Privacy Policy

Effective Date: August 11, 2020

Last Reviewed on: August 11, 2020

399 Congress, LLC, its subsidiaries and other affiliate companies (collectively, “Company,” “we,” “us” or “our”) respect your privacy and are committed to protecting it through our compliance with this policy.

This privacy policy (“Privacy Policy”) describes the types of information we may collect from you or that you may provide to us, including information we may collect when you visit a website, use a web application or use a mobile app operated now or in the future by or for Company, including, without limitation, RentNEMABoston.com; NEMA Life (mobile app); Crescent Heights (mobile app); and all other Company mobile apps and websites linked to this Privacy Policy now or in the future (each a “Website” and collectively the “Websites”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use our Website. By accessing or using this Website, you agree to this Privacy Policy. This Privacy Policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. We adopt this Privacy Policy in compliance with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Privacy Policy.

The purpose of this Privacy Policy is to provide you with a comprehensive description of our practices regarding the collection, use, disclosure and sale of Personal Information and of your rights regarding your Personal Information. This Privacy Policy applies to all Personal Information that we collect:

· On this Website

· In email, text, and other electronic messages between you and this Website or the Company.

· Offline or in person, by phone, or through the submission by you of any form or document to the Company, whether the Company receives the form or document via electronic transmission, by mail, in person, or by any other means.

· Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.

· When you interact with our advertising and applications on third party websites and services, of those applications or advertising include links to this policy.

· Any third party, including through any application or content (including advertising) that may link or be accessible from or on the Website.

Where noted in this Privacy Policy, the CCPA temporarily exempts Personal Information reflecting a written or verbal business-to-business communication (“B2B Personal Information”) from some its requirements.

Information We Collect, Why, and How We Use It

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 consumer, household, or device (“Personal Information”). Personal Information does not include:

· Publicly available information from government records.

· Deidentified or aggregated consumer information.

· Information excluded from the CCPA’s scope, including:

o Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA).

We collect Personal Information from the following categories of sources:

· Directly from You – We may collect information you provide to us, or that you authorize a third party to provide to us, including when you submit a rental application or any other form, whether electronic or paper; register on our Website; subscribe to receive alerts, newsletters, or event announcements; communicate with us by phone, e-mail or in person; register for or attend an event; or otherwise communicate with us.

· Indirectly from You – We may use security and surveillance technologies, identity confirmation technologies (such as caller ID) or other data collection technologies, including those described under the heading Automatic Data Collection Technologies, below, to collect Personal Information about you when you visit our properties, use our Websites, or otherwise communicate or interact with our employees and service providers.

· Third Parties – We may obtain Personal Information about you from third parties, including, without limitation, from credit reporting agencies, former employers, former landlords, social media platforms, rental listing companies, and other third party sources.

The categories of Personal Information we have collected in the last twelve (12) months, the source of the information collected and the business purpose for collection are listed in the chart below. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Category

Source of Collection

Business Purpose for Collection:

Categories of third parties to whom we disclose PI for a business purpose

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

C. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, payment history, complaint history, service requests or other purchasing or consuming histories or tendencies.

D. Professional or employment-related information.

Any information relating to a person’s current, past or prospective employment or professional experience (e.g., job history, performance evaluations).

· Directly from You

· Indirectly from You

· Third Parties

· Respond to and process requests, inquiries, applications and payments.

· Provide support, investigate and address concerns, and monitor and improve our responses.

· Maintain the safety, security, and integrity of our Website, properties, services, databases and other technology assets, and business.

· Operate and develop the Website, personalize your experience, and deliver content relevant to your interests, including targeted offers and ads through our Website, third party sites, and via email or text message (with your consent, where required by law).

· Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

· As described to you when collecting your personal information, as otherwise set forth in the CCPA, or with your consent.

· Create anonymous, aggregated or de-identified data.

· Affiliates

· Partners

· Service Providers

· Professional Advisors

· Lenders

· To third parties as directed by you

· Governmental authorities

· Business transfers

E. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status.

We are committed to compliance with all federal, state, and local fair housing laws. We will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws.

· Directly from You

· Indirectly from You

· Third Parties

· Respond to and process requests or inquiries, including requests for reasonable accommodations to allow a tenant full enjoyment of the premises.

· Confirm identity and financial qualifications.

· Provide support, investigate and address concerns, and monitor and improve our responses.

