By using RentCafe.com (RentCafe ILS) or any property websites powered by RentCafe (RentCafe Portal) (collectively, "RentCafe"), you accept and agree to be bound by the latest version of the RentCafe Terms of Service (posted at https://resources.yardi.com/legal/rentcafe-terms-of-service/ ), which are between you and RentCafe (not the property) and will be updated from time to time. The property may have its own terms and conditions that apply between the property and you.
Yardi Systems, Inc. and its affiliated entities (“Yardi”) is committed to protecting the privacy of individuals and achieving and maintaining the trust of our clients (“Yardi Clients” or “Clients”), users of and visitors to the Yardi websites listed below (collectively, “Visitors”), and other users of smart hardware or devices hosted by Yardi as described below. Central to this mission is providing a robust security and privacy program that carefully considers data protection matters across the suite of products and services offered by Yardi (“Yardi Services” or “Services”), including data stored by Yardi on behalf of its Clients and their customers in connection with our Services (“Client Data”), and with respect to “personal data,” as defined by the European General Data Protection Regulation (“GDPR”), and “personal information,” as defined by the California Consumer Privacy Act of 2018 (“CCPA”) (collectively, “personal information”).
Web Sites Covered
This Privacy Statement describes our privacy practices regarding information we collect from individuals (“you” or “your”) who visit Yardi’s Internet Listing Service (ILS) websites and associated Yardi microsites (including, but not limited to CommercialCafe, CommercialEdge, RentCafe, and StorageCafe) and any other Yardi-controlled websites that link to this Privacy Statement (collectively, the “Yardi Sites”). When we collect personal information on the Yardi Sites, certain additional disclosures that are specific to the context of our collection and use of the information being collected (e.g. a registration page), may be provided to you. For the avoidance of any doubt, we will adhere to those commitments and any such additional privacy policy statements are hereby incorporated into this Privacy Statement.
Hardware Covered
Yardi may license Yardi’s Home IQ services to allow Clients to use smart locks, smart thermostat hardware devices, and/or other compatible wirelessly connected smart devices (as may be applicable) (collectively, the “Home IQ Device(s)”), together with a Yardi gateway hub (the “Home IQ Hub”) installed in each applicable unit, and any related Yardi-hosted software functionality to provide smart home functionality in each applicable unit. This Privacy Statement describes our privacy practices regarding information we collect from individuals that use such Home IQ Devices or the Home IQ Hub.
IMPORTANT: THIS PRIVACY NOTICE DOES NOT APPLY TO CLIENT DATA. Yardi’s confidentiality/privacy and other obligations with respect to its Services, and Client Data (which is data collected and controlled by Yardi Clients as part of Yardi’s cloud services), are governed solely by the agreements under which the Services are provided to our Clients. The traditional licensees of Yardi Services are residential and commercial real estate property owners and property managers (again, collectively, as used in this Privacy Notice, “Yardi Clients” or “Clients”). Yardi generally has no direct relationship with the individuals to whom our Clients’ Client Data may pertain; Yardi merely hosts or processes such data on behalf of our Clients.
If you have any questions about the data practices of a Yardi Client that uses Yardi Services to process your personal information, please contact the Yardi Client directly. To reach out to your property manager, simply look up your apartment community on RentCafe – first choose your city and you’ll then have the option to perform a search by property name. Once you’ve found your apartment community, you will see helpful information listed (phone no. included) that you can use to contact your property manager.
Web Sites Not Covered
This Privacy Statement does not apply to personal information collected by Yardi Clients using Yardi Services. For example, some Yardi Services enable Yardi Clients to create websites and applications of their own that run on the Yardi platform. The terms of service and privacy notice of the Yardi Client govern such websites and applications. If you submitted personal information to a Yardi Client-controlled website or application (e.g. property branded RentCafe resident portals) and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with the Yardi Client directly.
The Yardi Sites may contain links to other third-party websites. The information practices or content of such other websites is governed by the privacy statements or notices of such other websites. Yardi encourages you to review the privacy statements or notices of such other websites to understand their information practices.
