As part of your relationship with us, we want to ensure you have all the information necessary to effectively manage your account. Our goal is to provide your information to you securely, efficiently, and conveniently. Please read this electronic communications disclosure (“eCommunications Disclosure”) thoroughly. It contains important information about your legal rights. This eCommunications Disclosure covers all of your interactions with RealtyShares, Inc. (“RealtyShares”, “we”, “us”, and “our”), and all of our products and services accessible via a computer and/or a mobile device. The words “you” and “your” mean each account holder, investor, sponsor, and/or service user identified on an account, product, or service.
Please be aware that your consent to the electronic delivery of disclosures is required to open an account or use any of the RealtyShares Service (as defined in the Terms of Service). If you are unable or unwilling to provide such consent, you will not be able to open an account. Once you have opened an account, you can rescind your consent to electronic delivery of disclosures at any time as set forth below.
We are required by law to give you certain information “in writing” – which means you are entitled to receive it on paper. We may provide this information to you electronically, instead, with your prior consent. We also need your general consent to use electronic records and signatures in our relationship with you. So, before you use our Electronic Services you must review and consent to the terms outlined below.
“Communications” means each disclosure, notice, agreement, fee schedule, statement, record, document, and other information we provide to you, or that you sign or submit or agree to at our request.
“Electronic Service(s)” means each product and service we offer that you apply for, use, administer or access using the Internet, a website, email, messaging services (including text messaging) and/or software applications (including applications for mobile or hand-held devices), either now or in the future.
“RealtyShares Product(s)” means each and every account, product or service we offer that you apply for, own, use, administer or access, either now or in the future. RealtyShares Products include Electronic Services.
The words “include” and “including,” when used at the beginning of a list of one or more items, indicates that the list contains examples – the list is not exclusive or exhaustive, and the items in the list are only illustrations. They are not the only possible items that could appear in the list.
In our sole discretion, the Communications we provide to you, or that you sign or agree to at our request, may be in electronic form (“Electronic Records”). We may also use electronic signatures and obtain them from you as part of our transactions with you.
All electronic Communications from us to you will be considered “in writing” and shall have the same meaning and effect as a paper communication. You acknowledge and agree that Communications are considered received by you within 24 hours of the time posted to the RealtyShares website, or within 24 hours of the time emailed to you unless RealtyShares receives notice that the email was not delivered.
Electronic Communications may be delivered to you in a variety of ways. These various delivery methods include email, messaging services (including text message), software application messaging, online notifications, Communications posted to an individual user’s dashboard (“Dashboard”), and any other appropriate means that RealtyShares uses now or in the future to send you Electronic Records and to communicate with you electronically.
Since substantially all of our accounts, products and services are provided online and use electronic means to deliver information, you must consent to this eCommunications Disclosure in order to use these services. At times, we may send you paper Communications, but as a basic proposition we need to know that you are willing to receive Communications electronically that we may otherwise be required to provide on paper and that you have the hardware and software needed to access this information. You agree that your consent to electronic delivery covers Communications by us, our agents and third parties whose products or services are provided to you through arrangements with us.
You understand that we may provide to you in electronic format only, such as by posting the information on the website where you access your accounts, products or services, through email (if applicable and if you have provided a valid email address), through posting notifications to your Dashboard, or through other electronic Communications, as defined above. Such Communications may include, but are not limited to:
This eCommunications Disclosure does not apply to any communications that we determine, in our sole discretion, that we are required to deliver in paper form under applicable law or that you should receive in paper rather than electronic form.
Such communications shall be mailed to the primary address we show for you in our records or otherwise delivered as required by law or the governing agreement.
To receive Electronic Records, we strongly recommend you utilize the following systems and the following system characteristics:
Operating Systems: | Windows 7 or later; macOS 10 or later |
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Browsers: | The latest version of Google Chrome, Microsoft Edge, Microsoft Internet Explorer, or Mozilla Firefox |
PDF Reader: | Acrobat or similar software able to view and print PDF files |
Enabled Security: | Allow per session cookies |
You must also have an active email address.
In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices.
You should check this eCommunications Disclosure page occasionally for updates on supported software. From time to time, we may offer services or features that require that your internet browser be configured in a particular way, such as permitting the use of JavaScript or cookies.
We reserve the right to discontinue support of a current version of software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with our platform.
In addition to retaining evidence of an investor’s identity, RealtyShares will collect and retain systems logs and audit trails that establish a temporal and process link between the presentation of identity documents and the electronic “signing” of a document (electronic signature or electronic record), as well as evidence of the investor’s agreement to conduct the transaction electronically and his or her execution of a particular electronic signature or electronic record as per Section 101 of the ESIGN Act.
All files will be retained for the life of the deal plus seven years. Any files that RealtyShares maintains will include the name of the person (and related entity, if the investor is not a natural person) who signed each document, the date of the signature, and the method by which the document was signed, as well as any relevant identifying (and other) information that can be used to verify the electronic signature and its attribution to the signer’s identity. RealtyShares will be prepared to provide audit trail files.
Tamper-Evident Seal. Regardless of the type of electronic signature used, each electronic document will be cryptographically “sealed.” This tamper-evident seal, created by digital signature technology, is the signed document immediately after each investor’s signature has been applied. After having been sealed, any attempt at altering the document would create a new version of the document on our system, differentiated from the original both temporally and by each user’s unique identification. Further, the original document is transmitted via an encrypted transfer from our internal server onto an S3 file storage service provided by AWS. This service is operationally restricted and not publicly accessible. Accessing the information on this service requires access to a key pair and login credentials stored and encrypted within the company’s Github vault. Last, each executed document is timestamped by an independent third-party Timestamp Authority, allowing all users to verify the time of the original execution, in order to combat the possibility of a new version conflicting with the original.
Protecting Server-Based Signing Keys. Tamper-evident seals will be created using our own server certificate issued by a reputable Certificate Authority, and stored per our usual operational and structural key security protocols. In implementations in which a server-based certificate will be used to create the tamper-evident seal, private keys should be appropriately stored, and there should be a separation of staff roles regarding access to those keys.
You may withdraw your consent to receive electronic Communications at any time by sending us a written request by email to support@iirrms.com. You understand that any withdrawal of your consent to receive electronic Communications will be effective only after RealtyShares has had a reasonable period of time to process your withdrawal. You understand that withdrawing your consent to electronic Communications will likely result in the closure of your account.
You may print or make a copy of Electronic Communications by using the “Print” button (or otherwise using your printing functionality) or saving a copy – do this when you first review the Electronic Communications because after submission we do not necessarily keep them all in a place that you can access. For certain Electronic Communications, we will, upon request, provide you with a paper copy of any Electronic Communications provided electronically by us to you pursuant to this eCommunications Disclosure, provided we receive your request within 12 months after the date the Electronic Communication was first made available to you electronically. You may request a paper copy of these Electronic Communications by emailing us at support@iirrms.com. Be sure to specify your account, the specific Electronic Communication for which you are requesting a paper copy, and the address to which it should be mailed. We may charge fees for paper copies of your Electronic Communications.
We recommend that you print or download a copy of this eCommunications Disclosure, as well as other Electronic Records, to retain for your permanent records; if you have not already placed a copy of our Privacy Policy in your records, you can obtain another copy of our Privacy Policy here.
You agree that we have the right to amend or terminate this eCommunications Disclosure at any time by sending written or electronic notice of the amendment to you. The amendment or termination will be effective on the date contained in the notice. Any use of our platform after such date will constitute your agreement to such amendment or termination.