Resident Maintenance Communications Privacy Policy

1. Introduction

This Privacy Policy applies to you if you are a current, former, or prospective resident of a community we manage. Throughout this Privacy Policy, “you” and “your” refer to that person.

It covers the communications we send you, including text messages, telephone calls, and email, together with the information we collect and use in order to send them and to keep a record of your consent.

2. What Types of Personal Information Do We Collect?

Information We Collect from Residents

As a resident of a community we manage, we may collect the following categories of information about you:

• Contact information, such as name, address, location, email, and telephone number, including your mobile phone number
• Communications information, such as the content, timing, and delivery status of text messages and telephone calls between you and us, including call recordings, transcriptions, and routing information
• A record of your consent to receive text messages, including the date and time it was given, the method by which you gave it, and the language you agreed to, together with your opt-out status if you later choose to stop receiving messages

‍Information We Collect from Third Parties

We do not buy, rent, or otherwise obtain mobile phone numbers or SMS consent from data brokers, list vendors, affiliates, or any other third-party source. Your mobile number and your consent come from you.

3. How Do We Use Personal Information?

We use your personal information as follows:

• To communicate with you about your tenancy and about the community where you live
• To keep you updated on your maintenance and work order requests
• To send you the service-related text messages described in Section 5, and to keep the record of your consent to receive them
• To reach you about safety, emergency, and building operations matters
• For troubleshooting problems with message delivery and improving the communications we send you
• For detecting and protecting against error, fraud or other criminal activity
• We may use de-identified and aggregated information in connection with our business

We do not use your mobile phone number, your SMS opt-in data, or your consent status for marketing or promotional purposes, for tailored or interest-based advertising, or in any de-identified or aggregated data set used for marketing.

4. How Do We Share Personal Information?

Affiliates and Service Providers. We share your information with our third-party service providers and any subcontractors as required to offer you our products and services. For example, we use service providers to operate our resident communications, to deliver text messages on our behalf, and to carry out maintenance and repairs at your community. These providers may use your information only to perform those services for us.

De-identified and Aggregated Information. Information that has been de-identified and aggregated is no longer considered personal information that can be directly associated with any specific individual. We may share and disclose such information.

Third Party Links and Websites. Messages we send you may contain links to websites operated by third parties. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any data to these websites.

Disclosures Required by Law. We may be required to disclose your data in response to lawful requests by public authorities, including to meet law enforcement requirements. We may be under a duty to disclose or share your personal information in order to comply with any legal obligation, to enforce or apply our terms and conditions and other agreements, to protect our rights, property, or safety, or the protect the rights, property, or safety of others. This includes exchanging information. A disclosure compelled by law is not a sharing of information for any commercial, marketing, or promotional purpose.

Text Messaging Originator Opt-In Data and Consent. All of the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties. These restrictions apply to every method of transfer. Mobile phone numbers, SMS opt-in data, and consent status are not sold, rented, leased, licensed, disclosed, or otherwise transferred to any third party, affiliate, related business, or partner for marketing or promotional purposes, whether or not any payment or other consideration is exchanged. The one narrow exception, which is the vendors who transmit the messages on our behalf, is described in Section 5 below.

5. Text Message and Voice Communications

We use your mobile phone number to send you text messages about your tenancy and about the community where you live. We collect your number, and your consent to be texted, directly from you.
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How We Collect Your Consent

We collect your mobile phone number and your consent directly from you, through one or more of the following: your lease or move-in paperwork, including any resident communication opt-in agreement; your resident portal or an online form we provide; a written or verbal request you make to the management office at your community; or your own text message to a number we have published to you.
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What We Send You

Text messages from us are service and transactional messages only. They may include confirmation and status updates on maintenance and work order requests, appointment scheduling and technician arrival notifications, building and community operations notices, emergency and safety notifications, and account, tenancy, and lease-related notices. We do not send marketing, promotional, or advertising text messages.

Message frequency varies based on your requests and on events at your community. Message and data rates may apply.
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How to Stop Receiving Messages

You may opt out of these messages at any time by replying STOP to any message we send, or by asking the management office at your community to remove your number. Please note that opting out will stop us from sending you text updates about your open maintenance requests. If you have an open request and you have opted out, contact the management office at your community directly. Opting out of text messages has no effect on your tenancy, your lease, or the service you receive.
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Data Sharing and Privacy

We will only use your mobile number for the purposes for which it was provided. Your mobile information will not be sold or shared with third parties for promotional or marketing purposes. We will not share your opt-in to an SMS campaign with any third party for purposes unrelated to providing you with the services of that campaign. We may share your Personal Data, including your SMS opt-in or consent status, with third parties that help us provide our messaging services, including but not limited to platform providers, phone companies, and any other vendors who assist us in the delivery of text messages. Those vendors are contractually restricted to using the information solely to transmit messages on our behalf and may not use it for their own purposes. Text messaging originator opt-in data and consent is excluded from every other category of sharing described in this Privacy Policy. These restrictions apply to every method of transfer. Mobile phone numbers, SMS opt-in data, and consent status are not sold, rented, leased, licensed, disclosed, or otherwise transferred to any third party, affiliate, related business, or partner for marketing or promotional purposes, whether or not any payment or other consideration is exchanged. All text message and voice communications we send you are transactional and service-related only. No marketing, promotional, or advertising messages are sent through these channels. 
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Your Obligations

You shall comply with all laws, rules and regulations now or hereafter promulgated by any government authority or agency that are applicable to your use of the Services, the messages or content you post or send through the Service, or the transactions contemplated in this Agreement, including without limitation, the Telephone Consumer Protection Act of 1991 (“TCPA”), and all industry standards, self-regulatory guidelines and best practices, including without limitation as promulgated by the Cellular Telecommunications Industry Association (“CTIA”). As between you and us, you are solely responsible for compliance with all such laws with respect to your use of the Services, and any messages or content you post or send through the Service.

