Last updated on: May 15, 2018
Thank you for visiting www.rcanalytics.com (the “Site”). The Site is owned and operated by Real Capital Analytics, Inc. (“RCA”) with headquarters located at 110 Fifth Avenue, New York, New York 10011 and we genuinely respect your concerns about privacy.
Online Terms of Use. Use of the Site and its contents is subject to the terms and conditions outlined in this Online Use Terms and Conditions Statement (“Terms of Use”) and by using the Site, U.S. and EEA residents, you expressly consent to our collection, use, disclosure, and retention of your personal information as described in our Privacy Policy located at www.rcanalytics.com/privacy, and you as a user (“User”) whether or not you are a registered user of the Site, accept and agree to be legally bound by these Terms of Use. If any of these Terms of Use is unacceptable to you, do not use the Site.
This Online Use Statement applies to personal information we collect by use of the Site and describes the types of personal information we obtain, how we use the information, with whom we share it, and the choices you can make about our use of the information. We also describe the measures we take to protect the security of the information and how you can contact us about our privacy practices. For point of clarity the word
Online Data Use and Privacy. RCA takes all reasonable and industry standard precautions to protect the personal data we process against unauthorized or unlawful access, use or disclosure, and against accidental loss, damage, alteration or destruction. Under our security policies and practices, access to personal data is authorized only for those who have a business need for such access. RCA strives to protect the personal data that we process; however, no security program is 100% secure and we cannot guarantee that our safeguards will prevent every unauthorized attempt to access, use, or disclose personal data. RCA maintains security incident response policies and procedures to handle incidents involving unauthorized access to personal data we process.
Information Collection. When you visit the Site, RCA may collect information about you and your browsing habits. The information we collect depends on the pages of our Site you visit and what you do during your visit. RCA may collect information from you automatically when you visit our Site, which may include the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of your computer; the type of browser and software operating system you use; web log data, including the date and time you access our website; and the Internet address of the website from which you linked to our Site.
As a non-subscriber/public user, you can browse the Site without telling us who you are or revealing any personal information (i.e., name, email address, phone number, fax number, mobile telephone number and physical contact information) about yourself. As a subscriber or Permitted User, typically granted through your employer, you must register with us, and you choose to give us your personal information and are not anonymous to us. When you request information, create a profile, purchase products, or otherwise engage with our Site, you must provide personal information. Personal information is only associated with your account/profile when you sign in as a registered user. You must also provide non-personal information such as your job title, company name or business address.
Use of “Cookies”. RCA employs cookie technology to enable us to recognize users and their access privileges on the Site, as well as to track site usage. A cookie is a small text file that many web sites write to your hard drive when you visit them. Cookies also enable you to automatically enter the Site as a subscriber without having to enter your logon credentials each time. If available, you may choose to set your browser to warn you before accepting cookies. RCA makes use of a mandatory session cookie. Due to a dependency on this type of cookie, our site will not function correctly if a user disallows all cookies through their browser settings.
Most browsers are set up to accept cookies. If you want to change your cookie preferences, you can do so through your browser settings or refuse the cookies when you enter the Site. Please remember that our cookies are often used to give you certain functionality and without them you may not be able to use some of our Site. You can also remove cookies that have already been set in your browser via your browser settings.
An IP address is a number that is automatically assigned to your computer whenever you are using the Internet. Web servers, the main computers that serve up web pages, automatically identify your computer by its IP address. As permitted under applicable law, RCA collects IP addresses for the purposes of system administration, gathering and analyzing aggregated information, creating a better experience for users and auditing the use of our Site. We do not normally link IP addresses to anything personally identifiable, which means that your session will be logged, but you remain anonymous to us. We will seek to link your IP address when we feel it is necessary to protect this Site and other users from harm and to prevent criminal misconduct.
Contact service@rcanalytics.com to learn more or request cookies to be disabled.