· To help maintain the safety, security, and integrity of our properties, tenants and service providers.

· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

· As described to you when collecting your personal information, as otherwise set forth in the CCPA, or with your consent.

· Create anonymous, aggregated or de-identified data.

· Affiliates

· Partners

· Service Providers

· Professional Advisors

· Lenders

· To third parties as directed by you.

· Governmental authorities

· Business transfers

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

· Directly from You

· Indirectly from You

· Third Parties

· Operate and develop the Website, personalize your experience, and deliver content relevant to your interests, including targeted offers and ads through our Website, third party sites, and via email or text message (with your consent, where required by law).

· Maintain the safety, security, and integrity of our Website, properties, services, databases and other technology assets, and business.

· Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

· Create anonymous, aggregated or de-identified data.

· Affiliates

· Partners

· Service Providers

· Professional Advisors

· To third parties as directed by you.

· Governmental authorities

· Business transfers

G. Geolocation data.

Physical location or movements e.g., derived from GPS coordinates or telemetry data.

· Directly from You

· Indirectly from You

· Operate and develop the Website, personalize your experience, and deliver content relevant to your interests, including targeted offers and ads through our Website, third party sites, and via email or text message (with your consent, where required by law).

· Maintain the safety, security, and integrity of our Website, properties, services, databases and other technology assets, and business.

· Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

· Create anonymous, aggregated or de-identified data.

· Affiliates

· Partners

· Service Providers

· Professional Advisors

· To third parties as directed by you.

· Governmental authorities

· Business transfers.

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

· Indirectly from You

· Maintain the safety, security, and integrity of our properties, services, databases and other technology assets, and business.

· Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

· Affiliates

· Partners

· Service Providers

· Professional Advisors

· To third parties as directed by you.

· Governmental authorities

· Business transfers

I. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

· Directly from You

· To provide the service for which reason you provided the information.

· Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

· To third parties as directed by you.

· Governmental authorities

· Business transfers

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.

· Directly from You

· To provide the service for which reason you provided the information.

· Respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

· To third parties as directed by you.

· Governmental authorities

· Business transfers

Fair Housing Statement

We are committed to compliance with all federal, state, and local fair housing laws and will not discriminate against any person because of race, color, religion, national origin, sex, familial status, disability, or any other specific classes protected by applicable laws.

Sharing Personal Information

We do not share your personal information with third parties without your consent, except in the following circumstances and as described in this Privacy Policy.

Affiliates. We may share your personal information with our corporate parent, subsidiaries, and affiliates, for purposes consistent with this Privacy Policy.

Service providers. We may share your personal information with third party companies and individuals that provide services on our behalf or help us operate the Sites (such as customer support, hosting, analytics, shipping, payment processing, email delivery, marketing, and database management services). These third parties may use your personal information only as directed or authorized by us and are prohibited from using or disclosing your information for any other purpose.

Partners. We may sometimes share your personal information with partners or enable partners to collect information directly via our Sites. For example, we may share your personal information to selected third party entities that may review and use that information to send email messages or contact you in other ways to provide information to you about their products and services. These third parties include, without limitation, residential homebuilders and other businesses.

Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.

Governmental authorities. We may disclose your personal information to law enforcement, government authorities, and private parties as we believe necessary or appropriate to: (a) protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims); (b) enforce the terms and conditions that govern the Webites and our products and services; and (c) protect, investigate and deter against fraudulent, harmful, unauthorized, unethical or illegal activity.

Business transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy or dissolution.

“Sale” of Personal Information. Like many companies, we use services that help deliver interest-based ads to you. We do not interpret the use of these services as a “sale” of your Personal Information to the companies that provide the services. Although we allow the services to collect information from our website users (e.g., online identifiers and browsing activity) so that they can help serve ads more likely to interest you, the information that is shared is either anonymous, aggregated or de-identified, or is shared pursuant to a service provider agreement. To the extent California law treats these services as a “sale” of your Personal Information, the CCPA prohibits third parties who purchase Personal Information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales. Although we do not treat services that help deliver interest-based ads as a “sale” of Personal Information, you may request to opt-out of targeted ads by following the directions set forth in the Targeted Interest-Based Advertising section below.

Except to the extent California law treats services that help deliver interest-based ads as a “sale” of Personal Information, we do not sell, rent, or otherwise make Personal Information commercially available to any third party and we do not share your Personal Information with unaffiliated third parties for promotional or advertising purposes.

