Effective Date: October 15, 2020
Last Revised: January 1, 2020
The “Services” means those services, products or features SRM may offer from time to time to residents, employees, job applicants, contractors, and consumers, including, without limitation, listings of available residential and commercial properties, online rental application services, online rental or lease payment services, online service request capability, community classifieds, online career center and job application capability, testimonial submission center, community rewards programs, and event calendars and newsletters.
We want you to understand how we collect, use, and disclose data collected online and offline, including your interactions with our Services and Websites, specifically the portions of the Websites or Services that require you to register and/or log in to gain access, fill out forms or otherwise provide information about you.
3. TYPES AND COLLECTION OF INFORMATION
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user or device ("personal information"). In each case, we collect and disclose your personal information for legitimate business purposes. SRM will not collect additional categories of personal information or collect personal information from additional sources without notifying you.
Over the last twelve (12) months, SRM has collected personal information that falls into the following categories of information from residents, potential residents or consumers:
Category A: Identifiers, such as a real name, alias, postal address, Internet Protocol address, email address, Social Security number, driver's license number, passport number, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as a name, signature, Social Security number, address, telephone number, passport number, driver's license or state identification card number, employment, employment history, bank account number, medical information or health insurance information.
Category C: Protected classification characteristics under California or federal law, which includes age, race, color, ancestry, national origin, citizenship, marital status, medical condition, physical or mental disability, sex, including gender, protected medical leaves and related medical conditions, sexual orientation, veteran or military status.
Category D: Internet or other similar network activity, such as browsing history, search history, personal social media activity, personal email, online transactions, information on a consumer’s interaction with a website, application, or advertisement.
Category E: Professional or employment-related information, including current or past job history.
Category F: Personal information related to COVID-19 tracking and tracing, including, to the extent volunteered by resident or potential resident, medical information and COVID-19 test results, travel history, information about close contacts, household members and other contact tracing related information, and details regarding the onset of COVID-19 symptoms.
SRM obtains the categories of personal information listed above from the following categories of sources:
· Directly from you. For example, from forms you complete, e-mail, text, or voicemail communications from you, and other SRM Services you may interact with.
· Indirectly from you. For example, from observing your actions on our Website and other Services we may provide.
· From third parties. For example, from brokers or third parties we use to learn of prospective tenants, from government agencies such as the DMV pursuant to background checks, application processing or payment processing service providers, and from publicly available sources.
4. USE OF PERSONAL INFORMATION
We may use or disclose the personal information we collect from you for one or more business purposes. SRM will not use the personal information we collect from you for materially different, unrelated, or incompatible purposes without providing you notice.
SRM may use or disclose your personal information for one or more of the following business purposes:
· To fulfill a contract with you or meet the reason you provided the information. For example, if you share your name and contact information to request tour of a property, we will use that personal information order to process an application to lease or for payment of rent or other sums due to us.
· To provide you with support and to respond to your inquiries and requests for services, including to investigate and address your concerns and monitor and improve our responses.
· To provide you with email alerts and other notices concerning our Services or events or news that may be of interest to you.
· To keep a record of contact and address information and correspond with you about the Services.
· To create, maintain, customize, and secure your account with us and to prevent transactional fraud.
· To provide, support, personalize, and develop our Website and Services.
· As described to you when collecting your personal information or as otherwise set forth in the CCPA.
· As we believe necessary or appropriate, under applicable law, including to (i) comply with legal process or legal obligations, (ii) to respond to law enforcement requests and as required by applicable law, court order or governmental regulations, (iii) to protect our operations or those of any of our affiliates, (iv) to protect the rights, privacy, safety or property of us, our clients or others, or (v) to allow us to pursue available remedies or limit the damages that we may sustain.
· To help maintain the safety, security, and integrity of our Website, Services, databases and other technology assets, and business.
· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of SRM’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SRM is among the assets transferred.
· To evaluate the risk that your presence may pose to others in the workplace as a result of the COVID-19 pandemic.
· To help maintain the safety and security of all employees, visitors, and contractors to all H.G. Fenton properties or facilities
5. SHARING OF PERSONAL INFORMATION
SRM may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, SRM has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers. The personal information from this category may be shared with third party payment processing providers; parking vendors; insurance providers; security vendors; including onsite at properties and cyber; government agencies; financial institutions; professional service providers; including attorneys and accountants.
Category B: California Customer Records personal information categories. The personal information from this category may be shared with third party payment processing providers; parking vendors; insurance providers; security vendors; including onsite at properties and cyber; government agencies; financial institutions; professional service providers; including attorneys and accountants.
Category C: Protected classification characteristics under California or federal law. The personal information from this category may be shared with third party payment processing providers; parking vendors; insurance providers; security vendors; including onsite at properties and cyber; government agencies; financial institutions; professional service providers; including attorneys and accountants.
Category D: Internet or other similar network activity. The personal information from this category may be shared with IT service providers; and security vendors, including cyber.
Category E: Professional or employment-related information. The personal information from this category may be shared with third party payment processing providers; parking vendors; insurance providers; security vendors; including onsite at properties and cyber; government agencies; financial institutions; professional service providers; including attorneys and accountants.
Sales of Personal Information
In the preceding twelve (12) months, SRM has not sold personal information.
6. COOKIE AND OTHER TRACKING TECHNOLOGIES
· Web Beacons. The pages on the Websites may include Web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Websites where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.
· Third Party Analytics and Other Tracking Tools. We use Google Analytics, which collects information about our users of our Websites and reports usage trends to us, without identifying individual visitors. Google Analytics may collect similar information from you when you are on other websites. To learn more about Google Analytics, including how to opt out, please visit https://tools.google.com/dlpage/gaoptout.
· Do Not Track. California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
7. THIRD PARTY WEBSITES
8. YOUR RIGHTS AND CHOICES
The CCPA provides consumers (California residents) with specific rights regarding their personal information, including the right to access specific information, the right to data portability, and the right to request deletion of your information in certain circumstances.
Access to Specific Information and Data Portability Rights
You have the right to request that SRM disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
· The categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting that personal information.
· The categories of third parties with whom we share that personal information.
· The specific pieces of personal information we collected about you (also called a data portability request).
· If we disclosed your personal information for a business purpose, we will identify the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that SRM delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
· Calling us toll-free at: (833) 965-2107
· Emailing us at: firstname.lastname@example.org
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent to make a request on your behalf, please provide us with a written authorization that identifies the agent and describes the specific authority that has been assigned to the agent. Please note we may need to verify the identity of the agent before we can comply with your request.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
Response Timing and Format
We will confirm receipt of the request within ten (10) days of its receipt. We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 45 days), we will inform you of the reason and extension period in writing.
We will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or Services.
· Charge you different prices or rates for goods or Services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or Services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or Services.
10. INFORMATION SECURITY, RETENTION AND STORAGE
The Websites are directed to persons 18 years of age or older. SRM and the Websites do not knowingly collect information from or provide Services to children under age 18. If you are under age 13, you are not permitted to use the Websites or any Services therein, or to submit any personally identifiable information to the Websites. Please see the Terms for more information regarding use of the Websites and Services by persons under age 18.
12. OTHER CALIFORNIA PRIVACY RIGHTS
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to email@example.com or call us at the toll-free number: (833) 965-2107.
13. INQUIRIES, CORRECTIONS AND COMPLAINTS
15. CONTACT INFORMATION
Phone (toll-free): (833) 965-2107