Do Not Track. Several companies offer tools that allow people to browse the web anonymously. We cannot provide you a personalized experience if you use these tools because we cannot recognize you and your computer. However, we want to ensure you know of their existence. Because RCA does not track your online activities over time and across third-party websites in order to provide targeted advertising, RCA does not respond to Do Not Track (DNT) signals.
Grant of License and License Period. RCA hereby grants a limited license to the RCA Products for Permitted Users that include but are not limited to, Global Capital Trends Reports, U.S. Capital Trends Reports, Europe Capital Trends Reports, Asia Pacific Capital Trends Reports, Sales Transactions Search, Players View, Loan Search, Mortgage/Debt Details, Holdings Search, Trends and Trades, TrendTracker, RCA CPPITM Time Series Data, Capital Tracker, Investor Universe, Standardized Downloads, Data Integration, Transactional Data and the resulting exports, RCA Commercial Property Search mobile applications, RCA Insights, and other information, reports and services (the “RCA Products”). RCA Products are accessed through RCA’s password protected Site. web site (the “Web Site”).
Permitted Users. RCA will provide a specified number of employees of User with login credentials to the Site to be designated by User. Each employee of User must enroll separately and complete his or her own registration. Only a registered User employee may access the RCA Products using their assigned username and password. Assigned usernames and passwords are for the sole use of the employee that it is assigned to and each employee is strictly prohibited from sharing, transferring, and/or assigning those credentials to any other person(s). User may however, reassign Web Site access to a new employee from time to time during the Term. User shall: (a) provide accurate, current and complete registration information and (b) maintain and update this information to keep it accurate, current and complete. RCA reserves the right to require registered users to reset their password from time to time. All uses of the Web Site must be through the interface provided on the Web Site. RCA reserves the right to audit and electronically monitor the number of requests for information a User submits, and the frequency and duration of a User’s online activity.
Use Restrictions. User may not resell any of the RCA Products in whole or in part. User may only use the RCA Products for its internal business purposes or use insubstantial extracts in external reports or presentations in accordance with the terms of this Terms of Use and with proper attribution to RCA, as outlined in section entitled Proper Attribution; in permissible cases, the data/information used may not exceed twenty percent (20%) of the total content. User is strictly prohibited from marketing, selling or publishing any pricing indices, valuation models, derivatives or other products based in whole or in part upon the RCA Products. User may use and copy the RCA Products only as expressly provided by this Terms of Use. User may copy the RCA Products to the extent reasonably necessary to exercise its rights and perform its obligations under this Terms of Use. Except as expressly provided by this Terms of Use, User shall not, nor shall it permit any other person to: (a) make or retain any copy of the RCA Products except for insubstantial extracts, however, such insubstantial extracts may not be accessed electronically, manipulated or distributed by User; (b) use the RCA Products as part of any effort to compete with RCA, including without limitation, using the RCA Products to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss of RCA sales from an existing or potential User; (c) access, monitor or copy any content or information on RCA’s Web Site for the purposes of data mining, report mining, data scraping, screen scraping or other unauthorized data collection, including without limitation, using any robot, spider, scraper or other automated means or any manual process without RCA’s express written permission; (d) take any action that imposes, or may impose, in RCA’s sole discretion, an unreasonable or disproportionately large load on RCA’s infrastructure; (e) violate the restrictions in any robot exclusion headers on RCA’s Web Site or bypass or circumvent other measures employed to prevent or limit access to RCA’s Web Site; (f) sell, market, license, sublicense, distribute, or otherwise grant to any person any right to use the RCA Products; (g) add display or create derivative works from the RCA Products; (h) remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the RCA Products, or fail to preserve all copyright and other proprietary notices in any copy of the RCA Products made by User; or (i) take data obtained from the use of the RCA Products, in any form, whether exported, downloaded directly from the Web Site, through the Data Integration Portal or provided to User by other means, and upload or input such data into any third party contributory data exchange or data sharing platform, whether it be a free or paid for service. All rights not explicitly granted under this Terms of Use are expressly reserved by and to RCA.
