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PRIVACY POLICY

Effective Date: January 1, 2020
Last Updated: August 18, 2020

I. Introduction

West Capitol Commons, LP, its parents, affiliates and subsidiaries (collectively, “Capitol Yards,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the information you provide to us in using our website www.thecapitolyards.com and the websites that link to this Privacy Policy (collectively, the “Site”), the services provided through our Site, and the mobile applications we offer (collectively, the “Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

II. Collecting and Using Information

Section 2.01 Personally Identifiable Information We Collect Online

We may collect Personally Identifiable Information from you through your use of the Site and Services. “Personally Identifiable Information” is individually identifiable information about an individual consumer that we collect online and that we maintain in an accessible form. We collect the following types of Personally Identifiable Information:

Information You Provide

We may collect the following Personally Identifiable Information that you voluntarily provide to us:

  • Contact Us. When you complete the Contact Us webform on our Site, you will provide us your first and last name, email address, telephone number, and any additional Personally Identifiable Information that you choose to provide.
  • Text/SMS. When you sign up to receive text messages and phone calls through our Site, you will provide us your first and last name, telephone number, and any additional Personally Identifiable Information that you choose to provide.
  • Schedule a Tour. When you schedule a tour through our Site, you will provide us your first and last name, email address, and any additional Personally Identifiable Information that you choose to provide, including your telephone number.
  • Email Communications. When you sign up for our marketing communications, you will provide us your email address.
  • Applicant Login. When you register for an Applicant Account, you will provide us your first and last name, email address, password, and may provide us your telephone number. You will login with your username (email address) and password.
  • Resident Login. When you register for a Resident Account, you will provide us your first and last name, email address, password, and a security question and answer. You will login with your username (email address) and password. Within your Resident Account, you may provide us payment information to make online rent payments.
  • Complete an Application. When you complete an application on our Site, you will provide us your first and last name, email address, physical address, current employment status, date of birth, social security number, driver’s license number (including uploading a copy), and signature, and you may provide us your telephone number, marital status, gender, prior physical address, employment history, license plate number(s), and emergency contact. Upon submitting an application on our Site, you will provide us payment information, such as credit card and bank account and routing numbers, for the application fee and deposit.

Information as You Navigate Our Site

We automatically collect certain Personally Identifiable Information through your use of the Site and Services, such as the following:

  • Usage Information. We collect information automatically such as which of the pages on the Site you access, the frequency of access, and what you click on while on the Site.
  • Device Information. We collect information about the device you are using, hardware model, operating system, application version number, and browser.
  • Mobile Device Information. In addition to the Device Information listed above, when you access our Site via a browser on your mobile device, we collect and aggregate information about whether you are accessing the Site via a mobile device or tablet, device type, and carrier.
  • Location Information. We collect location information from Site visitors on a city-regional basis.

Third-Party Information

In some cases, we may receive certain Personally Identifiable Information from you about a third party. For example, as part of the application process on our Site, you may provide the name of an additional applicant and the name, telephone number, and physical address of your emergency contact, each third parties. If you submit any Personally Identifiable Information about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personally Identifiable Information in accordance with this Privacy Policy.

Section 2.02 How We Use Your Personally Identifiable Information

We use the Personally Identifiable Information we collect to provide the Services to you, to improve our Services and Site, and to protect our legal rights. In addition, we may use the Personally Identifiable Information we collect to:

  • Process your account registration;
  • Perform screening services as part of your application;
  • Contact you regarding our listings, events, special offers and promotions, and services that we feel may be of interest to you;
  • Communicate with you about our Site or Services or to inform you of any changes to our Site or Services;
  • Provide support;
  • Maintain and improve our Site and Services;
  • Defend our legal rights and the rights of others;
  • Efficiently maintain our business; and
  • Comply with applicable law.