Other Information We Collect

Our website and online resources also collect other basic information about you that does not directly identify you, but which may correspond with you or a particular device (“Other Information”). We use this information to learn more about how our Website is used and to improve or enhance the Website. We also use this information to customize the way information on our Website is presented to you. This information includes the IP address of your device; information regarding the pages on our Website that you have visited; time you spent on our Website; date and time of your visits; information about your web browser, device, and operating system; and location of the website visited just before our Website.

How We May Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose, except where we are required to treat Other Information as Personal Information under applicable law. In those situations, we may use and disclose Other Information for the purposes for which we use and disclose Personal Information.

In some instances, we may combine Other Information with Personal Information (such as combining your name with your IP address and information regarding the pages on our Website you have visited). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is so combined.

Automatic Collection Technologies

We use the following automatic collection technologies to collect Other Information, which may or may not be combined with Personal Information:

· Log Files: Most Internet browsers transmit certain information to websites that you visit, such as your IP address, device type, screen resolution, operating system version, and internet browser type and version. This information is gathered automatically and stored in log files. We use this information to ensure that the Website functions properly.

· Cookies: Cookies are text files, containing small amounts of information, which are downloaded to your browsing device (such as a computer or smartphone) when you visit a website. Cookies allow us to recognize your browsing device and preferences and generally help to improve your online experience, as well as to provide us with anonymous information to check the usefulness of, and make improvements to, our Website. Cookies may be placed on your computer and/or mobile device by both us and by third parties with whom we have a relationship, such as web analytics services. You may refuse cookies by activating the setting on your browser. However, if you select this setting, you may not have the same user experience. To learn more about how to manage cookies, visit www.allaboutcookies.org/manage-cookies/ (please note that this website is not connected to us and we are not responsible for its content).

· Web Beacons and Pixel Tags: We may utilize a technology called a “web beacon” or “pixel tag”. We may use web beacons to help determine which email messages sent by us were opened and whether a message was acted upon. Web beacons also help analyze the effectiveness of websites by measuring the number of visitors to a site or how many visitors clicked on key elements of a site.

· Third Party Analytics: We also use automated devices and applications, such as Google Analytics (more info https://support.google.com/analytics/answer/6004245?hl=en-GB) to evaluate the use of our Website. We use these tools to gather non-personal data about users to help us improve our services and user experiences. These analytics providers may use cookies and other technologies to perform their services, and may combine the information they collect about you on our Website with other information they have collected for their own purposes. This Privacy Policy does not cover such uses of data by third parties.

· Do Not Track Signals: We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Your Choices About How We Use and Disclose Your Information

· Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

· Marketing Communications. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending your request to CHPrivacy@crescentheights.com. You can also always opt-out by following the opt-out or unsubscribe instructions at the bottom of the email. Please note that such requests may take up to ten (10) business days to become effective. You may continue to receive service-related and other non-marketing emails. If you receive marketing text messages from us, you may be able to opt-out of receiving further marketing text messages from us by replying STOP to our marketing message, or by contacting us at CHPrivacy@crescentheights.com.

· Telephone Communications. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists as required by applicable law.

· Modify Your Information. You may request to review, correct, update, suppress or otherwise modify any Personal Information that you have previously provided to us through the Website, or object to the use of such Personal Information by us. For your protection, we will only implement requests with respect to the Personal Information associated with the particular individual if we can verify the identity of that individual (see Exercising Access, Data Portability, and Deletion Rights below for verification process). We aim to comply with requests as soon as reasonably practicable.

· Targeted Interest-Based Advertising. Some of the business partners that collect information about users’ activities on or through the Sites may be members of organizations or programs that provide choices to individuals regarding the use of their browsing behavior or mobile application usage for purposes of targeted advertising. You may stop or restrict the placement of cookies on your device or remove them by adjusting your preferences as your browser or device permits. The online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these and learn more about targeted advertising and consumer choice and privacy, at www.aboutads.info/choices/, https://youradchoices.ca/choic..., www.networkadvertising.org/managing/opt_out.asp, and http://www.youronlinechoices.eu/. Alternatively, for some devices you may use your device’s platform controls in your settings to exercise choice.