Proper Attribution. User shall ensure that any reproduction of all or a part of the RCA Products includes the following notice/s: © 201[/] Real Capital Analytics, Inc. All rights reserved or Source: Real Capital Analytics www.rcanalytics.com. If User is making use of the RCA/PD CPPI the notice shall include the following notice: Source: RCA and Property Data, Ltd. If User is making use of the RCA/Walk Score CPPI the notice shall include the following notice: Source: RCA and Walk Score®.
Proprietary Rights. RCA Products and images, illustrations, designs, icons, graphs, charts, lists, photographs, and written and other materials contained in the RCA Products (“Proprietary Items”) are provided on a strictly limited use basis. All rights, including without limitation, Intellectual Property Rights (defined below), title, and interest lie exclusively with RCA and its data suppliers. This Terms of Use is not an agreement of sale, and no title or Intellectual Property Rights or other ownership rights to the RCA Products are transferred to User pursuant to this Terms of Use . User acknowledges that the restrictions in this Terms of Use are reasonable and necessary to protect RCA and its data suppliers’ legitimate business interests. User acknowledges that the real property ownership information is proprietary information of RCA and its data suppliers and has been furnished to User in trust and may be subject to certain export or download limitations. User acknowledges that the real property ownership information is a valuable commercial product, the development of which has involved the expenditure of substantial time and money. Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Use of Price Indices. RCA hereby grants to User a non-exclusive, non-transferable, non-sub licensable, and non-assignable right and license to use the RCA Commercial Property Price Indices (“RCA CPPITM”) and use of the trademarks, service marks, logos and designs (the “RCA Trademarks”), as may be revised by RCA from time to time. Such license shall be limited to using such marks in a nominative manner, when referring to RCA. Any goodwill acquired in using RCA’s Trademarks shall vest in RCA. RCA owns their trademarks and User will not take any actions inconsistent with RCA’s, ownership rights.
If applicable, RCA will provide User with the underlying data points referred to as the “RCA CPPITM Time Series Data”. Access to the RCA CPPITM Time Series Data will be limited to a select number of User’s employees, designated by User, and shall advise such employees of their obligations hereunder with respect to keeping the RCA CPPITM Time Series Data confidential and require such employees to abide by the terms of this Terms of Use. RCA will provide to User new, updated, and revised RCA CPPITM Time Series Data via an Excel spreadsheet which shall be delivered in a timely manner. All RCA CPPITM Time Series Data is subject to further revision.
RCA acknowledges that User may be using the RCA CPPITM Time Series Data in internal valuation models. User may not distribute or publish any of the RCA CPPITM Times Series Data associated with the RCA CPPITM. User may not resell any of the RCA CPPITM Time Series Data in whole or in part. User is also prohibited from marketing, selling or publishing any pricing indices, valuation models, derivatives or other products or services based in whole or in part upon the RCA CPPITM Time Series Data. User may only use the RCA CPPITM Time Series Data for its internal business purposes. Under no circumstances shall User give or provide the RCA CPPITM Time Series Data to any third party advisors or consultants. The RCA CPPITM Time Series Data must be kept strictly confidential. User and its employees shall maintain the confidentiality of the RCA CPPITM Time Series Data with the same degree of care, but no less than commercially reasonable, that it uses with its own confidential information.
Upon the expiration or termination of this Terms of Use, User shall cease and desist from using the RCA CPPITM Time Series Data and make reasonable attempts to return to RCA, or at RCA’s option, destroy all RCA CPPITM Time Series Data (and copies of such RCA CPPITM Time Series Data).
To aid in market transparency and support academic curiosity, Real Capital Analytics has a long history of providing information and services to the commercial real estate industry and the academic community free of charge for analytical and research purposes. Under the concept of the Fair Use doctrine1 certain RCA CPPI™ and their associated time series history data are made available to the general public and academic communities free of charge with limited-use restrictions. RCA CPPI™ time series history data available under Fair Use is limited to the following 10 indices:
The RCA CPPITM are owned, maintained and calculated by RCA and all trademarks, logos and service marks may be revised from time to time by RCA. User may not distribute or publish any of the data associated with the RCA CPPITM, without prior written permission from RCA.
