number assigned to your computer when you connect to the Internet. Each time you visit the Site, our web server may automatically recognize (where possible) and collect your IP address.

Cookies and Other Tracking Technologies We use cookies (a small text file placed on your computer to identify your computer or device and web browser). We use cookies to improve the experience of the Site. We do not use cookies to collect Personal Information.

From time to time, Marcus & Millichap track your online activity on the Site. Marcus & Millichap will at times associate that information with information that can identify you, an account belonging to you, or your device or with information that can be used to contact you.

Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. Certain features of the Site may not work if you delete or disable cookies. Some of our Service Providers may use their own cookies, or other tracking technologies in connection with the services they perform on our behalf.

Can you change your information?

You can access, change, correct, and update your Personal Information that you provide to us through your account or by e-mailing us at: marketingrequests@marcusmillichap.com. Do you have a choice as to whether to provide information to us?

You can choose not to provide Personal Information to us. However, if you do not provide such information, you may not be able to access or use certain portions of the Site or our services.

Why do we collect your information (What is our Legal Basis)?

Marcus & Millichap has a “Legitimate Interest” in the collection of your Personal Information. Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you and your rights before we process your Personal Information for our Legitimate Interests. We do not use your Personal Information for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our Legitimate Interests against any potential impact on you in respect of specific activities by contacting us.

How do we collect your information?

We use different methods to collect data from and about you, including through:

Direct interactions. You may give us Personal Information by filling in forms on the Site. This includes Personal Information you provide when you:

apply for our products or services;

create an account on our website;

request marketing to be sent to you;

enter a competition, promotion or survey; or

give us feedback or contact us.

Automated technologies or interactions. See Cookies and Other Tracking Technologies

How do we use the information that we collect?

Except as otherwise stated in this Privacy Policy, we use Personal Information only as permitted by law and for our internal purposes and the internal purposes of our affiliates only. Internal purposes include, but are not limited to, our use of Personal Information to provide you with the Site, to establish your online account, to send you information and reports about types of properties that you may be interested in, to contact you directly about properties that you may be interested in, to provide you with any other services you request, to notify you of new products or services offered by Marcus & Millichap through the Site or any of its affiliates, and to otherwise communicate with you about Marcus & Millichap and any of its affiliates. We may also use Personal Information to send you marketing communications and e-mails about the Site, Marcus & Millichap and our affiliates, and our services, respond to e-mails, provide customer support, and other similar matters.

We use Usage Data to customize your experience while visiting the Site and to evaluate and improve the design of the Site. We use Usage Data to help us run and maintain the Site, study traffic patterns and generally learn about the usage of the Site. We also use such information for purposes of system administration, to improve the design and content of the Site, and to enable us to personalize your Internet experience.

Opting out

You can ask us to stop sending you marketing messages at any time by unsubscribing to messages you receive from us OR by contacting us at any time.

When you opt out of receiving these marketing messages, this will not apply to Personal Information provided to us due to your registration and use of the Site.

We will only use your Personal Information for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your Personal Information for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

How is the information collected disclosed?

Except as provided in this Privacy Policy, (a) we do not sell, rent, or trade with unaffiliated third parties, any Personal Information that you provide to us through the Site, and (b) we do not share such information with unaffiliated third parties.

We may disclose non-Personal Information, including Usage Data, in aggregate form to third parties including, without limitation, advertisers and business partners.

Service Providers

We may disclose Personal Information about you to third parties who provide services to us and who agree to maintain such information in accordance with this Privacy Policy (“Service Providers”). These Service Providers may provide a variety of services to us including, without limitation, processing and storing user information and data, updating your customer information records in our database (including address verification), conducting marketing and promotions, and sending or coordinating the sending of marketing communications on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. We do not authorize Service Providers to make any use of your information other than as specified by Marcus & Millichap.

Compliance with Laws and Law Enforcement

We may disclose Personal Information in special cases when we have reason to believe that disclosing such information is necessary to identify, contact, or bring legal action against someone who may have breached our Terms of Use or who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, other users of the Site, or anyone else who could be harmed by such activities. We may also disclose Personal Information or other information when we believe that the law requires it and when we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas).

Transfers

Please be aware that your Personal Information and Usage Data may be transferred to and shared with businesses controlling, controlled by or under common control of Marcus & Millichap. If Marcus & Millichap is merged, acquired, or sold, or in the event of a transfer of some or all of our assets, we may disclose or transfer Personal Information and Usage Data in connection with such transaction. You will have the opportunity to opt out of any such transfer if, in our discretion, the new entity plans to handle your information in a way that differs materially from this Privacy Policy.

By using the Site, you agree that the collection, use, transfer, and disclosure of your Personal Information and will be governed by the applicable laws in the United States.

Notice to California Residents/Your California Privacy Rights

California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of Personal Information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g., requests made in 2019 will receive information about 2018 sharing activities). To make such a request, please contact us at: marketingrequests@marcusmillichap.com or mail us at: Marcus & Millichap Marketing Department (818) 212-2250 23975 Park Sorrento Suite 400, Calabasas, CA 91302. You must use the website address for this Site as the subject line, and include your full name, e-mail address, and postal address in your message.

What are your rights

The right to be informed; This means anyone processing your Personal Information must make clear what they are processing, why, and who else the data may be passed to.

The right of access; this is your right to see what data is held about you by Marcus & Millichap.

The right to rectification; the right to have your data corrected or amended if what is held is incorrect in some way.

The right to erasure; under certain circumstances you can ask for your Personal Information to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the Personal Information is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the Personal Information has been unlawfully processed.

The right to restrict processing; this gives you the right to ask for a temporary halt to processing of Personal Information, such as in the case where a dispute or legal case must be concluded, or the data is being corrected.

The right to data portability; you have the right to ask for any data supplied directly to Marcus & Millichap by a third party, to be provided in a structured, commonly used, and machine-readable format.

The right to object; you have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.

Rights in relation to automated decision making and profiling; you have the right not to be subject to a decision based solely on automated processing.

How do we protect the security of your information?

We maintain physical, technical and administrative safeguards to reduce the risk of unauthorized access to personal information. However, although we employ such safeguards, information transmitted on the Internet and/or stored on systems connected to the Internet is never 100% secure. As a result, we cannot nor do we ensure, warrant, or guarantee the security or integrity of such information.

Does the Site contain links to other websites?

While you are using the Site, you may be linked or directed to other third party websites outside of the Site that are beyond our control. A link to a third party’s website does not mean that we endorse it or that we are affiliated with it. You access such third-party websites or content at your own risk. Each of these third parties may have a privacy policy different from ours. Please review the privacy policies of these websites. We are not responsible for any actions or policies of such third parties.

How long will you use my Personal Information?

We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

Details of retention periods for different aspects of your Personal Information are available in our retention policy which you can request from us by contacting us.