Please note you must separately opt out in each browser and on each device. Advertisements on third party websites that contain the AdChoices link may have been directed to you based on information collected by advertising partners over time and across websites. These advertisements provide a mechanism to opt out of the advertising partners’ use of this information for interest-based advertising purposes.

If you choose to opt-out of targeted advertisements, you will still see advertisements online but they may not be relevant to you. Even if you do choose to opt out, not all companies that serve online behavioral advertising are included in this list, so you may still receive some cookies and tailored advertisements from companies that are not listed.

Important Information for California Residents

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights. These rights are not absolute and, in certain cases, we may decline your request as permitted by law.

Information, Access and Deletion Rights

Information Rights

You have the right to request the following information about how we have collected and used your Personal Information during the past 12 months: (a) the categories of Personal Information we have collected about you; (b) the categories of sources from which we collected Personal Information; (c) the business or commercial purpose for collecting and/or selling Personal Information; (d) the categories of third parties with whom we share your Personal Information; (e) whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third party recipient; and (f) whether we have sold your Personal Information, and if so, the categories of Personal Information received by each category of third party recipient.

We do not provide these Information Rights for B2B Personal Information.

Access Rights

You have the right to request a copy of the Personal Information that we have collected about you during the past 12 months.

Deletion Request Rights

You have the right to ask us to delete any of your Personal Information that we have collected from you and retained, subject to certain exceptions (“Deletion Request”). 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, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, 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.

We do not accept Deletion Requests for B2B Personal Information.

Exercising Information, Access and Deletion Rights

You, or someone legally authorized to act on your behalf, may exercise your rights described above by:

· Calling us at 888 921 0116

· E-mailing your request with the information required below to: CHPrivacy@crescentheights.com

We will need to confirm your identity to process your requests to exercise your information, access or deletion rights. We cannot process your request if you do not provide us with sufficient detail to allow us to verify your identity, and understand and respond to the request. A California resident can empower an “authorized agent” to submit request on his/her behalf. We will require the authorized agent to have a written authorization confirming authority. Parents or Guardians can submit a request on behalf of a minor child.

The Personal Information you provide with your request will only be used to verify your identity. Please note that the CCPA limits these rights by, for example, prohibiting us from providing certain sensitive information in response to an access request and limiting the circumstances in which we must comply with a deletion request. If we deny your request, we will communicate our decision to you.

Third Party Sites

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site to which this Website contains a link. Please read the terms, conditions and policies of such third party sites before accessing or using such sites. The inclusion of a link on the Website does not imply any endorsement of the linked site by us or by our affiliates.

Security

To prevent unauthorized access, improper use or disclosure, unauthorized modification or unlawful destruction or accidental loss, and to ensure the correct use of information, we employ physical, technical and administrative procedures to safeguard this Website and the personal information we collect. All of our employees and any third parties we employ to process your personal information are obliged to respect its confidentiality. However, transmission of information through the internet is not secure. Although we seek to protect your information as described above, we cannot guarantee the security of any information you transmit to the website or to us, and you transmit such information at your own risk. Please do not send sensitive or confidential information to us by email or by any other means in connection with the Website. If you have reason to believe that your communications with us have been compromised in any way, please immediately notify us of the problem by contacting us as provided in the “Contacting Us” section below.

Retention Period

We will retain your Personal Information and Other Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

Use Of Site By Minors

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us using the information provided in the “Contacting Us” section below.

Governing Law and Jurisdiction

All matters relating to the Website and the Privacy Policy, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction). This Website is operated, in whole or in part, from the united States. By using this Website, regardless of where you live in the world, you consent to have any Personal Information you provide through this Website transferred to and processed in the United States, and allow us to use and collect your Personal Information in accordance with this Privacy Policy. Text on this Website may be published in languages other than English. In all instances, the English language version of any text, including this Privacy Policy, controls the legal impact and interpretation of this Website and its use.

Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using our Website you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those in your country.

Sensitive Information

We ask that you not send us, and you not disclose, any sensitive information (e.g., Social Security numbers, credit card or other payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership), or other information you consider to be confidential, on or through the Website or otherwise to us.

Contacting Us

If you have any questions or comments about this notice, the ways in which we collect and use your information described here, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: 888 921 0116

Email: CHPrivacy@crescentheights.com

Postal Address:

399 Congress, LLC

Attn: Legal Department

2200 Biscayne Boulevard

Miami, FL 33137