Privacy Policy. RCA is committed to providing User with clear and concise information regarding privacy policies, use and processing of personal data. Use of the RCA Products is subject to RCA’s Privacy Policy (“Privacy Policy”) which can be found on the Site at: www.rcanalytics.com/privacy. RCA’s Privacy Policy has been updated to provide compliance with the European Union General Data Protection Regulations (“GDPR”) and may be updated from time to time and is incorporated into this Terms of Use by this reference, as if set forth fully herein. RCA may processes User personal data that may include name, job title, company name, E-mail address and city location. The purpose of collecting this User data is to ensure proper usage of the RCA Products.
Warranty Disclaimer. RCA Products have been compiled from public and private sources believed to be reliable. Any reliance upon the RCA Products is at User’s risk, and RCA and its data suppliers shall not be responsible to User or any third party for any liability arising from or related to the use of RCA Products in any way.
ALL SERVICES AND RCA PRODUCTS ARE PROVIDED AS IS, AS AVAILABLE AND WITH ALL FAULTS, AND RCA AND ITS DATA SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, NON-INFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE REGARDING THE SERVICES OR DELIVERABLES OR ANY OTHER MATTER PERTAINING TO THIS TERMS OF USE . RCA AND ITS DATA SUPPLIERS ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS.
Selection and Use Indemnification. The RCA Products and all other related information, reports, and services that are offered by Real Capital Analytics, Inc., Real Capital Analytics, B.V., Real Capital Analytics Limited and Real Capital Analytics PTE Limited (collectively “RCA”) to User are provided solely for general information, and do not constitute real estate, legal, tax, accounting, or other professional advice. User assumes the sole responsibility for the selection of the RCA Products to achieve User’s intended results, the use of the RCA Products, and the results attained from such selection and use. User shall defend RCA and its affiliates, and the directors, officers, employees, independent contractors, data suppliers, RCAs, and agents of RCA and its affiliates (“RCA Indemnitees”), at User’s sole cost and expense, against any and all demands, claims, actions, suits, or other proceedings (“RCA Claim(s)”) against RCA -Indemnitees arising from or related to User’s selection or use of RCA Products whether or not such use is in accordance with this Terms of Use and shall indemnify and hold RCA-Indemnitees harmless from any and all judgments, losses, liabilities, damages, costs, and expenses (including without limitation, reasonable attorney's fees and attorney's disbursements) arising out of or incurred in connection with such RCA Claims. User’s liability under this Selection and Use Indemnification shall be reduced to the extent that User is actually prejudiced by RCA’s failure to give notice of a RCA Claim to User promptly after RCA learns of such RCA Claim. User shall have the right to control the defense and settlement of any RCA Claims for which User is obligated to defend, but RCA shall have the right to participate in such RCA Claims at its own cost and expense.
Limitation of Liability. The total aggregate liability of RCA, its affiliates, and the directors, officers, employees, independent contractors, data suppliers, RCAs, and agents of RCA and its affiliates (when taken together in aggregate and not per person) under this Terms of Use shall under no circumstances exceed the amount paid by User, if any, for accessing the RCA Products in the calendar year in which the related claim accrued.
Excluding RCA’s indemnity obligations, under no circumstances shall RCA, its affiliates, and the directors, officers, employees, independent contractors, data suppliers, RCAs, and agents of RCA and its affiliates be liable to User or any other person for:
Nothing in this Terms of Use limits or excludes the liability of User and RCA, its affiliates, and the directors, officers, employees, independent contractors, data suppliers, RCAs, and agents of RCA and its affiliates for:
Terms and Conditions. User acknowledges and agrees to be bound by the terms of this Terms of Use. User’s subscription to the RCA Products is for use by the entity listed as the User, and is not available for the use, access, nor benefit of User’s subsidiaries or affiliates without the prior written consent of RCA and the payment of additional subscription fees. By accessing the RCA Products, User agrees to be bound by this Terms of Use. User’s use of RCA Products is subject to the terms within this Terms of Use or posted on RCA’s Site on the date of User’s use of the RCA Products unless otherwise agreed. Unless otherwise agreed to in writing, RCA reserves the right to add, remove or modify portions of these terms at any time and without notice. Any real estate transactional data provided to RCA by User may be incorporated into the RCA Products for all purposes. It is the duty of User to make sure it is not a breach of any agreements it may have regarding confidentiality.
