2. Users under the Age of 18
A. The Website is not intended for users under 18 years of age, and we do not knowingly collect personal information from users under 18. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us.
3. Information We Collect and How We Collect It
A. We may collect information from and about users of the Website directly from you when you provide it to us and/or automatically when you use the Website.
B. Information You Provide to Us.
i. When you use the Website, we may ask for you to provide information by which you may be personally identified, such as, but not limited to, name, postal address, email address, telephone number, geolocation, mobile device identification number, or any other identifier by which you may be contacted online or offline (“personal information”), or that is about you but individually does not identify you.
ii. This information includes: (a) information that you provide by filling in forms in the Website. This includes information provided when posting material and requesting information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Website; (b) records and copies of your correspondence (including email addresses and phone numbers), if you contact us; (c) your responses to surveys that we might ask you to complete for research purposes; (d) details of transactions you carry out through the Website; and, (e) your search queries on the Website.
iii. You may provide information to be published or displayed (“Posts” or “Posted”) to other users on or through the Website (collectively, “Content”). Your Content and Posts may be transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons.
iv. In the event that we provide you with social media login capability, In order to register as a user with us, you may be asked to sign in using your Facebook or other social media site (“SMS”) login. If you do so, you authorize us to access certain SMS account information, such as your public SMS profile (consistent with your privacy settings in SMS), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your SMS friends who might be common SMS friends with other users. You will also be asked to allow us to collect your location information from your device when you use the Website. In addition, we may collect and store any personal information you provide while using the Website or in some other manner. This may include identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. You may also provide us photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you chat with other users, you provide us the content of your chats, and if you contact us with a customer service or other inquiry, you provide us with the content of that communication.
C. Automatic Information Collection and Tracking.
i. When you access the Website, technology may be used to automatically collect certain information, including, but not limited to:
- Usage Details. When you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Website.
- Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number. Web servers, the main computers that serve up web pages, automatically identify your computer by its IP address. As permitted under applicable law, Gables collects IP addresses for the purposes of system administration, gathering and analyzing aggregated information, creating a better experience for users and auditing the use of our site. We do not normally link IP addresses to anything personally identifiable, which means that your session will be logged, but you remain anonymous to us. We will seek to link your IP address when we feel it is necessary to protect this site and other users from harm and to prevent criminal misconduct.
- Stored Information and Files. The Website also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
- Location Information. The Website may collect real-time information about the location of your device.
ii. We also may use technologies to collect information about your usage of the Website over time. If you do not want us to collect this information either cancel your account or do not access the Website.
D. Information Collection and Tracking Technologies.
i. The technologies we use for automatic information collection may include:
- Cookies (or mobile cookies). A cookie is a small file placed on your smartphone, tablet, or other computing device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your device or you can opt out of Cookie usage at time of Website access. If however you select this setting you may be unable to access certain parts of the Website.
- Web Beacons. Pages of the Website or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).
4. Third-Party Information Collection
A. Aggregated and/or non-personal information. We may use and share non-personal information we collect under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Website and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. To opt-out of cookies that may be set by third party data or advertising partners, please go to www.aboutads.info/choices/.
B. When you use the Website or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, etc.
C. These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
D. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
5. How We Use Your Information
A. We use information collected about you or that you provide to us, including any personal information, to:
- Provide you with the Website and its contents, and any other information, products or services that you request from us.
- Fulfill any other purpose for which you provide it.
- Give you notices about your account or subscription, including expiration and renewal notices.
- Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
B. The usage information we collect helps to learn more about our visitors and residents to improve the Website and to deliver a better and more personalized experience by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize the Website according to your individual interests.
- Speed up your searches.
- Recognize you when you use the Website.
C. We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. We may use the information we collect to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
6. Disclosure of Your Information
A. We may disclose aggregated information about our users without restriction. In addition, we may disclose personal information that we collect or you provide:
- To our subsidiaries and affiliates.
- To contractors, service providers, content providers, and other third parties we use to support our business.
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about the Website users is among the assets transferred.
- To third parties to market their products or services to you.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
- To comply with any court order, law or legal process, including responding to any government or regulatory request.
- Gables reserves the right to disclose information if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
7. Accessing and Correcting Your Personal Information
A. You can review and seek to change your personal information by sending us an email as noted below in section 14. Contact Information, (e.g., to request access to, correct, or delete your personal information). We may not be able to delete your personal information except by also deleting your user account. We may not accommodate a request to change or delete information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. If you delete your Content or posts from the Website, copies may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. As we develop our business, we might buy or sell businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the disclosed and/or transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such disclosure and/or transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.