General Data Protection Regulation (“GDPR”)
Some countries, including countries in the European Economic Area (“EEA”), impose certain responsibilities on data controllers and data processors. A company is a data controller when it has the responsibility of determining why and how personal information is processed, whereas a company is a data processor when it processes personal information on behalf of a data controller. Yardi is a data processor and not a data controller under GDPR with respect to Client Data. Yardi Clients are data controllers because they make all decisions about how or why Client Data, containing personal information or not, is to be processed, including any disclosure or transmission to third parties. If personal information pertaining to you as an individual has been submitted or entered into a Yardi Service by or on behalf of a Yardi Client, or was otherwise collected by a Yardi Service on behalf of a Yardi Client, and you wish to exercise any rights you may have to access, correct, amend or delete such Client Data, please inquire with the Yardi Client directly. If an authorized Yardi Client requests that we update or remove the data in question and the Client has no ability to do so via use of the Services, we will acknowledge their request within 30 days.
California Consumer Privacy Act (“CCPA”)
This section only applies to our processing of personal information that is subject to the CCPA. If you are a California resident, you may have certain rights with respect to personal information, as set forth in Cal. Civ. Code 1798.100 et seq. This section addresses those California-specific rights as applied to the CCPA-covered information, including the right to request information about the personal information we may collect, share, or “sell,” or to opt out of the “sale” of such information consistent with the provisions of the law. The “Rights of Individuals” section of this Privacy Statement addresses additional California-specific rights as applied to the CCPA-covered information, including the right to request access to or deletion of such information consistent with the provisions of the law.
Please note that most of the personal information Yardi collects and maintains Yardi maintains on behalf of Yardi clients, as a service provider to those Yardi clients. As a result, Yardi clients’ privacy policies, not this Privacy Statement, cover that information. As a result, if you make a request to us with respect to such data, we will refer you to the Yardi client (for instance, property management companies) on whose behalf we may maintain the information to assist you with your request.
Categories of Personal Information Collected and Disclosed under the CCPA
The CCPA provides California residents with the right to know what categories of personal information Yardi, in its capacity as a “business,” has collected about them and what categories of third parties Yardi has disclosed their personal information to for a business purpose in the preceding 12 months (e.g., to a service provider).
California residents can find this information below:
The categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth below in the sections titled “Information We Collect,” “Cookies,” and “How We Use Information We Collect.”
Right to O pt-O ut of the “Sale” of Personal Information under the CCPA
If you are a California resident, you have the right to opt out of the “Sale” of your personal information. Under the CCPA, “Sale” is defined broadly and includes the transfer of personal information by a business to a third party for valuable consideration (even if there is no exchange of money).
In Yardi’s role as a “business” under the CCPA, we may disclose or “Sell” personal information for purposes defined under the CCPA. You may opt out of the “Sale” of your personal information by submitting a request on our Privacy Feedback form or contacting us as set forth below. California residents have the right not to receive discriminatory treatment by Yardi for the exercise of their rights conferred by the CCPA.
The categories of personal information we have disclosed or may have “Sold” and the categories of third parties we have disclosed to or may have “Sold” personal information to in the preceding twelve months are listed below:
Our business and commercial purposes for “selling” personal information can be found below in the section titled “How We Use Information We Collect.” Yardi does not have actual knowledge of any “Sale” of personal information of minors under 16 years of age.
Canada Personal Information Protection and Electronic Documents Act (“PIPEDA”)
To the extent it is applicable, this Privacy Statement is made under the Personal Information Protection and Electronic Documents Act. There are some rare exceptions to the commitments set out in this Privacy Statement.
For more general inquiries, the Information and Privacy Commissioner of Canada oversees the administration of the privacy legislation in the private sector. The Commissioner also acts as a kind of ombudsman for privacy disputes. The Information and Privacy Commissioner can be reached at:
Address: 112 Kent Street, Ottawa, ON K1A 1H3 Phone: (613) 995-8210
Toll-free: (800) 282-1376
Facsimile: (613) 947-6850
TTY: (613) 992-9190
Website: www.priv.gc.ca/en/
Privacy Laws of Other Territories
This Privacy Statement is made under the privacy laws of other territories not described above, to the extent they are applicable.
