RE32RC03 – Technology and Real Estate Brokerage March 24, 2016 @ 11:15 a.m. – 1:15 p.m Instructor: Sandra J. Carroll
Advertising / Marketing
I. Compliance with Marketing Regulations in Web Site Activities
a. Website Disclosures: required symbols, language and content for front page, footers and general content on broker and agent web sites
Broker Name: License Law Firm Name: Code of Ethics City/Town of Office: ARELLO State of Licensure: Code of Ethics Listing Agent Name: MLS Rules Fair Housing symbol: HUD CMR: (9) Advertising. A broker shall not advertise in any way that is false or misleading.
b. Agent Web Sites: understanding how some web site marketing strategies attempt to "separate" the agent from the broker in personal promotion activities (254:CMR 3:00:9(a))
Advertising. A broker shall not advertise in any way that is false or misleading.
(a) Broker Identification. No broker may advertise real property to purchase, sell, rent, mortgage or exchange through classified advertisement or otherwise unless he/she affirmatively discloses that he/she is a real estate broker. No broker shall insert advertisements in any advertising publication or other means where only a post office box number, telephone, facsimile, electronic mail number or street address appears. All advertisements shall include the name of the real estate broker.
(b) Salespersons Prohibited From Advertising. Salespeople are prohibited from advertising the purchase, sale, rental or exchange of any real property under their own name.
(c) Discriminatory Advertising Prohibited. No broker shall advertise to purchase, sell, rent, mortgage or exchange any real property in any manner that indicates directly or indirectly unlawful discrimination against any individual or group.
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 1
c. Website Refreshing: Content updates required by law, code or regulation
• Whenever a licensed entity owns a Web "page" or controls its content, every viewable page should include (or link to) a full disclosure • A licensed entity advertising or marketing real property on a site on the Internet that is either owned or controlled by the licensed entity shall periodically, but not less than every thirty-one (31) days, review the advertising and marketing information on the site concerning real property listed by the licensed entity to assure it is current and not misleading. • MLS Rules indicate that all IDX (shared listing data) from the MLS must be updated at least once every seven (7) days. • Licensed entities may NOT display and distribute, electronically or otherwise, information about properties listed by other licensed entities UNLESS they obtain the authorization of the listing broker. This authorization may be express or, if both licensed entities participate in a cooperative service, may be set forth in the rules of the MLS Service. (IDX) • Licensed entities may not alter the online display or any information about the listing without the written permission of the listing broker. d. Online classifieds:
• Same as print ads: compliance with required broker & brokerage name
e. Multimedia Advertising (e.g. Web based, executable e-mail attachments, etc.)
• Full disclosure should be visible as part of the advertising message, including banner ads..
f. Privacy Policy: creating and managing a web site privacy policy to disclose usage policy for visitor personal information
• Confirm information will be used only in ways that the visitor has authorized. Detail how and where their personal information will (or will not) be transferred or sold to any third party. Obtain consent if information is to be provided. • Subscription sign-ups for electronic newsletter: Detail how and where their personal information will (or will not) be transferred or sold to any third party. Obtain consent if information is to be provided.
g. Agency Disclosure
A licensee shall make the agency relationship disclosure(s) in accordance with the requirements of the jurisdictions(s) in which the licensee conducts licensed activities with a consumer or consumers. h. Copyright
Define who owns the listing content, the photographs, the database and when/where/how that data is licensed for use.
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 2
Communications
II. Compliance with Marketing and Disclosure regulations in Email-based Communications
a. Proper construction and required content for signature files in email messages (254 CMR 3:00:9(a)) b. Creation, maintenance and usage of electronic signatures for communication c. Use of appropriate broker, agent and contact information when using online listserv and discussion group services that involve consumers d. Can-SPAM Act III. Newsgroups, Discussion Lists, Bulletin Boards
• Such formats should include a full disclosure at the beginning or end of each message.
IV. Instant Messages / Chat Rooms
• Full disclosure is not necessary in this format if the licensed entity provided the written full disclosures via another format or medium (e.g., e-mail or letter) prior to providing, or offering to provide, licensable services. • Saving Chat Sessions with clients • Paper trail V. VON (Voice Over Net)
• Advertising - "audible" full disclosure prior to the advertising message or disclosure text visible on the same Web page that contains the VON session (if applicable). • Messaging - "audible" full disclosure is not necessary if full written disclosure was provided via another medium (i.e. e-mail, letter) prior to providing, or offering to provide, licensable service VI. Can online communication be considered a contract in writing?
• Shattuck v. Klotzbach, Plymouth Superior Court, Civil Action 01-1109A
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 3
Shattuck v. Klotzbach, Plymouth Superior Court, Civil Action 01-1109A
While this case could be appealed, its underlying rationale is worthy of note. In Shattuck, the Plymouth Superior Court held that one party to a real estate transaction could not cancel the purchase and sale agreement simply because it had been negotiated and agreed upon by e-mail.
When the buyers sought to enforce their rights to purchase the property, and the seller refused to sell, the seller brought a motion to dismiss arguing that any alleged promise to sell could not be enforced, because e-mail communications were not a “signed” writing, as required by the Massachusetts statute of frauds. The Superior Court held otherwise, finding that a “typewritten signature” could suffice to bind the parties to this transaction. Negotiations for the sale of property began when the plaintiff buyer e-mailed a $2 million offer to the defendant seller. The sellers responded with their own e-mail, countering that they would accept $2.225 million; the sellers also indicated that e-mail was the “preferred” manner of communication.
Following a number of discussions, the parties entered into a purchase and sale agreement for $2.2 million, but this agreement was later terminated because the defendants could not secure a “wharf license” required by the purchase and sale agreement. Negotiations picked up again several months later when the plaintiffs e-mailed another offer, this time for 1.85 million, indicating that they could close within thirty (30) days. The seller again responded by e-mail that he would sell the property for $2 million if the plaintiff agreed that there would be “no contingencies”. This offer was not accepted.
Several weeks later the seller sent yet another e-mail to the buyer stating that the property had not yet been sold and that if the buyer was still interested in a clean deal at $1.825 million”, to let the Seller know. The following month, the plaintiff buyer sent another e-mail to the defendant stating that he was still interested, and that he only wanted a “quick walk through inspection” before signing a “simple” purchase and sale agreement.
Using e-mail communication again, the plaintiff buyer told the defendants that their attorney would draft a purchase and sale agreement containing “no usual contingencies” with the closing to be as soon as possible. In every instance, e-mail communications between the parties ended with the typewritten name of the sender.
When the closing did not occur, the buyer sued to enforce the purchase and sale agreement and the seller brought a motion to dismiss, claiming that e-mail communications did not satisfy the writing requirement of the Statute of Frauds, since no agreement technically had been signed. The Massachusetts Statute of Frauds, (G.L.c 259, §1,) states that “no action shall be brought… upon a contract for the sale of land… unless the promise, contract or agreement upon which action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therein or by some person thereunto still lawfully authorized.”
FINDINGS: The Plymouth Superior Court judge cited prior case law holding that a telegram was a “writing sufficient to indicate that a contract or sale [had] been made and signed by the party whom enforcement was sought”. The judge then held that the “typed name at the end of an e-mail was more indicative of a party’s intent to authenticate than that of a telegram, as a sender of an e-mail typed and sent the message on his own accord and types his own name as he so chooses”. Since the seller had sent e-mails offering to sell his property with his signature typed at the bottom “intentionally and
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 4
deliberately”, the judge found that a reasonable trier of fact could conclude that the e-mails sent by the seller regarding the terms of the sale of his property were “intended to be authenticated by the defendant’s deliberate choice to type his name at the conclusion of the e-mails”.