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6. Your Privacy Choices (Including CCPA)

Please contact us if you would like to request access and/or make any changes to your personal information.

Marketing Opt-Out. Where we send you newsletters or other non-essential communications by email, you may opt out by following the unsubscribe instructions in any email we send, or by contacting us using the details in the “Contact Information” section below. This does not apply to the service-related text messages described in Section 5, which are never marketing communications and which you may stop at any time by replying STOP. You will continue to receive notices we are required to send you about your tenancy.

Exercising Your Privacy Rights. We have listed the privacy rights for several jurisdictions below, but we understand you may have additional rights in your jurisdiction. You may contact us directly at any time about exercising your data protection rights. We will consider your request in accordance with applicable laws.

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California Privacy Rights

If you are a California consumer, you have the following rights under the California Consumer Privacy Act of 2018 (CCPA): the right to know what personal information is being collected about you; the right to know whether your personal information is sold or disclosed and to whom; the right to say no to the sale of personal information; the right to access your personal information; the right, in certain circumstances, to delete the information you have provided to us; and the right to equal service and price, even if you exercise your privacy rights.

Request for Information and Deletion (CCPA). California consumers have the right to request, up to twice in a 12-month period, that a business that collects personal information about the consumer disclose the categories of personal information collected, the categories of sources, the business or commercial purpose for collecting it, the categories of third parties with whom it is shared, the categories sold or disclosed and to whom, and the specific pieces of personal information collected. We have the right to request verification of your identity for all requests for information.

Do Not Sell My Personal Information (CCPA). California consumers have the right to opt out of the sale of the consumer's personal information. We do not sell your personal information. We do not share personal information for cross-context behavioural advertising. Your mobile phone number, SMS opt-in data, and consent status are never included in any sharing that may be considered a sale or a sharing under the CCPA. That information is used only to deliver the service-related messages you have consented to receive, and is disclosed only to the vendors who transmit those messages on our behalf.

Third Party Marketing. California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your personal information to third parties for the third parties' direct marketing purposes. We do not disclose your personal information to third parties for the third parties' direct marketing purposes.

7. Legal Bases for Processing (EEA and UK Individuals)

If you are from the European Economic Area or United Kingdom, our legal bases for collecting and using your Personal Information is as follows:

• The performance of our contract with you, or to enter into that contract and to take action on your requests. For example, we may process information to manage your tenancy, to action a maintenance request, or to contact you about your account
• Our legitimate business interests. For example, fraud prevention, maintaining the security of our network and services, and improvement of our services
• Compliance with a mandatory legal obligation. For example, accounting and tax requirements, which are subject to mandatory retention periods. We may also collect your Personal Information to record your requests to exercise your rights and to verify your identity for such requests
• Consent you provide where we do not rely on another legal basis. Consent may be withdrawn at any time
• In some limited cases, we may also have a legal obligation to collect Personal Information from you, in response to lawful requests by public authorities, including to meet law enforcement requirements, as described above in “How Do We Share Personal Information?”

9. International Transfers of Data

Any data that you provide to us may be accessed, shared or processed by our offices, located in the United States, and service providers located in the United States, if such data transfer is necessary for the specific purpose for which you submitted your data (such as managing your tenancy or delivering the communications you have consented to receive).

This may entail a transfer of your personal information across international borders. The data protections standards may differ and be lower than the standards enforced in your jurisdiction. We maintain appropriate safeguards as required by applicable law for any personal information transferred internationally, and as required by applicable law, will seek your consent prior to such transfers.

10. Children’s Privacy

Our resident communications, including our text messaging program, are not directed at individuals under the age of 16. We do not knowingly collect personal information from children under 16 for these purposes. If you become aware that a child has provided us with personal information, please contact us using the contact details provided in the “Contact Information” section below. If we become aware that a child under 16 has provided us with personal information, we will take steps to delete such information.

11. Change of Control

Personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change in control. If we sell, merge or transfer any part of the business, part of the sale may include your personal information. Your mobile phone number, SMS opt-in data, and consent status are excluded from any such transfer, except where the successor entity adopts this Privacy Policy in full and continues to operate the same messaging program for which your consent was given. In no case will that information be transferred to a successor or to any other party for marketing or promotional purposes, or for any purpose unrelated to the messaging program you consented to. A successor that wishes to use your mobile number for any other purpose must obtain your consent first.

12. How Do We Protect Personal Information?

We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. For example, when possible, we use encryption to transfer and store data. We further limit access to this data using access controls and confidentiality commitments.

However, no website, application, or transmission can guarantee security. Thus, while we have established and maintain what we believe to be reasonable procedures to protect the confidentiality, security, and integrity of personal information we hold about you, we cannot ensure or warrant the security of any information you transmit to us.

13. Policy Changes

We may change our Privacy Policy at any time. We encourage you to periodically review this Privacy Policy to ensure you are familiar with the most current version. The current version is always published at this address, and the date at the top tells you when it last changed.