Rights of Individuals
Rectifying Personal Information Submitted on Yardi Sites
If we have collected and processed your personal information based on your consent, you can withdraw your consent at any time by contacting us using the Privacy Feedback form. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Visitors who wish to correct, update, change, or erase the personal information they submit on certain Yardi Sites should be able to go back to the applicable registration page or web form to edit their user or organization record. However, some of the information voluntarily submitted that is not personal information, such as a response to a poll or a survey, is typically aggregated and thus not correctable, updatable, changeable, or erasable. For additional information or problems accessing your information from such page, call us at +1 (805) 699-2040, or contact us using our Privacy Feedback form. If you consider that we have processed your personal information in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with the data protection supervisory authority in your country.
Your Right To Request Disclosure of Information We Collect And Share About You
Yardi is committed to ensuring that you know what information we collect about you. You can request the following information from us, with respect to personal information we have collected:
The categories of personal information we have collected about you.
For each category:
The categories of sources from which we collected the personal information
The business or commercial purposes for which we collected the personal information
The categories of third parties with which we shared the information
The specific pieces of information we collected about you
Yardi will respond to such requests if required by law, in which case the response will cover the 12-month period preceding our receipt of the request.
Your Right To Request the Deletion of Personal Information We Have Collected
Upon receiving a deletion request covered by the GDPR, the CCPA, or other applicable privacy law with respect to Yardi Sites, Yardi will delete the personal information we have collected about you, except for where we have a legitimate business purpose to retain such information, or situations where specific information is necessary for us to: provide you with a good or service that you requested, perform a contract we entered into with you, maintain the functionality or security of our systems, or comply with or exercise rights provided by the law. The law also permits us to retain specific information for our exclusively internal use, but only in ways that are compatible with the context in which you provided the information to us or that are reasonably aligned with your expectations based on your relationship with us.
We Are Committed To Honoring Your Rights
If you exercise any of the rights explained in this Privacy Statement, Yardi will continue to treat you fairly. In particular, this means that if you exercise any rights under this Statement, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.
How Yardi Will Respond to a Request to Exercise Your Rights
For individual rights requests covered by the CCPA, Yardi will provide a substantive response to your request generally within 45 days from when we receive it, although it may take longer under certain circumstances. For individual rights requests covered by the GDPR, Yardi will provide a substantive response to your request generally within 30 days from when we receive it, although it may take longer under certain circumstances. For individual rights requests covered by other applicable laws, Yardi will provide a substantive response within the timeframe set forth in such law. In some cases, the law may allow us to refuse to act on certain requests. When this is the case, we will endeavour to provide you with an explanation as to why.
We may ask you for additional information to verify your identity for purposes of responding to a request you have made. If Yardi is unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.
You may designate an agent to submit requests on your behalf. For requests covered by the CCPA, the agent can be a natural person or a business entity that is registered with the California Secretary of State. If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our agent verification process.
Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with the applicable law pertaining to powers of attorney.
How to Make a Request to Exercise Your Rights
To exercise any of the rights above, or to ask a question, contact us at (800) 866-1124, using our Privacy Feedback form.
Your California Privacy Rights Regarding Direct Marketing
As stated elsewhere in this Privacy Statement, and in accordance with California Civil Code section 1798.83, Yardi does not disclose personal information collected on the Yardi Sites to third parties for their direct marketing purposes. (California Civil Code section 1798.83 permits users of a website that are California residents to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes).
Information We Collect
Information that you provide voluntarily: Yardi Sites offer various ways that individuals may contact us, such as through form submissions or phone, in order to inquire about our company and services. For example, when creating an account, participating in a survey, making a purchase, expressing an interest in obtaining additional information about Yardi or our Services, subscribing to marketing, submitting a property review, or otherwise contacting us, Yardi collects personal information from you. We may also collect information from you in person at a tradeshow or event or via a phone call with one of our sales representatives.
The personal information we collect may include:
contact information (such as your name, address, telephone number and email address) as well as the nature of your communication;
professional information (such as your company name, job title, company address);
marketing information (such as your contact preferences, source/campaign); and
any information you choose to provide to us when completing any ‘free text’ boxes in our forms (for example, for event sign-up, bot interaction, or property reviews).
Information we collect automatically: When using a Yardi Site, certain information is automatically collected by most browsers or through your device (such as your IP address, your operating system, your browser, device information, unique device identifiers, mobile network information, request information (speed, frequency) and information about how you interact with a Yardi Site and other websites). Some of this information is collected using cookies and similar tracking technology, as explained in the “Cookies” section below.