The judge also found that the e-mails contained all essential elements necessary for the sale of the property and that all of the writings related to the subject matter could be read together in order to satisfy the memorandum requirement of the Statute of Frauds
VII. Risk Reduction and Electronic Portfolio Management
a. Record keeping: understanding and planning a safe storage strategy for online communications such as email, efax and instant messaging related to transactional issues (254 CMR 3:00:10(b))
(10) Client Funds: (b) Record Keeping. Every broker shall keep a record of funds deposited in his/her escrow accounts, which records shall clearly indicate the date and from whom the broker received the money, date deposited along with the source of the money and check number, date of withdrawal with the name of the person receiving such withdrawal, and other pertinent information concerning the transaction and shall clearly show for whose account the money is deposited and to whom the money belongs. Every broker shall also keep a copy of each check deposited into and withdrawn from the escrow account for a period of three years from the date of issuance. All such funds and records shall be subject to inspection by the Board or its agents. b. Mechanism for providing all parties copies (buyer and seller) copies of purchase and sale agreement when using electronic communications mediums (87 AAA(e)) Also refer to Statute of Fraud – applicability of in-writing rule to electronic communications and documentation requirements for consumers (eg., ((940 CMR 3.17 (3)))
87AAA Grounds for revocation or suspension of license; (as it applies to this course)
87AAA (e) … (in brief) The board may suspend, revoke or refuse to renew any license, when the board has found as a fact that the licensee, in performing or attempting to perform any act authorized by his license, has …
(c) acted for more than one party to a transaction without the knowledge and consent of all the parties for whom he acts; (d) failed, within a reasonable time, to account for or remit any moneys belonging to others which have come into his possession as a broker or salesman; (f) accepted, given or charged any undisclosed commission, rebate or profit on expenditures for a principal; (g) induced any party to a contract or lease relating to real estate to break the same when such action is effected for the personal gain of the licensee; (h) commingled the money or other property of his principal with his own; (i) failed to give to both the buyer and seller a copy of the purchase and sale agreement;
c. Proving Receipt of all Documents: Using verified return receipt tools to document communication and disclosure to all parties d. Safe storage is critical in electronic communication. Remember the adage – “It is not if your computer will crash it is when!”
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 5
On-line / Off-Line storage Off Site storage Back ups, Zips, Flash, Second Drives, Service providers, etc. Creating an electronic paper trail is also a necessity.
e. MA DATA SECUITY LAW: WISP (Written Information Security Program) The Data Security Law, General Law 201 CMR 17.00, which requires all persons and businesses with personal information to adopt written policies for protection of information, goes into effect on March 1, 2010 for all businesses, big and small, that hold personal information. Technically, real estate brokers and agents who receive such personal information fall within its scope. (see WISP Regs at end of this document) f. Alternate methods for record keeping: Transaction management software can be used by individual agents, coordinators, brokers, multi-office organizations, or entire associations. In every case, it will help manage and track all of your transactions from start to finish from one convenient web-based interface. Example: www.Ziplogix.com
VIII. Understanding and managing "sharing of fees" when dealing with online services (intermediaries) (254 CMR 3:00(8))
a. Guidelines for agent participation (binding of broker to) online lead generation services b. Guidelines for accepting and offering referral fees in online marketing mediums c. Guidelines for internet based consumer mining in other license jurisdictions
(8) Sharing of Fees. No fee, commission or other valuable consideration shall be paid to or shared by an owner's managing agent or its employees as the result of the sale of real estate for the owner unless such agent and its employees are licensed brokers or salespersons, except as provided for in M.G.L.c. 112, § 87QQ. (any person who, acting for himself as owner, lessor, lessee, tenant or mortgagee)
87AAA Grounds for revocation or suspension of license; (as it applies to this Section)
(In brief) The board may suspend, revoke or refuse to renew any license, when the board has found as a fact that the licensee, in performing or attempting to perform any act authorized by his license, has …
(e) paid commissions or fees to or divided the same with any person, who, being required to be licensed as a broker or salesman in this or any other state, is not so licensed;
IX. Internet Navigation Guidelines
a. Navigating Board of Regulation site: for checking agent license status, complaints b. Reciprocity: locating reciprocal state regs using online board of registration sites c. Navigating MCAD web site for consumer information, disclosures, required forms
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d. Navigating EPA web site for state regulatory information, consumer education materials, forms, disclosures and emerging issues e. Navigating Massachusetts Department of housing and Community Development: i. Section 8 guidelines and information f. Navigating DEP/Title V for septic inspection and property transfer
X. Establishing a Company Internet and Email Policy
a. Content outline: how to develop and implement an internet section to your existing company policy; b. Monitoring: methods for monitoring agent compliance with company policy guidelines. What is the supervision limits (if any) for business email, computer use, website use, etc) c. Upholding state laws and independent contractor status d. Outlining record keeping & documentation e. Covering copyright and license to use photos, listing information. f. who is responsible for designing and maintaining the site; g. Allowed / not allowed use of company database (spamming and opt-in marketing); contests, h. Use of e-mail, websites, twitter, social networking, data security, blogs i. Use of company equipment (and expectations or lack thereof of privacy) j. Education: methods for educating agents on company policy regulations and compliance with requirements XI. Compliance with Fair Housing Laws and Consumer Protection Laws
a. Navigating Fair Housing Site b. Navigating Office of Consumer Affairs for landlord/tenant information (eg., (M.G.L. c. 151B §4)) c. Navigating Massachusetts Department of Health Childhood Lead Poisoning Programs; Locating online forms d. Navigating Home Inspectors Web Site; locating forms and "required facts for consumers about home inspectors"
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 7
Law & Policy: Do You Understand Online Copyright Law?
By Michael Thiel
The ability to cut and paste is all people need to violate copyright law. A graph on home sales cut from an online newspaper pasted into a member’s blog post— potential copyright violation. A photo of an elementary school cut from the town’s Web site and pasted into an MLS listing—potential copyright violation.
Managing the risk of operating Web sites that allow third parties to display content requires not only sound business skills but also knowledge of the special laws that govern the application of liability to the operators of such sites.
There are two laws at the federal level (in addition to your state laws), one related to liability for defamation (the Communications Decency Act or CDA) and one concerning liability for copyright infringement (the Digital Millennium Copyright Act or DMCA). Here we address how the latter affects your association and MLS Web site practices.
How to avoid liability
The DMCA allows the Web site operator to avoid liability for copyright infringements created by others who post content to the site. For example, association sites that offer blogs or other social media platforms on which members and others can contribute content can avoid liability for anything posted by visitors. Likewise, in the case of multiple listing service sites, the MLS operating the site can avoid copyright liability for photos provided by participants and subscribers.
Consider, for example, this scenario: A listing includes a photograph of community features (shopping mall, schools, etc.) near the property being offered for sale. The multiple listing service doesn’t know that the photos were not taken by the participant but instead were found on the Internet. A photographer then contacts the multiple listing service claiming ownership of the photographs and demands payment.
Qualifying for safe harbor
Unlike the CDA, which provides its protection based upon the role of the site operator as a passive Web site host who played no role in selecting the content, the DMCA is a safe harbor that requires the site meet certain conditions to receive the benefit of its protection.
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 8
There are five requirements to qualify for this safe harbor. The site operator (i) does not have actual knowledge of the infringing content; (ii) is not aware of facts or circumstances from which infringement is apparent; (iii) does not receive a financial benefit directly attributable to the infringing activity; (iv) acts expeditiously to remove the infringing content when notified; and (v) has provided a means for receiving notice of the infringing content.
If these conditions are met, the DMCA allows the Web site operators to avoid liability for copyright infringements when someone else has posted content to their site.
Don’t forget this essential step
The fifth requirement is the critical step not to overlook. Although your Web site may provide a means of contacting you, the operator, that is not sufficient to achieve the safe harbor protection. The DMCA requires that the site operator register the designated agent who is to receive notice from copyright owners of any alleged infringement. In a sort of “believe it or not” situation, the only way to actually register this designated agent for the Web site is to file a paper form that has to be mailed (not e-mailed) to the U.S. Copyright Office along with the required fee.
The information is then manually entered into a list maintained by the Copyright Office. Late last year the Copyright Office finally requested comment on a new rule that would convert to an electronic system to submit this information, but that system is not yet in place. Instructions for identifying a designated agent and a list of designated agents are found on the http://www.copyright.gov/onlinesp/
In addition to registering your designated agent, site operators will typically include the information on their designated agent in either the site’s terms of use or in a special section on copyright or legal terms. On the national association’s site, for example, the information is found in the terms of use, along with the information the claimant should provide when identifying the allegedly infringing content.
Sometimes avoiding the entanglements that can arise from litigation, even well-founded litigation, can be as simple as knowing your rights under the law. So here is another case of “what you don’t know can hurt you.”
Example of notice on Website:
Digital Millennium Copyright Act ("DMCA")
NAR respects the intellectual property rights of others and expects you to do the same. Per the DMCA, NAR will respond expeditiously to claims of copyright infringement on the Site if submitted to NAR's Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, NAR will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials.
