Effective Date: September 2019
PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH REQUIRES, EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST SERENITY AT LARKSPUR ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.
1. WHAT INFORMATION DO WE COLLECT?
We collect the following information from and about you and in the following ways:
· Your name, phone number, email address, and preferences, such as number of bedrooms and desired move-in date, when you contact us with a question or request further information.
· Your name, email address, physical address, and phone number when you apply to lease an apartment. We may also collect additional information, such as your Social Security Number, if you choose to provide such information to us.
· Your name, email address and password when you sign up for an account through our Resident Portal. When you click on the Resident Portal, you are taken to a site provided by Yardi, the third party service provider that hosts our Resident Portal. Through the Resident Portal, you may also be asked to provide your payment information, so you can pay your rent online. This information is collected on behalf of Serenity at Larkspur and processed by Yardi. We use the information collected through the Resident Portal to provide the Services, but we may also use such information for marketing purposes.
2. WHAT DO WE DO WITH YOUR INFORMATION?
We use the information we collect from and about you for the following purposes:
To provide our Services.
To process rent payments through our third party payment processor.
To send you marketing communications.
To respond to inquiries.
To improve user experiences by making our Site easier to use and navigate.
For other legitimate business purposes.
3. HOW DO WE DISCLOSE YOUR INFORMATION?
We may release, disclose, disseminate, make available, transfer, or otherwise communicate the information described in Section 1 above to the following categories of third parties in the following circumstances:
To third party service providers, agents or independent contractors who help us maintain our Services and provide other administrative services to us.
We may share email addresses collected through the resident portal with social media platforms, such as Facebook, for our own marketing purposes.
We may share your personal information in the course of any reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
We may disclose your personal information to law enforcement, government agencies, and other related third parties, in order to comply with the law, enforce our policies, or protect our or others’ rights, property or safety.
When you provide us with personal information by completing a contact form, it is implied that you consent to our collecting it and using such information for the specific purpose of responding to your request or inquiry only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting us by email at www.serenityatlarkspur.com or mailing us at: Serenity at Larkspur, 700 Lincoln. Village. Circle, Larkspur, California, United States, 94939. We will process your request as soon as possible in accordance with applicable law, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.
Additionally, we may send you information regarding our Services, such as information about changes to our policies and other notices and disclosures required by law. Generally, you cannot opt out of these communications, but they will be primarily informational in nature, rather than promotional.
5. INDIVIDUAL RIGHTS
If you are located in the United States, from January 1, 2020, you have the following rights:
You have the right to request information about the categories and specific pieces of personal information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information.
You have the right to request information about our sale or disclosure for business purposes of your personal information to third parties.
You have the right to opt out of the sale of your personal information to third parties. From January 1, 2020, you can exercise this right through the “Do Not Sell My Personal Information” link in the footer of our Site.
You have the right to request the deletion of your personal information.
You have the right to not be discriminated against for exercising any of these rights.
If you would like to exercise one or more of the above rights, you can contact us using the contact information provided below.
6. COLLECTION AND USE OF INFORMATION FROM CHILDREN
Our Services are not intended for children. We do not knowingly collect personal information from children, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 13 has provided personal information to us, we will delete such personal information as soon as possible.
7. THIRD-PARTY SERVICES, LINKS, AND SOCIAL PLUG-INS
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us. However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers. In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction that either you or us.
In particular, our Site uses the following social media plug-ins: Facebook, Twitter, and Instagram. The plug-ins can be identified by the social media buttons marked with the logo of the provider of the respective social media networks. We have implemented these plug-ins using a 2-click solution, which means that when you use our Site, personal information will not initially be collected by the providers of these social media plug-ins. Only if you click on one of the plug-ins will your personal information be transmitted. By activating the plug-in, information is automatically transmitted to the respective plug-in provider and stored by them. We neither have influence over the information collected and processing operations conducted by the providers, nor are we aware of the full extent of information collection, purposes, or the retention periods. Information on the purpose and scope of information collection and its processing by the plug-in provider can be found in the respective privacy policies of these providers, where you will also find further information on your rights and options for privacy protection.
• Facebook Inc., https://www.facebook.com/privacy/explanation.
• Twitter, Inc., https://twitter.com/privacy.
• Instagram, https://help.instagram.com/519522125107875.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Services or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Services. We may post a notice via our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Essential. Some cookies are essential in order to enable you to move around our Site and use its features, such as accessing secure areas of our Site. Without these cookies, we cannot enable appropriate content based on the type of device you are using.
10. INTERNATIONAL DATA TRANSFERS
In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personal information collected via the Services.
12. DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE
Us, at Serenity at Larkspur, 700 Lincoln. Village. Circle, Larkspur, California, United States, 94939 or
You, at the address we have on file for you.
Both you and Serenity at Larkspur agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.
13. CHOICE OF LAW
14. HOW WE RESPOND TO “DO NOT TRACK” SIGNALS
At this time our Site does not recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” instructions.
15. YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits visitors to the Services who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not share personal information with third parties for their direct marketing purposes.
17. CONTACT INFORMATION
If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, contact us at:
Serenity at Larkspur
700 Lincoln Village Circle
Larkspur, CA 94939