When using a Home IQ Device(s) or Home IQ Hub, certain information is automatically collected (such as when a smart device is on or off; when a door is locked, unlocked, opened, or closed; the unit with which the door is associated; and user information such as name and email address).
Information we collect from other sources: In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, data providers, social media platforms, as well as from other third parties. This information may include:
mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering more relevant email content, event promotion and profiling; and
updated delivery or payment information used to correct our records; purchase or redemption information; and customer support and enrollment information.
Cookies
Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. As is common to many online services, our Services may make use of the following third party cookies to collect certain data directly from end-user browsers for the purposes described in this Privacy Statement (see the Section “Information we collect automatically” above for further information). For additional details on how we use cookies and similar technologies to recognize when you visit, interact with or use any of our websites, online advertisements or marketing communications, please review our Cookie Notice.
Google Analytics: This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. Further information on how Google collects and uses this data can be found at www.google.com/policies/privacy/partners/.
Google Doubleclick: This website uses cookies by Google DoubleClick to register and report the website user’s actions after viewing or clicking one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user.
Facebook: This website uses cookies from Facebook to deliver relevant advertisements.
Microsoft: This website uses cookies by Microsoft to enable user tracking across Microsoft domains.
Google® Maps
The Site utilizes Google Maps and related content licensed to Yardi by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the applicable Google Privacy Policy.
Do Not Track
Some features of the Yardi Sites do not respond to browser do not track signals.
How We Use Information We Collect
We use the information we collect or receive (alone or in combination):
To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.
To send administrative information to you, for example, information regarding the Yardi Sites and changes to our terms, conditions, and policies.
To send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.
To personalize your experience on the Yardi Sites by presenting products and offers tailored to you.
For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying the Yardi Sites and our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.
As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
For credit reporting and collection purposes to the extent you utilize services provided by ResidentShield Power, LLC. This may include using personal data such as date of birth and other personal information to assess creditworthiness, manage credit accounts, and collect outstanding debts. We may also share your information with third party companies and entities, such as government agencies, credit bureaus and collection agencies, where permitted or required by law.
If you are resident in or a Visitor from the EEA or UK, our legal basis for collecting and using the information and personal information described in this Privacy Statement will depend on the information or personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you where we need the personal information to perform a contract with you, where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. Typically, our legitimate interests include: (i) providing, improving and personalizing the Yardi Sites and Services; (ii) managing our relationship with you; and (iii) conducting our marketing activities. In some cases, we may also have a legal obligation to collect personal information from you.
If you are a Visitor located in the EEA or UK and would like to contact a Yardi representative or Yardi’s Data Protection Officer (DPO), please use one of the methods below:
Yardi Systems B.V.
In writing at: Herikerbergweg 195, Amsterdam, NH 1101 CN, Netherlands By web form: Privacy Feedback
Yardi Systems, Ltd.
In writing at: 170 Midsummer Boulevard, The Pinnacle, Milton Keynes, UK MK9 1BP, United Kingdom By web form: Privacy Feedback
Additional Information About How Yardi Shares Your Personal Information
We may disclose personal information to third parties to assist us in performing the Services, including payment processing for any applicable fees associated with an event or transaction. These third parties have access to the information you submit only to perform these tasks on our behalf.
Public Forums and Customer Testimonials
Yardi may provide bulletin boards, blogs or chat rooms on Yardi Sites. Due to the nature of the Internet, any information or personal information you choose to submit in such a forum may be read, collected or used by others who visit these forums, and may be used to send you unsolicited messages. Yardi is not responsible for any information or personal information you choose to submit in these public forums.
Yardi may post a list of clients and testimonials on Yardi Sites that contain information such as client names and titles. In such cases, Yardi obtains the consent of each such person prior to posting any information on such a list or posting testimonials.
Information We Share
Service Providers
As described above, Yardi may share your personal information with contracted service providers so that these service providers can provide services on our behalf.