If you believe that your intellectual property rights have been violated by NAR or by a third party who has uploaded materials to the Site, please provide the following information to NAR's designated Copyright Agent listed below:
a. A description of the copyrighted work or other intellectual property that you claim has been infringed;
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b. A description of where the material that you claim is infringing is located on the Site;
c. An address, telephone number, and e-mail address where NAR can contact you and, if different, an e- mail address where the alleged infringing party, if not NAR, can contact you;
d. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;
e. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf;
f. Your electronic or physical signature.
NAR may request additional information before removing any allegedly infringing material. In the event NAR removes the allegedly infringing materials, NAR will immediately notify the person responsible for posting such materials that NAR removed or disabled access to the materials. NAR may also provide the responsible person with your e-mail address so that the person may respond to your allegations.
NAR reserves the right to terminate, limit or suspend any user's access to the Site in the event of repeated infringing activity. If you believe that a user of this Site is a repeat infringer, please follow the above instructions to contact NAR's Copyright Agent. Please include sufficient information to assist NAR in determining that the user repeatedly engaged in infringing activity.
NAR registered a designated agent with the Copyright Office pursuant to 17 U.S.C. 512(c). NAR's designated Copyright Agent is:
Ralph W. Holmen NATIONAL ASSOCIATION OF REALTORS® 430 N. Michigan Avenue Chicago, Illinois 60611
United States 312-329-8375 [email protected] (link sends e-mail)
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 10
Social Media Sharing of Listings Posted by Sandy Carroll, CEO
Wait, before you hit “share” there are rules that govern sharing another agent’s listings on social media. Please note, you can share your OWN listings without limitation, and depending on your office policy, can typically share you office listings freely as well. Issues arise with sharing your competitor’s listings. When you enter a listing into the MLS in Berkshire County, the following applies:
1. Cooperating brokers have the right to print, email or share property listing data with PROSPECTIVE PURCHASERS that may be interested (MLS Rules) 2. If internet display is checked in the listing, other agents may include the listing in an IDX WEBSITE SEARCH, following very clear parameters of displaying the listing agent / agency name in a prominent location. (IDX Rules) 3. Cooperating Brokers can otherwise advertise or market a listing only WITH PERMISSION of the Listing Broker. (Code of Ethics)
Does your “share” fall into one of those three categories? Yes – Great! Share away. No? Investigate further before proceeding
Know your audience
Are you dealing with prospective purchasers? Since advertising property listing information without the consent or authorization of the listing broker is not allowed, and copyright law prohibits reproduction of copyright- protected works (like listing photos) without the permission the question becomes….
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 11
Is Facebook “advertising”? Is Linked-In? Is a blog post or email? A good rule of thumb:
• Advertising is between an agent and the public. In most cases, an agent has no control over who sees the information (unless a targeted ad). And if you’re paying to target an audience, the very nature of that makes it an ad. • Communication takes place between an individual or group of individuals and an agent. You know the people you are “speaking” to and your message is not open to anyone. When sharing a listing, you are able to limit that message to prospective purchasers who you believe would have interest in the message.
If you create a general blog post, Tweet, Linked-In update or Google+ post, the audience is not controlled by the agent and would be considered advertising. If you send a private Linked-In message or email to select individuals or groups, that’s communication. Facebook is more complicated. Brian Larson of Larson Skinner, a well know law firm the Berkshire MLS engages for highly technical issues, weighed in on the problem.
“Posting information on Facebook would likely be considered a type of advertising between a broker and the public. [BUT] Facebook has many levels of privacy settings [and Friend groups] that can limit the viewing audience. For example, if a broker posts a listing on her Facebook page, and that page is available to all Facebook users or to all of the broker’s Facebook friends, chances are she is advertising the listing.
“If on the other hand the page is available only to a small group of her friends, perhaps consisting of clients looking for real estate in the neighborhood in which the listing lies, she might just be delivering listing information in the context of a brokerage relationship.”
Let’s be real:
Listing agents really want to sell the property. They are not likely to withhold permission for you to share that new gem of a home with your network of prospects…. But, they worked hard for that listing, and anything that makes it appear as if YOU listed the property or doesn’t give credit to the source would be the main reason why your marketing “help” isn’t welcome. So, the most important test you can give a listing share is: Does it present a true picture? [Article 12 COE]
If you “share” the listing brokerage’s Facebook post and it retains all of their information on the post and links to THEIR page, that is fine. But, think about it. It is very rare that an agent would lead their circle of influence to competitor’s Facebook presence… but you can!
If you want to share property information for another agent’s listing that you develop, you should:
(1) get the listing broker’s permission
OR
(2) display only a link on your Facebook page back to the listing on your/your office IDX site that contains all proper attribution; AND display the post ONLY to your Facebook friends who are clients that are likely interested in the property in question.
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 12
Create a Social Media Usage Policy
The purpose of this document is to provide brokers with a template that may be used when developing a social media policy for the broker’s own firm. The template requires that it be customized to meet the needs of the broker and reflect the business practices of his/her business. The template is not a document which can be adopted and used without that customization.
As used in this policy REALTOR® shall refer to the principal broker or a broker standing in the shoes of the principal broker. Agent shall mean a licensed real estate agent employed by or affiliated with the REALTOR®. Users shall mean individuals visiting the social media sites of Agents. Social Media as used in this policy shall apply to both activities at the agent’s web sites (e.g., blogging) and use of third party social media tools (e.g., Facebook, Twitter, LinkedIn, etc.). Because there already exist hundreds of different Social Media tools which may be utilized by agents and more are constantly being created, the provisions of this policy are to be interpreted generally to apply to the types of interaction the agent has with the social media service rather than to specific web sites and providers. Notwithstanding anything in this policy, it remains the responsibility of the Agent to comply with the requirements of local, state and federal law and the Code of Ethics of the National Association of REALTORS®.
The scope of this policy shall extend to all uses of social media in connection with the real estate business (use in connection with the real estate business would include any use in which the agent seeks to promote or capture real estate business from consumers or other agents). This policy is not intended to cover the activities of Agents falling completely outside the real estate business; however any conduct which reflects adversely upon broker or the brokerage may be reviewed under the terms of this policy.
Whenever identification is required by this policy is shall include the following (include those that apply): a. Name/Logo of brokerage b. Name of broker c. Address of the brokerage office with which the agent is affiliated d. Phone/Fax/E-mail of the brokerage office e. Name of the agent responsible for the web site f. State of licensure g. Agents affiliated with a team may also include the name of that team h. Phone/Fax/E-mail of agent or team responsible for the web site i. Any other requirements mandated by state law/regulation j. Any additional brokerage identification requirements
Blogging
1. Agent shall be responsible for compliance with all laws and regulations governing real estate business including fair housing, antitrust and real estate license laws and regulations.
a. Where identification is required the same items of identification listed in the Internet policy shall apply or
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b. Where identification is required, at a minimum the following elements shall be disclosed (see list above to select)
2. The Agent shall be responsible for informing the REALTOR® (and obtaining approval) of any blogging site maintained by Agent and shall be provided with information necessary to subscribe to the blog
3. Terms of Use a. REALTOR® is responsible for establishing the process for governance of the blog by posting terms of use for the blog.
i. Agent shall use the terms of use of the brokerage for blogs; or ii. Agent shall create terms of use and allow them to be reviewed by broker prior to launch of the blog iii. Agent shall make the terms of use available to REALTOR® upon request. b. The terms of use shall include:
i. Users shall abide by any legal requirements related to the use of the blog and the site’s terms of use for the blog including specifically its privacy policy. Users shall be responsible for their conduct on site ii. Obtain clear authority from Users to utilize anything the User includes on the site iii. Prohibit the unauthorized use of third party content or the posting of any unlawful or objectionable materials iv. Prohibit the use of the site to harass or stalk anyone v. Prohibiting the posting of content which infringes on the rights of any third party vi. Prohibit the posting of content which expresses a preference based upon an individual’s membership in a protected class vii. Provide a take-down policy in the event any such materials are posted to the site viii. Disclaim responsibility for any third party sites linked to through the site ix. Generally disclaim and limit any liability arising from the content of the site whether provided by Agent or a User x. Provide a privacy policy consistent with that used by the brokerage
4. Agent shall not pay or provide anything of value to another party in consideration of comments placed on the blog. If Agent does allow comments to be posted in return for consideration, the fact that the commenter has received compensation shall be disclosed.