Section 2.03 How We Share Your Personally Identifiable Information

We may share the information that we collect about you in the following ways:

  • With service providers who perform data or Site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
  • To service providers to prepare, deploy and analyze advertising content;
  • To the extent that we are required to do so by law;
  • In connection with any legal proceedings or prospective legal proceedings;
  • To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
  • To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personally Identifiable Information;
  • To any other person or entity as part of any business or asset sale; and
  • To any other person or entity where you consent to the disclosure.

III. Cookies and Other Tracking Technologies

Section 3.01 How We Use Cookies

Like many other companies, we use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”). “Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We use Cookies to:

  • Estimate audience size and usage patterns;
  • Understand and save your preferences for future visits, allowing us to customize the Site and Services to your individual needs;
  • Advertise content and services that relate to your interests;
  • Keep track of advertisements and search engine results;
  • Compile aggregate data about Site traffic and Site interactions to resolve issues and offer better Site experiences and tools in the future; and
  • Recognize when you return to the Site.

We set some Cookies ourselves and others are set by other entities. We use Cookies set by other entities to provide us with useful information to help us improve our Site and Services, to conduct advertising, and to analyze the effectiveness of advertising.

Section 3.02 How You Can Opt-Out of Cookies

Browser Settings

Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Site.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org.

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised.  Therefore, you will need to opt out on every browser and device that you use.

IV. Third-Party Processors

To ensure that your Personally Identifiable Information receives an adequate level of protection, we have put in place appropriate procedures with the service providers we share it with to ensure that it is treated consistent with applicable data security and privacy laws. For example, we use service providers to process your debit and credit card and/or bank account transactions.

V. Google Analytics

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.

VI. Google reCAPTCHA

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.

VII. “Do Not Track” Signals

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

VIII. Choices About Your Personally Identifiable Information

Section 8.01 Marketing Communications

To unsubscribe from marketing emails from us, click the unsubscribe link included in the footer of our emails or login to your account and change your preferences under My Profile. Please note that, even after unsubscribing, we may still need to email you with important transactional or administrative information.

IX. Security

We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security.

X. Third Party Links

The Site may contain links that will let you leave the Site and access another website. Linked websites that do not direct to this Privacy Policy are not under our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information that is acquired by us on this Site and Services. We accept no responsibility or liability for these other websites.

XI. Children’s Privacy

The Site and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.

XII. Notice to Nevada Residents

Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to [email protected].

XIII. Notice to California Residents

The California Consumer Privacy Act (CCPA) requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information.  This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents.  If you are not a California resident, this does not apply to you and you should not rely on it.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information. For purposes of this Notice to California Residents” section we will refer to this information as “Personal Information.”

Section 13.01 Right to Know About Personal Information Collected, Disclosed, or Sold

If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you in the 12 months preceding your request. This right includes the right to request any or all of the following:

  1. Specific pieces of Personal Information that we have collected about you;
  2. Categories of Personal Information that we have collected about you;
  3. Categories of sources from which the Personal Information was collected;
  4. Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;
  5. Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and
  6. The business or commercial purpose for collecting or, if applicable, selling Personal Information.

Collection of Personal Information

We currently collect and, in the 12 months prior to the “last updated” date of this Privacy Policy, have collected the following categories of Personal Information about California residents directly from them and from referral services:

  • Identifiers (name, alias, postal address, internet protocol address, online identifier (e.g., username), email address, Social Security number, and driver’s license number)
  • Unique personal identifiers (cookies, beacons, pixel tags, or other similar technology)
  • Telephone number
  • Signature
  • Bank account number
  • Credit and debit card number
  • Insurance policy number
  • Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement)
  • Professional or employment-related information (including employment history)
  • Imagery of face (i.e., photographs)
  • Characteristics of protected classifications (sex/gender, age (40 and older), and marital status)

In addition to the purposes stated above in the section “Collecting and Using Information,” we currently collect, and have collected and sold, the above categories of Personal Information for the following business or commercial purposes:

  • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;
  • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services; and
  • Advancing a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, or subscribe to, products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.