Third Party Providers
Yardi may, from time to time, make available to Visitors certain products offered by a third party provider, including alternative payment methods or financing options (“Third Party Provider”). These Third Party Provider products are made available through the Services, but are not part of the Services offered by Yardi. By choosing to use a Third Party Provider’s product, you expressly authorize Yardi to share your personal information, including information about your transactions made through the Services, with such Third Party Provider for such Third Party Provider’s own use in providing its products to you.
Yardi Affiliates
Yardi may share your personal information with affiliates of Yardi for the purpose of any necessary collaboration.
Yardi Successor
Yardi may share your personal information with 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 Yardi’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by Yardi about our Visitors is among the assets transferred.
Compelled Disclosure
Yardi reserves the right to use or disclose information and personal information provided on the Yardi Sites if required by law or if Yardi reasonably believes that such use or disclosure is necessary to protect Yardi’s rights and/or to comply with a judicial proceeding, court order or legal process.
International Transfer of Information
To facilitate Yardi’s global operations, Yardi may store, transfer and access the information and personal information you submit on the Yardi Sites around the world, including the United States, Canada and other countries in which Yardi or its third party service providers have operations.
If you are using the Yardi Sites or Service from outside the United States, please be aware that your information may be transferred to, stored, and processed by Yardi in our facilities and by those third parties with whom we may share your personal information, in the United States and other locations where we have offices. These countries may have data protection laws that are different to the laws of your country. This Privacy Statement shall apply even if Yardi transfers such information or personal information to other countries. By registering to attend an event, contacting us through our web form or providing information or personal information to us on any Yardi Sites in any other context, you consent to the transfer of your information and personal information among these facilities, including those located outside your home country.
If you are located in the EEA, we will comply with applicable legal requirements and have taken appropriate safeguards to require that your personal information remains protected in accordance with this Notice in relation to the transfer of personal information outside of the EEA. In all such cases, we will only transfer your personal information if:
The country to which the personal information will be transferred has been recognized as offering an ‘adequate’ level of protection by the European Commission;
The recipient of the personal information is located in the U.S. and has certified to the EU-U.S. and/or Swiss-U.S. Privacy Shield Framework(s), as the case may be; or
We have put in place appropriate safeguards with respect to the transfer of data, for example by implementing the European Commission’s Standard Contractual Clauses for transfers of personal information (the “EU Model Clauses”).
In relation to transfers of information between our group companies, we have implemented the EU Model Clauses, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law.
You may request a copy of the safeguards that we have put in place in respect of transfers of personal information by contacting us as described in the Contacting Us section below.
Communications Preferences
Yardi offers Visitors who provide contact information a means to choose how Yardi uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of Yardi’s marketing emails. Additionally, you may specify your communications preferences using our Privacy Feedback form. Yardi Clients cannot opt out of receiving transactional emails related to their account with Yardi or the Services.
Children Under the Age of 16
Yardi Sites are not intended for children under 16 years of age. No one under age 16 may provide any information to, or on, any Yardi Sites. We do not knowingly collect personal information from children under 16, nor do we sell the personal information of children under 16. If you are under 16, do not use any Yardi Sites, and do not provide any information via any Yardi Sites. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that data. If you believe any Yardi Sites may have collected personal information from or about a child under 16, please contact our Legal Department at (800) 866-1124 or +1 (805) 699-2040.
Data Retention
Yardi retains the personal information we receive on the Yardi Sites for the duration of your relationship with Yardi, and where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations). Retention periods may be extended if we are required to preserve your personal information because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such data. If this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Security
Yardi is committed to protecting the security of any personal information you provide to us. Yardi uses appropriate administrative, technical, and physical security measures to protect any such information you submit. Despite these protections, no electronic transmission over the Internet or information storage technology can be guaranteed to be completely secure, so you should take appropriate precautions before deciding what information you send us in this way.
Changes to this Privacy Statement
Yardi reserves the right to change this Privacy Statement from time to time. Your continued use of any Yardi Sites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Statement periodically for updates. If we make a material change in the way we use or share your personal information, we will provide notice that our policy has changed on this site.