5. Identification a. Agents shall identify themselves when establishing a blog in such a way that Users of the blog shall know the Agent’s name, their status as a real estate licensee and the name of the brokerage with which they are affiliated. b. In any posting related to the brokerage, the Agent shall assure that the Agent’s relationship to the brokerage is clear so as to avoid violation of the FTC rules. c. Agents shall not participate in the blog of another party without disclosing their identity and the brokerage with which they are affiliated. 6. Responsibility for Maintenance a. All blogging must be monitored by agent for false / defamatory / demeaning / degrading comments at least
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once per ______b. Agent is responsible for removing or clarifying any comment if the agent knows that it is false or misleading 7. Agent is responsible for assuring that the content and operation of the blog conform to the standards established in the Code of Ethics 8. REALTOR® must be notified of any offer of compensation to the Agent for real estate related services communicated or established through the blog
Use of Third-Party Social Media Sites (Facebook, YouTube, Twitter, etc.)
There are hundreds of providers of social media services in which real estate agents may participate. The purpose of this policy is to provide guidelines intended to provide both agents and the brokerage with legal liability risk management and to protect the brokerage’s reputation and good will in the community. Like with blogging, the scope of this policy is intended to relate to use of social media in connection with the real estate business, but regardless of the social media service being used, when related to the real estate business the Agent should observe these guidelines.
Agents are required to read and be familiar with the policies and requirements of any site on which they participate and to comply with the requirements of that site. In particular, Agents should know the privacy practices and policies of the sites. Where options are provided, the Agent shall / may select an option which provides a level of protection to Users of Agent’s social media site consistent with the level of protection afforded by the brokerage at the brokerage’s web site.
Agents should remain aware that items posted on social media sites may be forwarded or used for purposes other than originally intended. Agents should be aware of this when making decisions as to what to include on their social media sites.
Posting of Professional Contacts/Qualifications (e.g., LinkedIn)
1. Agent is responsible for assuring that any listing of qualifications, credentials or training contained on the site is current, accurate and not misleading. Any changes to the foregoing shall be promptly revised on the site.
2. Agent shall not falsely claim association with any person or group
3. Notwithstanding any provision herein, Agent remains responsible for complying with the license laws and regulations governing the conduct of licensees and all applicable local, state and federal laws.
4. Agent is responsible for assuring that the content conforms to the standards established in the Code of Ethics
Posting of text (e.g., Facebook, MySpace, Twitter)
1. All text shall be the Agent’s own and not plagiarized or copied from another party without that party’s permission. This shall not prohibit the use of reasonable quotations from the writings of others or writing for which the Agent has received permission to use or using writings consistent with the practices of the site (e.g., retweeting). No content which infringes the rights of any third party may be used.
2. Agent may/may not write regarding the listings of other licensees within the brokerage
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3. Agent may /may not write regarding the listings of other brokerages
4. Agent shall assure that writings do not contain unauthorized disclosures of confidential information of clients, customers or REALTOR®
5. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent.
Posting of comments to social media pages of others
1. Any statement regarding the brokerage shall clearly disclose the Agent’s relationship to the brokerage
2. The Agent shall disclose his/her status as a real estate professional as a part of any real estate related statement
3. Agent may/may not accept compensation for placing a comment on a site
4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent.
Posting of photos (Flickr)
1. Agent is responsible for assuring that that Agent is authorized to use any photo posted to the site (to avoid copyright issues)
2. Agent shall secure permission to post for marketing purposes the image of another person on the site
3. If an image has been materially altered in any way by Agent, the fact that the image is altered shall be disclosed
4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics, local, state and federal laws and all applicable real estate license laws and regulations, including where necessary identifying Agent.
Posting of audio/video (YouTube)
1. Agent is responsible for assuring that that Agent is authorized to use any audio/video posted to the site (to avoid copyright issues)
2. Agent shall secure permission to post for marketing purposes the image of another person on the site
3. If an image has been altered in any way by Agent, the fact that the image is altered shall be disclosed
4. Agent is responsible for assuring that the use of the site is consistent with the Code of Ethics and all applicable real estate license laws and regulations, including where necessary identifying Agent
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 16 Business E-mail Compromise
~Be Prepared~
How and When to Report the Matter to the Federal Bureau of Investigation
The CFO of a U.S. company received an e-mail from her CEO while the CEO was on vacation out of the country. The CEO requested a transfer of funds for a time-sensitive payment that required discretion. The CFO followed the instructions and wired $250,000 to a bank in Hong Kong. The next day, the CEO called about another matter. The CFO mentioned she had completed the wire the day before, but the CEO said he never sent the e- mail and knew nothing about the transaction. The company was the victim of a Business E-mail Compromise (BEC).
BEC is a type of sophisticated financial fraud targeting businesses of all types and sizes. BECs are carried out by compromising legitimate business e-mail accounts through social engineering or computer intrusions to conduct unauthorized transfers of funds.
Common Variations Common Targets
Hacked accounts via spear phishing Free web based e-mail users Spoofed accounts made to look similar to Bookkeepers, accountants, controllers authentic accounts ([email protected] vs Title companies and attorneys in the midst of [email protected]) a real estate transaction Spoofed accounts with slight variations in
domains ([email protected] vs [email protected]) Spoofed accounts mimicking the real account
until one reviews the extended header or hovers a curser over the e-mail address
Statistics
The Internet Crime Complaint Center (IC3) has seen a 270% increase in identified victims and exposed loss since January 2015. The scam was reported in all 50 states and in 79 countries. Fraudulent transfers were sent to 72 countries; however, the majority went to banks in China and Hong Kong. Over 8,000 victim complaints totaling almost $800 million were reported to the IC3 from October 2013 to August 2015.
Suggestions for Protection
Employee awareness/education on how to identify the scam before sending payments to the fraudsters. Verify wire transfer requests and changes to vendor bank accounts with two-factor authentication such as a secondary sign-off and/or using voice verification over known phone numbers. Create intrusion detection system rules that flag e-mails with extensions similar to company e-mail or differentiate between internal and external emails. Be wary of free, web-based e-mail accounts, which are more susceptible to being hacked. Be careful when posting financial and personnel information to social media and company websites Regarding wire transfer payments, be suspicious of requests for secrecy or pressure to take action quickly. Register domains that are slightly different than your actual domain. Know the habits of your customers, including the details of, reasons behind, and typical payment amounts. Scrutinize all e-mail requests for transfers of funds. Boston Field Office November 2015
What to do if you are a victim
Request your financial institution issue a “SWIFT recall” and file a Suspicious Activity Report or “SAR.” For domestic transfers, also request your financial institution send a “hold harmless” letter to the beneficiary bank.
Experience has shown that after three days, funds have likely been transferred out of the beneficiary account. This is not always the case and the FBI may still be able to pursue a criminal prosecution.
Depending on how long ago you sent the money, incidents in Rhode Island, Massachusetts, New Hampshire and Maine should be reported as follows:
Funds wired within last 3 days?
If the amount was approximately $50,000 or If the amount was significantly less than more: Immediately report the incident to the FBI’s $50,000: Report the matter to the FBI via the Boston office at 617-742-5533. Provide the following Internet Crimes Complaint Center (IC3) at information: www.ic3.gov. You may also want to consider notifying local law enforcement. Summary of the incident Victim name Victim location (City, State) Victim bank name Victim account number Beneficiary name Beneficiary account number
Beneficiary bank location Intermediary bank name SWIFT/IBAN number Date of transaction . Amount of transaction
Request the duty agent contact the supervisor of the Economic Crimes Squad immediately. Funds wired more than 3 days ago?
If the amount was approximately $50,000 or If the amount was significantly less than more: Immediately report the incident to the $50,000: Report the matter to the FBI via the IC3 FBI’s Boston office at 617-742-5533 and the IC3 at at www.ic3.gov. You may also want to consider www.ic3.gov. notifying local law enforcement.
