12.1    Confidentiality of MLS Data.  MLS Data is confidential and exclusively for the use of Members.  Members shall protect such confidential information and use it only for the purposes set forth in these Rules and Regulations.  Members shall use their best efforts to prevent unauthorized disclosure of such confidential information to others.  Members shall at all times maintain control over and responsibility for any copyrighted data provided to them by BAREIS.  Members are responsible for the security of their BAREIS login name and password, and Members shall not give or allow use of or make available their login name and password to anyone.  Members are expected to maintain the confidentiality of the contact information of other Members.  Any communication with other Members must be within the guidelines and opt-out provisions of the legislation governing email, facsimile, and telephone solicitation.  Selling, transmitting or providing non-Members with the contact information of other Members is a violation of the Rules and Regulations.

12.2    Display and Use of MLS Data.  Members are hereby granted a limited non-exclusive terminable license to use and copy the MLS Database and display the MLS Database to prospective buyers and sellers only in conjunction with their ordinary business activities of attempting to locate ready, willing, and able sellers or buyers for properties.  See Regulations 13.1 through 14.4 for advertising and internet advertising limitations.

Presentation of the MLS Database to a Member’s client shall be only in the immediate presence or “virtual” presence (by electronic means) of the Member with his, her or its client.  Members are prohibited from using the MLS Database for any purpose other than to market property or to support a sales presentation or a written appraisal or estimate of value on a particular property to a client, and in no event may confidential information be presented to a client to support an estimate of value.
    
12.3      Use of Listing Broker’s Data.  Nothing in these Rules and Regulations prohibits a Member from transmitting, or re-transmitting electronically, or by any other means, his, her or its own listing data to any party.

12.4      Confidential Listing Data.  Any information from the MLS Database presented to a Member’s client or to the general public shall not include the following confidential information (which the Member shall keep confidential pursuant to Regulation 12.1) unless the Member obtains prior written consent from the listing broker:

(a)        Property owner’s name, phone number, and address (if different from the listed property);

(b)        Instructions or remarks intended for cooperating brokers, including but not limited to showing instructions, including any references to a lockbox, burglar alarm or any security system, or to the vacancy of the property;

(c)        Type of listing agreement and expiration date;

(d)        Compensation or bonuses offered to cooperating brokers; and

(e)        Any other information that goes beyond a description of the property.

12.5      Downloading MLS Data.  Participants may download the MLS Database into a computer as long as:

(a)        Access to the computer receiving the data is strictly limited to authorized Members and administrative users as defined in these Rules and Regulations;

(b)        The data is re-transmitted only to the Member authorized to access the system by these Rules and Regulations; and

(c)        The data is not reformatted or used to create another product except as may be used by the Member who downloaded the data and such use strictly complies with Regulation 12.2.