Contacting Us
United States. If you have any questions about this Privacy Statement, or you would like to exercise any of your rights, please let us know by contacting us using any of the methods below:
By phone at: 1 (800) 866-1124 By web form: Privacy Feedback
In writing at: Attention – Privacy Manager, 430 S. Fairview, Santa Barbara, CA 93117, USA
Canada. If you have questions regarding our Privacy Policy or the use of information collected, you can contact our Information Officer using any of the methods below:
By phone at: +1 (805) 699-2040 By web form: Privacy Feedback
In writing at: Attention – Privacy Manager, 430 S. Fairview, Santa Barbara, CA 93117, USA
He or she will attempt to answer any questions or concerns you might have. If you wish to make a formal complaint about our privacy practices, you may make it in writing to our Information Officer. We will acknowledge receipt of your complaint, ensure that it is investigated promptly and that you are provided with a formal decision and reasons in writing.
European Union. If you have questions regarding our Privacy Policy or the use of information collected, you can contact us using any of the methods below: By phone at: +1 (805) 699-2040
By web form: Privacy Feedback
In writing at: Attention – Privacy Manager, 430 S. Fairview, Santa Barbara, CA 93117, USA
Or if you wish to contact our local representative: Attention – Privacy Manager, Herikerbergweg 195, Amsterdam, NH 1101 CN, Netherlands
TERMS OF SERVICE
These Terms of Service (these “Terms” or the “Agreement”) describe our company’s (“Company,” “we,” “us,” or “our”) terms of service with respect to persons or entities who access our property’s RENTCafé website or mobile applications (collectively, the “Site”), including without limitation renters and potential renters (collectively, with all persons or entities who access the Site, “Users,” “you,” or “your”). To access the Terms of Service of RENTCafé, please visit: https://resources.yardi.com/legal/rentcafe-terms-of-service/.
This Site is owned and operated by us to offer certain services to renters and potential renters (the “Services”). This Site uses the RENTCafé technology platform, which is owned and operated by Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi”).
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND US. THIS AGREEMENT ALONG WITH ANY OTHER TERMS THAT MAY BE POSTED ON THE SITE WITH RESPECT TO RENTCAFÉ PRODUCTS AND SERVICES, AND ANY OTHER WRITTEN AGREEMENTS OR CONTRACTS BETWEEN YOU AND US THAT INCORPORATE THESE TERMS BY REFERENCE, SET FORTH THE COMPLETE TERMS AND CONDITIONS UNDER WHICH YOU MAY ACCESS AND USE THE SITE AND THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES.
YOUR ACCEPTANCE. We are pleased to provide the Site and the Services conditioned upon your acceptance, and we hope that you will find the Site informative and useful. BY USING THE SITE, YOU EXPRESSLY ACCEPT AND CONSENT TO THESE TERMS WITHOUT QUALIFICATION. YARDI AND/OR COMPANY MAY AMEND THESE TERMS FROM TIME TO TIME. SHOULD THESE TERMS BE MODIFIED IN ANY WAY, THE NEW TERMS WILL BE POSTED TO THIS WEBPAGE. BY USING THE SITE AFTER THE EFFECTIVE DATE OF ANY MODIFICATION TO THESE TERMS, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE MODIFIED TERMS.
YARDI IS NOT A PARTY TO ANY RENTAL TRANSACTIONS.
2.1 The Site serves as a platform for property managers and owners to provide the Services to renters and potential renters. Yardi does not own or manage the properties listed on the Site and does not enter into rental contracts for those properties. Although the Site may lead to certain business transactions expressly agreed to between Yardi and Users, Yardi is not a party to any transactions between Users and property managers other than providing the Site. AS A RESULT, YARDI SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR INFORMATION, THE CONTENTS OF ANY DOCUMENTS, OR FOR ANY OTHER INTERACTIONS BY, BETWEEN OR AMONG USERS, PROPERTY MANAGERS OR OWNERS THROUGH THE SITE.
2.2 You are responsible for how you use the Site, and Company encourages anyone who accesses the Site, including Users, to exercise sound judgment when entering into property rental transactions. IN THE EVENT THAT YOU HAVE A DISPUTE WITH A PROPERTY MANAGER OR OWNER, YOU RELEASE YARDI FROM ANY CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
ACCESS TO AND USE OF THE SITE.
3.1 We provide you with certain information and functionality through the Site. You are solely responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.