For additional information on Business Email Compromises, go to www.ic3.gov. Specific public service announcements on this scam include:
Alert Number I-082715a-PSA dated 8/272015 (http://www.ic3.gov/media/2015/150827-1.aspx) Alert Number I-082715b-PSA dated 8/272015 (http://www.ic3.gov/media/2015/150827-2.aspx) Alert Number I-012215-PSA dated 1/22/2015 (http://www.ic3.gov/media/2015/150122.aspx)
Boston Field Office November 2015
COMMONWEALTH OF MASSACHUSETTS OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION 10 Park Plaza – Suite 5170, Boston MA 02116 (617) 973-8700 FAX (617) 973-8799 www.mass.gov/consumer
DEVAL L. PATRICK GREGORY BIALECKI GOVERNOR SECRETARY OF HOUSING AND ECONOMIC DEVELOPMENT TIMOTHY P. MURRAY LIEUTENANT GOVERNOR BARBARA ANTHONY UNDERSECRETARY
A Small Business Guide: Formulating A Comprehensive Written Information Security Program
While the contents of any comprehensive written information security program required by 201 CMR 17.00 must always satisfy the detailed provisions of those regulations; and while the development of each individual program will take into account (i) the size, scope and type of business of the person obligated to safeguard the personal information under such comprehensive information security program, (ii) the amount of resources available to such person, (iii) the amount of stored data, and (iv) the need for security and confidentiality of both consumer and employee information, the Office of Consumer Affairs and Business Regulation is issuing this guide to help small businesses in their compliance efforts. This Guide is not a substitute for compliance with 201 CMR 17.00. It is simply a tool designed to aid in the development of a written information security program for a small business, including the self employed, that handles “personal information.”
Having in mind that wherever there is a conflict found between this guide and the provisions of 201 CMR 17.00, it is the latter that will govern. We set out below this “guide” to devising a security program (references below to “we” and “our” are references to the small business to whom the real WISP will relate):
COMPREHENSIVE WRITTEN INFORMATION SECURITY PROGRAM
I. OBJECTIVE:
Our objective, in the development and implementation of this comprehensive written information security program (“WISP”), is to create effective administrative, technical and physical safeguards for the protection of personal information of residents of the Commonwealth of Massachusetts, and to comply with obligations under 201 CMR 17.00. The WISP sets forth our procedure for evaluating our electronic and physical methods of accessing, collecting, storing, using, transmitting, and protecting personal information of residents of the Commonwealth of Massachusetts. For purposes of this WISP, “personal information” means a Massachusetts resident's first name and last name or first initial and last name in combination with any one or more of the following data elements that relate to such resident: (a) Social Security number; (b) driver's license number or state-issued identification card number; or (c)
financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number or password, that would permit access to a resident’s financial account; provided, however, that “personal information” shall not include information that is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public.
II. PURPOSE:
The purpose of the WISP is to:
(a) Ensure the security and confidentiality of personal information;
(b) Protect against any anticipated threats or hazards to the security or integrity of such information
(c) Protect against unauthorized access to or use of such information in a manner that creates a substantial risk of identity theft or fraud.
III. SCOPE:
In formulating and implementing the WISP, (1) identify reasonably foreseeable internal and external risks to the security, confidentiality, and/or integrity of any electronic, paper or other records containing personal information; (2) assess the likelihood and potential damage of these threats, taking into consideration the sensitivity of the personal information; (3) evaluate the sufficiency of existing policies, procedures, customer information systems, and other safeguards in place to control risks; (4) design and implement a WISP that puts safeguards in place to minimize those risks, consistent with the requirements of 201 CMR 17.00; and (5) regularly monitor the effectiveness of those safeguards:
IV. DATA SECURITY COORDINATOR:
We have designated ______to implement, supervise and maintain the WISP. That designated employee (the “Data Security Coordinator”) will be responsible for: a. Initial implementation of the WISP; b. Training employees; c. Regular testing of the WISP’s safeguards; d. Evaluating the ability of each of our third party service providers to implement and maintain appropriate security measures for the personal information to which we have permitted them access, consistent with 201 CMR 17.00; and requiring such third party service providers by contract to implement and maintain appropriate security measures. e. Reviewing the scope of the security measures in the WISP at least annually, or whenever there is a material change in our business practices that may implicate the security or integrity of records containing personal information. f. Conducting an annual training session for all owners, managers, employees and independent
contractors, including temporary and contract employees who have access to personal information on the elements of the WISP. All attendees at such training sessions are required to certify their attendance at the training, and their familiarity with the firm’s requirements for ensuring the protection of personal information.
V. INTERNAL RISKS:
To combat internal risks to the security, confidentiality, and/or integrity of any electronic, paper or other records containing personal information, and evaluating and improving, where necessary, the effectiveness of the current safeguards for limiting such risks, the following measures are mandatory and are effective immediately. To the extent that any of these measures require a phase-in period, such phase-in must be completed on or before March 1, 2010:
Internal Threats
A copy of the WISP must be distributed to each employee who shall, upon receipt of the WISP, acknowledge in writing that he/she has received a copy of the WISP. There must be immediate retraining of employees on the detailed provisions of the WISP. Employment contracts must be amended immediately to require all employees to comply with the provisions of the WISP, and to prohibit any nonconforming use of personal information during or after employment; with mandatory disciplinary action to be taken for violation of security provisions of the WISP (The nature of the disciplinary measures may depend on a number of factors including the nature of the violation and the nature of the personal information affected by the violation). The amount of personal information collected should be limited to that amount reasonably necessary to accomplish our legitimate business purposes, or necessary to us to comply with other state or federal regulations. Access to records containing personal information shall be limited to those persons who are reasonably required to know such information in order to accomplish your legitimate business purpose or to enable us comply with other state or federal regulations. Electronic access to user identification after multiple unsuccessful attempts to gain access must be blocked. All security measures shall be reviewed at least annually, or whenever there is a material change in our business practices that may reasonably implicate the security or integrity of records containing personal information. The Data Security Coordinator shall be responsible for this review and shall fully apprise management of the results of that review and any recommendations for improved security arising out of that review.
Terminated employees must return all records containing personal information, in any form, that may at the time of such termination be in the former employee’s possession (including all such information stored on laptops or other portable devices or media, and in files, records, work papers, etc.) A terminated employee’s physical and electronic access to personal information must be immediately blocked. Such terminated employee shall be required to surrender all keys, IDs or access codes or badges, business cards, and the like, that permit access to the firm’s premises or information. Moreover, such terminated employee’s remote electronic access to personal information must be disabled; his/her voicemail access, e-mail access, internet access, and passwords must be invalidated. The Data Security Coordinator shall maintain a highly secured master list of all lock combinations, passwords and keys. Current employees’ user ID’s and passwords must be changed periodically. Access to personal information shall be restricted to active users and active user accounts only. Employees are encouraged to report any suspicious or unauthorized use of customer information. Whenever there is an incident that requires notification under M.G.L. c. 93H, §3, there shall be an immediate mandatory post-incident review of events and actions taken, if any, with a view to determining whether any changes in our security practices are required to improve the security of personal information for which we are responsible. Employees are prohibited from keeping open files containing personal information on their desks when they are not at their desks. At the end of the work day, all files and other records containing personal information must be secured in a manner that is consistent with the WISP’s rules for protecting the security of personal information. Each department shall develop rules (bearing in mind the business needs of that department) that ensure that reasonable restrictions upon physical access to records containing personal information are in place, including a written procedure that sets forth the manner in which physical access to such records in that department is to be restricted; and each department must store such records and data in locked facilities, secure storage areas or locked containers. Access to electronically stored personal information shall be electronically limited to those employees having a unique log-in ID; and re-log-in shall be required when a computer has been inactive for more than a few minutes. Visitors’ access must be restricted to one entry point for each building in which personal information is stored, and visitors shall be required to present a photo ID, sign-in and wear a plainly visible “GUEST” badge or tag. Visitors shall not be permitted to visit unescorted any area within our premises that contains personal information. Paper or electronic records (including records stored on hard drives or other electronic media) containing personal information shall be disposed of only in a manner that complies with M.G.L. c. 93I.