For User’s located in the European Union member states the execution of this Terms of Use is subject to the additional terms of the Data Protection Addendum as it relates to implementing the regulations and compliance with the General Data Protection Regulations (“GDPR”).
Governing Law/Forum. The laws of the State of New York, excluding its conflict-of-laws rules, govern this Terms of Use and User’s use of the RCA Products. User expressly agrees that exclusive jurisdiction for any claim or dispute with RCA resides solely in the United States District Court for the Southern District of New York, the Supreme Court for the State of New York, New York County, or the Civil Court for the City of New York, New York County and applicable appeals courts. RCA further agrees and expressly consents to the exercise of personal jurisdiction in the aforesaid courts in connection with any such dispute including any claim involving RCA or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
RCA complies with the requirements of the EU-U.S. Privacy Shield framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. RCA has certified to the Department of Commerce that it adheres to the Privacy Shield Principles of: Notice; Choice; Accountability for Onward Transfer; Security; Data Integrity and Purpose Limitation; Access; and Recourse, Enforcement, and Liability. To learn more about the Privacy Shield program, and to view our certification, please visit the U.S. Department of Commerce’s Privacy Shield website located at: https://www.privacyshield.gov.
In compliance with the EU-U.S. Privacy Shield Principles, RCA commits to resolve complaints about privacy and our collection or use of personal information. European Union residents with inquiries or complaints regarding this Privacy Policy should first contact RCA at: Privacy@rcanalytics.com. For purposes of enforcing compliance with the Privacy Shield, RCA is subject to the investigatory and enforcement authority of the U.S. Federal Trade Commission.
RCA has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to JAMS EU-U.S. Privacy Shield, an independent alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your Privacy Shield complaint, or if your complaint is not satisfactorily addressed, please visit www.jamsadr.com/eu-us-privacy-shield for more information and to file a complaint.
Assignment and Amendment. This Terms of Use, and all licenses, rights and obligations under this Terms of Use, may be assigned by RCA. This Terms of Use, and all licenses, rights and obligations under this Terms of Use, may not be assigned or otherwise transferred by User, whether voluntary or involuntary, by merger, change of control, consolidation, dissolution, operation of law, or any other manner, without the prior written consent of RCA. For purposes of this Section, a “change of control” is deemed an assignment of rights and a “merger” refers to any merger in which User participates, regardless of whether it is the surviving or disappearing corporation. Any attempted assignment or transfer in violation of this Section shall be null and void. Without limiting the generality of the foregoing sentence, this Terms of Use and all of the provisions in this Terms of Use shall be binding upon and inure to the benefit of the successors in interest and permitted assigns of RCA and User. This Terms of Use may not be amended, altered, nor modified except by a written instrument signed by User and RCA.
Google Maps. Use of Google Maps within the RCA Products is subject to the Google Maps Terms of Service located at http://maps.google.com/help/terms_maps.html and the Google Legal Notices located at http://maps.google.com/help/legalnotices_maps.html. The Google Terms of Service and Google Legal Notices may be updated from time to time and are incorporated into this Terms of Use by reference, as if set forth fully herein.
Entire Agreement. This Terms of Use, as it may be amended from time to time, constitutes the entire agreement between User and RCA and governs User’s use of the Site and RCA Products and any other information, reports or services provided by RCA. If any part of this Terms of Use is held invalid or unenforceable, RCA may terminate the Terms of Use