8. Social Media Plug-ins
9. Your California Privacy Rights
A. California Civil Code Section 1798.83 permits users of the 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 contact us as noted below in section 14. Contact Information.
- make verifiable “requests to know” which of their personal information, categorically or specifically, is collected and with whom the information is shared by us, for what business purpose, and the sources of the respective information;
- make verifiable “requests to delete” their personal information as collected by us;
- use authorized agents to exercise their rights under the CCPA;
- request these CCPA Notices in an alternative format by calling us at 1-888-965-0330; and,
- exercise their rights under the CCPA free of discrimination by us including, but not limited to: denying goods or services to the Consumer; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services to the Consumer; suggesting that the Consumer will receive a different price or rate for goods or services or a different level or quality of goods or services.
Consumers may make CCPA requests by contacting us at 1-888-965-0330 or by completing this webform: https://www.gables.com/ccpa-privacy-request. Before we can honor any such requests, we must confirm that the requesting party is the Consumer whose information is sought or a person authorized to act on that Consumer’s behalf. If a requesting party is an online account holder with a password-protected account, it may be necessary for the account to be accessed by the requesting party to confirm the request(s). In addition, depending on the type of request and the categories of information subject to the request, we will request verifying information from the requesting party such as identifiers or commercial information (e.g., service history) already known to or collected by us. Receipt of the request(s) will be confirmed within 10 days and initial responses can be expected within 45 days.
10. Data Security
A. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. You should not share your password with anyone. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Website. Any transmission of personal information is at your own risk.
11. DMCA Notification
i. A description of the copyrighted work or other intellectual property that you claim has been infringed;
ii. A description of where the material that you claim is infringing is located on the Website (including the exact URL);
iii. An address, a telephone number, and an e-mail address where we can contact you;
iv. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
v. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and,
vi. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.
B. We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to Gables Residential, Attn: Legal and Compliance; Email: Privacyrequest@gables.com
C. We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Website more than twice.
12. Privacy Concerns
A. If you have any concern or complaint about privacy on the Website please contact us as outlined below in section 14. Contact Information. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.
13. Email Consent and OPT-OUT
14. Contact Information
B. You may also contact us by mail at Gables Residential, Attn.: Data Privacy, 3399 Peachtree Road, Suite 600, Atlanta, GA 30326. If you contact us by mail, your communication should clearly be marked as a “Data protection query” and as being “Time sensitive”.
15. GDPR Compliance
i. Types of Personal Data Processed: Please see section 3 B. Information You Provide to Us, and section 3 C. Automatic Information Collection and Tracking.
ii. Purpose and Legal Basis for Processing: We process Personal Information for our legitimate interest of operating a website to make users aware of our products and services, as more fully described in the section 3 B. Information You Provide to Us.
iii. Recipients: We may transfer Personal Information to other Gables entities and to service providers of Gables and its affiliates who host and/or provide our IT system. We may also transfer Personal Information to third-party professional advisors who provide accounting, consultancy and legal services to us. Please also see section 5. How We Use Your Information.
iv. Personal Information Retention: We will generally hold (but are not under an obligation to hold) marketing/registration Personal Information for a period of 7 years from the later of its submission to us or its last active use by you. There are some circumstances when we may be under a requirement to hold your Personal Information for a longer or shorter period Please use the information in section 14. Contact Information, if you would like to discuss this further.
- Data Subject Rights: See sections 13. Email Consent and Opt-Out.
- Correcting and De-Activating Personal Information: You have the right, freely and at reasonable intervals, to request that Gables inform you as to whether Personal Information relating to you is being processed. You have the right to request that Gables correct, supplement, delete or block your Personal Information in the event that the data are factually inaccurate, incomplete or irrelevant to the purposes of the processing activities or if the Personal Information is being processed in any other way which infringes a legal provision. If you wish to exercise your rights or if you have any questions or suggestions regarding the use, collection, or security of your Personal Information, please contact us using the contact details in section 14. Contact Information. When a request for user deletion is received, we will make all reasonable efforts to purge that data from our systems. Due to the nature of our service, some information may not be fully removed due to backups or archived copies; however, such information will only be used for the purpose of performing a contract that the user has entered into with us. In addition to these rights, you may have data portability rights. Please use the details in the section 14. Contact Information to get in touch with us about any of your rights.