VI. EXTERNAL RISKS
To combat external risks to the security, confidentiality, and/or integrity of any electronic, paper or other records containing personal information, and evaluating and improving, where necessary, the effectiveness of the current safeguards for limiting such risks, the following measures must be completed on or before March 1, 2010:
External Threats
There must be reasonably up-to-date firewall protection and operating system security patches, reasonably designed to maintain the integrity of the personal information, installed on all systems processing personal information. There must be reasonably up-to-date versions of system security agent software which must include malware protection and reasonably up-to-date patches and virus definitions, installed on all systems processing personal information. To the extent technically feasible, all personal information stored on laptops or other portable devices must be encrypted, as must all records and files transmitted across public networks or wirelessly, to the extent technically feasible. Encryption here means the transformation of data into a form in which meaning cannot be assigned without the use of a confidential process or key, unless further defined by regulation by the Office of Consumer Affairs and Business Regulation. All computer systems must be monitored for unauthorized use of or access to personal information. There must be secure user authentication protocols in place, including: (1) protocols for control of user IDs and other identifiers; (2) a reasonably secure method of assigning and selecting passwords, or use of unique identifier technologies, such as biometrics or token devices; (3) control of data security passwords to ensure that such passwords are kept in a location.
CAN-SPAM Act
1. Understand commercial versus transactional e-mail. CAN- SPAM generally pertains to commercial e-mail messages, which the law broadly defines as e-mail messages whose primary purpose is the “commercial advertisement or promotion of a commercial product or service.” Many e-mail messages from real estate agents can potentially fall within this broad definition, but there’s one big exception: transactional e-mail. Most CAN-SPAM rules do not apply to transactional or relationship messages, including e-mail that primarily facilitates or completes a commercial transaction that you are already engaged in with your client.
2. Never send e-mail blasts from a computer you’re not authorized to use or an e-mail address that doesn’t belong to you or your company. Many spammers hide their identities by using external computers to relay their messages and falsified address headers mask their e-mails’ origin. CAN-SPAM has other prohibitions against deceptive acts involving e-mail blasts. These e-mail blast rules kick in at relatively low volumes: 101 messages per day, 1,001 messages per month, or 10,001 messages per year.
3. Don’t use a misleading subject heading. If your message concerns a new area code, the subject line should say something along the lines of “New Area Code” or “Area Code Change,” not “This is for you” or “Doe Realty is tops in sales.” In other words, the subject line and text should match. This rule applies to both commercial and transactional messages.
4. If you’re promoting your services, you must say so. Unsolicited commercial e-mail must provide “clear and conspicuous identification that the message is an advertisement or solicitation,” says the law. The best way to accomplish this is by placing a line at the top of the message stating your business’s name and the fact that the e-mail aims to help people find homes, locate financing, or whatever other service or services you’re providing. This rule does not apply if someone gives you “affirmative consent” or direct consent to receive your e-mail.
5. Allow your reply address to serve as an “unsubscribe” function. The law says commercial e-mails must include a mechanism that allows recipients to unsubscribe from future mailings; compliance with this request must occur within 10 business days. The simplest way to meet this requirement is to include a line at the bottom of your message that states readers can unsubscribe by replying to the message.
6. Centralize your lead/contact database. This will not only prevent you from sending duplicate e-mail, but also ensures that people who unsubscribe from your e-mailings don’t receive messages generated by another database.
7. List your company’s street address at the end of the e-mail. Because the law specifies a “physical postal address,” don’t use a post office box or a descriptive name like “DoeGlobal Center.” A “virtual address” supplied by a commercial mailbox service provider is acceptable, however.
A violation of the CAN-SPAM Act can result in, among other things, monetary fines of $250 for each unlawful e- mail sent, up to $2 million (more for aggravating violations), and even a prison sentence. Those monetary fines can quickly add up if, for example, Mary sent her seemingly innocuous bulk e-mail to a lot of people.
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 17
10 Simple Tips to Secure Your Email Account by Justin Stravarius
It’s tough to get people to pay attention and be serious about their online identity. An Email account is the first and primary component of your online identity and yet it’s the one that is left unguarded the most. Email accounts may be virtual but once hacked, the consequences and damages are very real.
The problem with a hacked email account is the domino effect. All registrations, purchases, renewals, transactions, password reminders etc. are sent to your email inbox. So once the first domino falls, the entire setup falls apart in one fell swoop. After the jump, we’ve rounded up a few tips that can help you secure your email accounts of popular webmail services.
Use a Strong Password
Strong Password
Yes, I know this is what every other tech blogger says every single time. But that has never made people any wiser. Even hackers feel insulted when they come across passwords like “sweetlove123”, “pass@123” and the like. Google is the best when it comes to putting real effort into securing your email account proactively. You can use special characters, numbers, upper and lower case alphabets of almost any length. My Gmail password is between 60 to 80 characters long and my general rule of thumb is to have a password that only the NSA can hack.
Use a reliable Secondary Email Address
Absolutely no Hotmail accounts for secondary fallback email account people. They still have their stone age era email account expiry plan after certain number days of non usage. So if the secondary email address is Hotmail and is expired, anyone create it back again to receive password reset information. And since webmail providers have this peculiar habit of giving all kinds of hints to remind you of the email address where the password recovery link has been sent, use an uncommon, custom domain or corporate email address that is hard to guess and hack into.
Setup SMS Alerts
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 20
SMS Alerts
Go to your account settings and add your mobile number to receive SMS alerts. Once that’s set up, Google will send you the password reset code whenever somebody tries to reset your password. Alternatively, if you are a smartphone user, you can rely on these SMS alerts and disable password recovery via email altogether. Email accounts are always vulnerable to a hacker from a remote place but your mobile phone is not. Yahoo provides the same feature free too. Hotmail has a similar feature but is not supported in a lot of countries.
Be sensible with your security question
Ok. There’s absolutely no point in having the security question, “My favorite doggy”, and posting pics of you and your poodle with images titled “Rolling with Rosy” on Facebook and Twitter. A lot of personal information is available online, thanks to social networks. On being the weakest links in the email security chain, security questions rank ahead of weak passwords. It’s nice to be an open book but select a question from those stapled pages and blacked out lines.
Check Filters and Forwarding Addresses
In the event of a hack and after reclaiming the account, go through the existing filters to check if there are some sneaky filters set up that forward all your credit card, login info, bank account and other sensitive correspondence to an email address that is not yours. Go to the forwarding page and see that all your incoming mails are not forwarded to the hacker either. This helps you avoid getting hacked in the future too.
Avoid Public WiFi
Happy to have discovered an unsecured WiFi hotspot? Or mooching your neighbour’s spilt WiFi? Enjoying the free WiFi of the coffee shop round the corner? Good for you and so is for the hacker sitting nearby to sniff the packets right out of thin air. Avoid using public WiFi for accessing email or transacting online with a credit card. Casual browsing and YouTube watching (without logging in) are Ok. Accessing emails is a big no, no.
Do not share your login information
Another obvious fact. But at times, it’s necessary for small businesses and online entrepreneurs to share login information with colleagues. For example, accessing Google AdSense, Analytics or Microsoft Live services etc. The ideal solution is to create a dedicated account for accessing these services instead of linking everything to your personal email id and sharing it.
Login regularly
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 21
Even if a hacker gets hold of the answer to your security question, they cannot use it immediately to reset the password and break into your Gmail account. Password reset with security question is possible only after 24 hours of your account being inactive after receiving the password reset instructions. So for once, checking your mail regularly is a good thing. Also, it will help reset the Hotmail account’s expiry date. Unfortunately Hotmail and Yahoo do not have this useful restriction in place.
Special Features
Gmail
Enable HTTPS by default from your account settings. This helps from the password getting sniffed when transmitted over public WiFi hot spots. If you are a Google Apps user, enable pre release features to avail the upcoming two factor authentication system before it launches.
Hotmail
Use the Windows Live Essentials package and verify the computer you are using as reliable. “Trusted PC” is a unique new proof that lets you link your Hotmail account with one or more of your personal computers. Then, if you ever need to regain control of your account by resetting your password, you simply have to use the trusted computer and Hotmail will know you are the legitimate owner. It’s a great feature for those who are really paranoid about email security.
Yahoo
Sign In Seal
Make use of the sign in seal option to verify the computer. Sign in seal is basically an image or color that Yahoo displays for each of your computers adding another layer of security to the login process.