Disclosure or Sale of Personal Information

The following table identifies the categories of Personal Information that we disclosed for a business purpose to service providers or sold to third parties in the 12 months preceding the “last updated” date of this Privacy Policy and, for each category, the category of service providers or third parties to whom the Personal Information was disclosed or sold:

Category of Personal Information

Category of Service Providers

Category of Third Parties

Name and email address

Property manager; package/service request portal; customer relationship management provider; website host provider; payment processor; renters' insurance provider; application processing and screening provider; utilities; legal services provider; collections agencies

Advertising agencies

Driver’s license number

Package/service request portal

 

Social security number

Application processing and screening provider

 

Unique personal identifiers (cookies, beacons, pixel tags, or other similar technology) and Internet or other electronic network activity information (browsing history; search history; and information regarding consumer’s interaction with website, application or advertisement)

Data analytics provider; property management software provider for maintenance and package delivery requests/notifications

Advertising agencies

Telephone number

Property manager; package/service request portal; customer relationship management provider; website host provider; payment processor; renters’ insurance provider; application processing and screening provider; utilities; legal services provider; collections agency

 

Postal address

Property manager; package/service request portal; customer relationship management provider; website host provider; payment processor; application processing and screening provider; utilities; legal services provider; collections agency

 

IP address

Package/service request portal; payment processor; customer relationship management provider; website host provider; application processing and screening provider; data analytics provider

 

Credit and debit card number; bank account number

Payment processor; online resident account host

 

Insurance policy number

Package/service request portal; online resident account host; renters’ insurance provider; our insurance provider

 

Age; marital status; gender

Online resident account host; application processing and screening provider

 

Signature

Package/service request portal; online resident account host; application processing and screening provider; collections agency

 

Employment history; professional or employment-related information

Online resident account host; application processing and screening provider; collections agency

 

Imagery of face (i.e., photographs)

Property management software provider for maintenance and package delivery requests/notifications; smart key system

 

 

We do not knowingly sell the Personal Information of minors under 16 years of age.

Section 13.02 Right to Request Deletion of Personal Information

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected. However, we are not required to comply with a request to delete if it is necessary for us to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

Section 13.03 How to Submit a Request to Know or Delete

You may submit a request to know or delete through our interactive webform available here, by emailing us at [email protected], or by contacting us toll-free at 1-800-505-1381.

Section 13.04 Our Process for Verifying a Request to Know or Delete

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us.

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure or deletion as applicable.

For requests to know categories of Personal Information and for requests to delete Personal Information that is not sensitive and does not pose a risk of harm by unauthorized deletion, we will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

For requests to access specific pieces of Personal Information or for requests to delete Personal Information that is sensitive and poses a risk of harm by unauthorized deletion, we will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable for the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

Section 13.05 Right to Opt-Out of Sale of Personal Information

If you are a California resident, you have the right to direct us to stop selling your Personal.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

You may submit a request to opt-out of sales through our interactive webform available by clicking on this link: “Do Not Sell My Personal Information.” You also may submit a request to opt-out of sales by emailing us at [email protected] or by contacting us toll-free at 1-800-505-1381.

Section 13.06 Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.

Section 13.07 Authorized Agents

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above.  After submitting the request, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California resident.

Section 13.08 Shine the Light Law

We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

XIV. Accessibility

We are committed to ensuring this privacy policy is accessible toindividuals with disabilities. We are continuously working to improve the accessibility of our web experience and we welcome feedback and accommodation requests. If you wish to report an issue or seek an accommodation, please contact us as described below.

XV. How to Contact Us

For questions or concerns about our privacy policies or practices please contact us at:

Capitol Yards
c/o The Wolff Company II, LLC
6710 E. Camelback Rd., Suite 100
Scottsdale, AZ 85251

Email: [email protected]