Brokerage Access to Client Records

1. When this section applies

This section applies to you if you use The Boundary Stone as a real estate agent affiliated with a brokerage, whether you joined by accepting a brokerage's invitation or by asking a brokerage to sponsor your account. It takes effect when your affiliation with that brokerage becomes active and continues for as long as that affiliation lasts.

2. What the brokerage can see

While you are affiliated with a brokerage, the broker of record and any person the brokerage has given broker or administrator access can view, for each client record assigned to you at that brokerage that is brokerage business as defined in section 3:

• the client's name, email address, telephone number, account status, how the client came to the service, and the dates on which the record was created, last updated, last active, and last signed in;
• the client's saved and unsaved property searches, including the search text entered, the criteria derived from it, the number of matching and excluded properties, and the properties identified;
• the properties the client has viewed or favorited, together with the property details and community-rule assessment recorded at that time;
• the client's recorded activity in the service and the times of that activity; and
• the notes, pipeline stage and next step you record about that client.

3. Which of your client records the brokerage can see

The access described in section 2 applies to your brokerage business, not to every record in your account. A client record is brokerage business if any of the following is true:

• the brokerage provided the client to you as a lead;
• the client came to you through the service rather than from a list you supplied — for example by registering on the site or through a search tool embedded on another site;
• the client has signed a written representation or listing agreement;
• the client has an account and signs in to the service; or
• you have scheduled a showing for the client or recorded progress for them in your pipeline.

Contacts you uploaded yourself are not brokerage business and the brokerage cannot see them. This covers the contact records themselves, the searches and property activity attached to them, and the record that you performed an import at all. If such a contact later meets any of the conditions above, that record becomes brokerage business from that point and the access in section 2 applies to it.

Where a record is brokerage business, access applies to it whether you created it before or after your affiliation began. Affiliation does not, however, make contacts you uploaded yourself visible to the brokerage.

4. Assistant access

The brokerage's assistant answers questions across all agents at the brokerage. Its answers may include your clients and the notes described in section 2, in response to questions asked by the brokerage rather than by you.

5. Reassignment

The brokerage may reassign a client record assigned to you to another agent at the same brokerage. A client record you created by importing your own contacts may not be reassigned by the brokerage while you remain active at that brokerage.

6. If your affiliation ends

Ending an affiliation is carried out by us at the request of you or the brokerage; it is not a self-service action.

If you pay for your own account, your client records remain yours in full and no copy is retained for the brokerage. See sections 8 and 9 for what this does not include.

If the brokerage pays for your account, or if no billing record identifies you as paying for your own account, the client records that the brokerage provided to you as leads return to the brokerage. Those records, and the saved searches, property activity and history attached to them, move to the brokerage in full and are no longer yours.

Every other client record stays with you. That includes contacts you imported yourself, clients who registered through the service, and clients who came to you through a search tool embedded on another site. They are not copied to the brokerage and no version of them is retained for it.

Records are not duplicated. A client record either returns to the brokerage or stays with you; there is no arrangement in which both hold a copy of the same client.

7. Who pays does not determine who can see

Section 2 applies for as long as you are affiliated with a brokerage, whether that brokerage pays for your account or you pay for it yourself. The arrangement under which your account is paid for affects only what is retained when your affiliation ends, as described in section 6.

Under Texas law your sponsoring broker is the client's agent and is responsible to the client for your conduct in the transaction (Tex. Occ. Code §§ 1101.557 and 1101.803, and 22 Tex. Admin. Code § 535.2).

8. Your access to property data depends on your affiliation

Property listing data is made available to you through your brokerage's participation in the applicable multiple listing service. If your affiliation with that brokerage ends, your access to that data through the service ends with it, and features that rely on it will not operate until you become affiliated with another participating brokerage. Client records retained under section 6 do not include continuing access to listing data, and property information shown within a retained record is a record of what was displayed at the time rather than current listing data.

9. This section does not move representation

This section governs records held in the service. It does not determine who represents a client. A written buyer representation agreement or listing agreement is an agreement between the client and a brokerage, and ending your affiliation with a brokerage does not transfer that agreement to you or to another brokerage. Whether you continue to represent a client after your affiliation ends is a matter between you, the brokerage and the client, and is governed by that agreement and by applicable law rather than by this section or by who pays for your account.

10. Your authority

By joining a brokerage you confirm that you are entitled to place the client records in your workspace under that brokerage's supervision, and that doing so does not breach an obligation you owe to any client, brokerage or other person.

11. This describes the service, not your obligations

This section describes how the service behaves. It does not create, alter or replace any agreement between you and your brokerage, and it does not alter your obligations under applicable real estate law or the rules of the Texas Real Estate Commission. Where your agreement with your brokerage or applicable law addresses the ownership, retention or handling of client records, that agreement and that law control.

12. Changes

If we change what a brokerage can see under section 2, we will notify you before the change takes effect and ask you to review this section again. Continuing to use the service through a brokerage after that notice means you accept the change.

13. Your clients

How we handle information about your clients, including how we tell them that brokerage staff may see their activity, is described in our Privacy Policy.

14. Questions

Contact us at helpdesk@theboundarystone.com.

Acknowledgment

By joining a brokerage on The Boundary Stone you acknowledge that doing so makes your client records visible to that brokerage, including records you created before joining; that who pays for your account does not change what the brokerage can see; and that a signed representation agreement stays with the brokerage either way.