Avoid Webmail
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 22
Real Estate Related Industry Websites
WWW.BERKSHIREREALTORS.NET
Official Websites:
Massachusetts Department of Environmental Protection http://www.mass.gov/dep Massachusetts Housing and Community Development http://www.mass.gov/dhcd Massachusetts – Official Site http://www.mass.gov Massachusetts Board of Registration of Home Inspectors http://www.mass.gov/dpl/boards/hi Massachusetts Board of Registration of Real Estate Brokers http://www.mass.gov/dpl/boards/re/ Massachusetts Commission on Discrimination http://www.mass.gov/mcad/ Massachusetts Consumer Protection Website http://www.mass.gov/ago/bureaus/public-protection- and-advocacy/the-consumer-protection-division/ Massachusetts Department of Public Health http://www.mass.gov/dph Massachusetts Lead Poisoning Prevention Program http://www.mass.gov/dph/clppp Environmental Protection Agency EPA http://www.epa.gov/ Fair Housing / Housing & Urban Development (HUD) http://www.hud.com
Official Berkshire Websites:
Berkshire Regional Planning Commission http://www.berkshireplanning.org/ Berkshire Visitors Bureau http://www.mass.gov/dph/clppp Land Record Search from Registry of Deeds http://www.masslandrecords.com/ Berkshire County Community Traffic Safety Program http://www.berkshire.net/traffic.safety Registry of Deeds http://www.sec.state.ma.us/rod Dept. of Environmental Protection Western Region http://www.mass.gov/dep/wero/werohome.htm Regional Centers for Healthy Communities http://www.mass.gov/dph/ohc/reghealthcenters.htm Regional Hazardous Materials Response Locations http://www.state.ma.us/dfs/er/hazmat/distmap.htm Berkshire Registry of Deeds http://www.sec.state.ma.us/rod State Police Troop http://www.mass.gov/msp/troopb.htm
REALTOR® Association Websites:
Berkshire REALTORS® Member Website: http://www.BerkshireREALTORS.net Berkshire REALTORS® Public Website: http://www.AtHomeInTheBerkshries.com Massachusetts Association of REALTORS®: http://www.MARealtors.com National Association of REALTORS® Member Website: www.Realtor.org or www.Realtor.com
Property & Mapping Services
Realtor Property Resource ...... www.narrpr.com Munimapper ...... http://tiny.cc/munimapper Mass Land Records ...... www.masslandrecords.com/
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 18
Mass GIS ...... http://maps.massgis.state.ma.us/map_ol/oliver.php Flood Determination ...... https://msc.fema.gov/portal/search
Social Media Sites
[dot] REALTOR Domain ...... www.about.REALTOR CLAIM YOUR .REALTOR DOMAIN ...... www.Claim.REALTOR FACEBOOK ...... www.Facebook.com LINKEDIN ...... www.LinkedIn.com TWITTER ...... www.Twitter.com PINTEREST ...... www.Pinterest.com GOOGLE+ ...... www.Plus.Google.com YOUTUBE ...... www.YouTube.com FEEDBURNER (RSS FEEDS) ...... www.feedburner.com WORDPRESS ...... www.WordPress.org www.WordPress.com HOUSELOGIC REALTOR® CONTENT ...... www.houselogic.com/members GOOGLE ALERTS ...... www.google.com/alerts BIT.LY http://bit.ly/ OR BUD URL ...... www.budurl.com FOURSQUARE ...... www.foursquare.com PICASA ...... http://picasa.google.com FLICKR ...... www.flickr.com Instagram ...... www.Instagram.com
FIELD GUIDE TO SOCIAL NETWORKING FOR REALTORS® www.Realtor.org/field-guides
Phone: (413) 442-8049 | 99 West St, Suite 200, Pittsfield, MA 01201 | BerkshireRealtors.com | BerkshireRealtors.org |Pg 19
Quick Reference Guide
Backupify Backup solution for cloud-based data backupify.com Dropbox File synchronization, collaboration and storage dropbox.com CrashPlan Free backup system for peer-to-peer connections crashplan.com Picasa Photo organizing, editing and sharing software picasa.google.com Shutterfly Online photo management with family-friendly protection shutterfly.com AVG Free Windows-based anti-virus and spyware software free.avg.com How Secure Is My Password Password security checker howsecureismypassword.net iAntivirus Free antivirus app for Mac iantivirus.com LastPass Password manager with mobile apps lastpass.com Mailinator Disposable email service with on-the-fly inbox creation mailinator.com PasswordCard Printable and app-based password manager passwordcard.org Spybot - Search and Destroy Adware, malware and spyware scanner for Windows safer-networking.org ComputerSecurity &Backup YubiKey USB device for password management yubico.com Adobe Reader XI PDF reader with annotation and signing adobe.com/products/reader easyPDF Cloud Online PDF tool with easy interface easypdfcloud.com eFax Free Free outgoing fax number efax.com/efax-free FaxZero Free outgoing faxes with ad on cover page faxzero.com Google Docs Free online office suite docs.google.com Google Voice Phone service to organize and manage incoming calls google.com/voice NewOCR Online OCR service with layout analysis options newocr.com
Office Software Office PDF Expert PDF app for iOS devices readdle.com Zamzar Convert any file to any format zamzar.com
Checkthis Online poster builder checkthis.com Down for Everyone or Just Me Site that checks to see if a site is up downforeveryoneorjustme.com Google Analytics Website analytics tool google.com/analytics WordPress Website and blog builder wordpress.com Website Zopim Live chat service zopim.com Basecamp Online project management system basecamp.com
Cozi Family Organizer Family-friendly calendar and task manager cozi.com Evernote Notetaking and information organizing system evernote.com Google Calendar Web-based calendar with import and export capabilities google.com/calendar Podio Work management system podio.com Redbooth Team-based tasks and project management redbooth.com Organization Wunderlist Task management tool wunderlist.com Chrome Remote Desktop Remote access tool for Chrome browser and PCs Chrome Store Flipboard Content aggregation and delivery app flipboard.com Gmail Email service that gives you access from anywhere gmail.com
Google Voice search Voice recognition feature for searching Google google.com IFTTT Free multi-application automator for cloud services ifttt.com Jing Screencapture tool techsmith.com/jing
Efficiency Mailbox Inbox Zero helper for Gmail and iOS mailboxapp.com Skitch Screenshot tool for desktop and mobile devices evernote.com/skitch Splashtop Remote access tool designed for mobile devices splashtop.com TalkTo Site and apps that facilitate contact with any company talkto.com BrandYourself Reputation manager for online presence brandyourself.com Bubbl.us Online mind-mapping tool bubbl.us Fitbit Smartphone app that monitors activity fitbit.com Google Alerts Google tool for keyword email alerts google.com/alerts
Personal re.vu Resume pages and sites re.vu Readability Browser plugin and app that strips clutter from sites readability.com Your Nerdy Best Friend
CamCard Mobile business card reader and organizer camcard.com
Contxts SMS business cards contxts.com GrooveBook Photo album app that lets you print real photo books for $3/month groovebook.com MailChimp Do-it-yourself email newsletter service mailchimp.com Nimble Social media-based CRM nimble.com Paperless Post Animated online cards and invitations paperlesspost.com Postagram Service that generates and sends postcards postagramapp.com Relationships Salesforce CRM for small-to-medium businesses and associations salesforce.com timetonote Web-based CRM and project management for groups timetonote.com 123RF Low-priced royalty-free image site 123rf.com animoto Instant video from pictures, videos and text animoto.com Audacity Downloadable, open-source audio editor audacity.sourceforge.net ColorZilla Color tool for Chrome and Firefox colorzilla.com dafont Archive of free downloadable fonts dafont.com GraphicRiver Low-priced professional print and digital templates graphicriver.net Identifont Online wizard to identify typefaces identifont.com WhatTheFont! Online tool and iOS app to identify fonts myfonts.com/WhatTheFont/
Graphics Piktochart Free and bargain infographic generation piktochart.com Graphic Generators Collection of resources for quick graphics pinterest.com/askbethz Pixlr Free online Photoshop competitor pixlr.com PowToon Super cool animated video and presentation tool powtoon.com Tagxedo Word cloud generator site tagxedo.com Wordmark.it Online previews of the fonts on your computer wordmark.it
AnyMeeting Screensharing and webinar tool anymeeting.com Brown Paper Tickets Online event management tool with free ticket shipping brownpapertickets.com Eventbrite Online event management tool eventbrite.com Google Forms Free forms and surveys connected to Google spreadsheets forms.google.com Google+ Hangouts Videoconferencing and live broadcast tool google.com/hangouts Issuu Online magazine/catalog creator issuu.com Minutes.io Meeting-management tool minutes.io Poll Everywhere Real-time audience response system and polling tool polleverywhere.com Polldaddy Online polling site and app polldaddy.com Reflector Download that mirrors iOS device on Mac or PC reflectorapp.com ScheduleOnce Meeting-scheduling site scheduleonce.com SignUpGenius Volunteer organization and sign-up sheets signupgenius.com Speek Free conference call service for up to 10 speek.com Ustream Live streaming service with extensive audience ustream.tv Presentations, Surveys, Meetings Surveys, Presentations, Vyew Online meeting rooms for real-time collaboration vyew.com GateGuru Mobile airport guide gateguru.com SeatGuru Airplane seat guide seatguru.com TaxiFareFinder Taxi fare estimation tool taxifarefinder.com
Travel TripIt Travel itinerary organizer tripit.com Waze Community-driven navigation app waze.com
Fancy Hands Virtual assistants for small tasks starting at $5 per request fancyhands.com Fiverr Freelance community for $5 projects fiverr.com Help LogoMyWay Crowdsourced logo designs logomyway.com Mint Free budgeting and expense management tool mint.com OneReceipt Electronic receipt management for iOS and online onereceipt.com RetailMeNot Online coupon site retailmenot.com Shoeboxed Digital and hard-copy expense manager shoeboxed.com
FINANCIAL Square Mobile payment system for consumers and businesses squareup.com Wave Accounting Free online accounting system waveaccounting.com
About Beth Ziesenis: Your Nerdy Best Friend Wouldn't it be great to have a BFF who says, "Yeah, I know an app for that"? Beth Ziesenis is there for you with advice on the best free and bargain tech tools to improve productivity and simplify your life... without breaking the bank.
YourNerdyBestFriend.com | [email protected] | 619 231 9225
Technology & Real Estate Brokerage BY SANDY CARROLL, CEO I am the Lorax and I speak for the trees For an immediate link to a PDF of the powerpoint shown today plus handouts.
Text TechHandouts to phone number 41411 Notes and Materials
http://tiny.cc/sandytech Class is a Conversation – Jot down things you’d like to do You can’t do it all! How does it make your business better?
Does it save you time? Does it save/earn you more money? Does it elevates your brand? Does it serve your clients? Do you have to master new skills yourself? Is training / learning this new technology worth it to your personal value? Is this value worth more than the cost to outsource it? Website Requirements Disclosure Required
Broker Name: License Law Firm Name: Code of Ethics City/Town of Office: ARELLO State of Licensure: Code of Ethics PLUS Proper Display of:
Privacy Policy True Picture Test IDX Listing Agent Name: MLS Rules Fair Housing: Logo / Link to HUD Copyright Notice Broker Oversight Required Other Website Tips
SEO Responsive Design IDX Engagement 3 Selling Features
Create a story to craft when listing
Ask your seller what they love about living there. Video
96% of consumers find videos helpful when making purchase decisions online But they hate slideshows of the same listing photos set to music and labeled as a video. > 4 minutes Start with you Add to Youtube Video
Animoto, iMovie or…. FIVRR
$30 a month for 5 tasks Drones: Legal??
03/15: FAA requires Certificate of Waiver or Authorization (COA) for use of drones <200 feet for commercial use. 12/15: Hobbyist must register with FAA Criminal fines for non-compliance http://www.realtor.org/drones Can you Share listings online? Can you change or Add information to another agents listing when it displays on your website in an IDX feed? Debate & Discuss
Does your brokerage have a social media policy? Does it dictate how you act online? Should it? Facebook: Are your personal comments on Social Media Protected Speech? Agency Disclosure
first personal meeting to discuss a specific property
BUT… Copyright of Photos & Text
DIGITAL MILLENNIUM COPYRIGHT ACT Who owns the…
property photo? Test listing data? Listing / buyer agreement? MLS database?
And who has the right to use them? Who owns what? Creator of original work unless in the course of employment or work for hire with agreement or assigned / granted to another party
Entity assigned copyright Entity can be granted right to use Entity can be granted right of derivative work DMCA Procedural Requirements
1. Designate a Copyright Agent, submit to copyright office
2. Has means of receiving notice of the infringing content
3. Implement• a termination policy for repeat infringers
4. No knowledge of infringing activity
5. No direct financial benefit from infringement
6. Comply with take-down procedures www.copyright.gov for model forms for designating a copyright agent ADA Compliance And the Web What is accessibly?
Removing barriers that prevent interaction with, or access to websites, by people with disabilities. To ensure all users have equal access to information and functionality. Accessibility of your Website
10 brokerages received letter. NAR Seeking Assistance from DOJ for corrective periods Include text on site letting visitors know that if they are not experiencing the website properly, to contact ____ for assistance. Scan Website for Possible Issues How to Remove Barriers?
Provide people who cannot hear audio or see video need alternatives. Functionality is available from a keyboard or voice commands, not just mouse Users have enough time to read and use the content Content is compatible with assistive technologies, http://wave.webaim.org for website check for ADA compliance
SPAM, SCAMS, WISP and Zip CAN SPAM Act Disclosure in E-Mail
Auto-signature
Always There CAN SPAM
Applies to Commercial e-mail Don’t use a misleading subject heading If promoting a service, say so. “Unsubscribe” function Avoid duplicate e-mail List your company’s street address at the end of the e-mail Disclosures in Other Forms
Text Messaging If the written disclosures were provided via Chat Sessions (IM) another format VON / Skype (e.g., e-mail or letter) prior to providing, or offering to provide, licensable services. Can online communication be considered a contract in writing?
Shattuck v. Klotzbach, Plymouth Superior Court, Civil Action 01-1109A Mass WISP Data Security Laws Mass Data Security Law
Yes this means you. File with First name and last name with any of the following: Social Security #
Drivers License # What’s on a HUD? What’s in the file? Account # (including cc) WISP Provisions
Written Policy Given to All Termination of IC Status Firewalls and antivirus Encrypting data Passcodes and security What to do if a breach occurs Among other things SCAMS & the FBI
EMAIL HACKING BROUGHT TO NEW LEVELS Secure your email / Computer!
Long, hard Passwords that you DON’T Reuse Secure e-mail Servers Business Domain Names Firewall (physical and software) Antivirus, anti malware, keystroke logging Beware of free WIFI Beware of Phishing Security Suggestions
Physical Firewall for network: Sonic Firewall <$500 Firewall for computer: Norton, ZoneAlarm, Comodo, McAfee Virus AND Malware Defense: SecureAnywhere, Norton, McAfee We use SOPHOS. Secure your Phones & Laptops
Open Code Anti-virus Secure email Secure backups to the cloud Turn On 2-Step authentication Search “Turn on [name of email system] 2-Step Verification” You Need a Nerd www.BerkshireRealtors.net/ziplogix
zipForm® Plus, zipTMS™, Digital Ink®, zipVault™, zipForm® Mobile Web Edition,
Lead Generation and Portals
Paying for advertising generation of clicks, hits or traffic to a website is DIFFERENT from paying for a lead (name) which is DIFFERENT from paying a referral. Good Questions to Ask
Who owns the leads? Is there a referral fee due on a second sale from the same lead a year later? When an agent signs a contract, does it obligate the broker? HOW MANY competitors receive the same lead? If you receive a lead through another source, do you still have to pay? Ask about conversion rates: Average leads to appointments to sales Agency and Honesty Online Awesome Apps Google Translate: Speaks the transaction Now also allows you to hold up the phone to a sign and translate the words video.
Zoom Conferencing: Up to 50 people for 40 minutes HD video video conference with shared screens, record it, link your phone to demo an app. Free
Thank You Note Pro: $3.49/card | Postagram | Shutterfly | FeltApp
Discoverly, et Al: Adds social media recap to email message. Extra Time?
Realtor Property Resource www.narrpr.com Munimapper http://tiny.cc/munimapper Mass Land Records www.masslandrecords.com/ Mass GIS http://maps.massgis.state.ma.us/map_ol/oliver.php Flood Determination https://msc.fema.gov/portal/search Purposeful Abandonment
Concentrate Resources on your strengths, You can’t and shouldn’t be all / do all. When Steve Jobs went back to Apple, he eliminated 70% of their products. They turned a 1billion loss into a 1Million profit in one year, not by adding, but by subtracting