3.2 We have the right, but not the obligation, to take any of the following actions without providing any prior notice to you: (a) change or terminate all or any part of the Site or the Services; (b) restrict or terminate your access to all or any part of the Site or the Services; or (c) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
3.3 Subject to your compliance with these Terms, we hereby grant you permission to access and use the Site and the Services, provided that you shall not (and shall not allow any third party to): (a) engage in commercial use of the Site or any content on the Site; (b) reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or Service or in or on any content or other material obtained via the Site or the Services; (d) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape or index any portion of the Site or the Services, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (f) reformat or frame any portion of the web pages that are part of the Site or the Services; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as “spam” to other users or members of the Site or the Services or otherwise interfere with other users’ or members’ enjoyment of the Site or the Services; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Site or the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code used to generate web pages on the Site; (l) use any device, software or procedure that interferes with the proper working of the Site or the Services, or otherwise attempt to interfere with the proper working of the Site or the Services; (m) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (n) modify, adapt, translate, or reverse engineer any portion of the Site or the Services; or (o) use the Site or the Services, intentionally or unintentionally, to violate any applicable international, national, federal, state, provincial, or local law or regulation, including, but not limited to, Fair Housing laws and regulations.
ADDITIONAL REQUIREMENTS. Certain aspects of the Services may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies in addition to those set forth in these Terms (the “Additional Requirements”). In the event of a conflict between the Additional Requirements and these Terms, the Additional Requirements shall take precedence.
MODIFICATIONS. Yardi and Company may modify or update these Terms from time to time, in their sole discretion, and reserve the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Site or any part thereof, or any or all of the Services, or any Site features, with or without notice and without liability to you. You agree that Yardi and Company have no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. You further agree that neither Yardi nor Company shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms will be posted on the relevant area of the Site and will be effective immediately upon posting. You can review the most current version of the Terms at any time by clicking on the “Terms of Service” link located on webpages throughout the Site. You agree to review the Terms from time to time to ensure you are updated as to any modifications. By continuing to use the Site or Services following any such modification, you accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.
ACCOUNT REGISTRATION AND USE. In order to use certain features of the Site or the Services, you will have to register and create a password-protected account (“Your Account”) and/or submit property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents (collectively, “Information and Material”).
6.1 Your Account. You agree to: (a) provide true, accurate, current, and complete information as prompted by the registration form; and (b) maintain and update such information to keep it true, accurate, current, and complete at all times. We reserve the right to delete Your Account and refuse any and all current or future use of the Site (or any portion thereof) without notice if you are found to have misrepresented your age, identity, or any other information submitted in connection with Your Account or if we have reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current. You are responsible for maintaining the confidentiality of your password, your email address and Your Account, and are fully responsible for all activities that occur under your password and Your Account. You agree to: (i) immediately notify us of any unauthorized use of your password or account, or any other breach of security, (ii) immediately change your password if you become aware that Your Account has been compromised, (iii) ensure that you fully exit from Your Account at the end of each session. You agree and acknowledge that you will not allow others to utilize Your Account and that you will not disclose your RENTCafé password to anyone. You will be solely responsible for safeguarding your password and also for any actions under your password and Account, whether authorized by you or not. If you lose control of your password, you may lose substantial control of your personal information and could potentially be subject to legally binding actions taken on your behalf. You further agree not to use anyone else’s password on the Site or attempt to gain access to the RENTCafé account of any other user. COMPANY CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
6.2 Privacy Policy and Your Information and Material. By submitting Information and Materials and in order for us to provide you with the Services, you hereby consent to our use and sharing of your Information and Materials as described in the applicable Privacy Policy, which is incorporated into these Terms by this reference. The Privacy Policy can be accessed by clicking on the “Privacy Policy” link located on webpages throughout the Site. In the event of a conflict between the applicable Privacy Policy and these Terms, the Privacy Policy shall take precedence. In addition, you hereby represent and warrant that your Information and Materials: (a) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any Fair Housing, copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (b) are not fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party’s use of the Site or the Services; (d) do not promote illegal or harmful activities; and (e) are not illegal, unlawful or contrary to the international, national, federal, state, provincial, or local laws or regulations applicable to the User Materials where created, displayed or accessed.
6.3 Communications. Although we provide a platform through the Site and the Services through which third-parties may communicate, Company is not involved in those third-party communications and is not responsible or liable under any circumstances for the content of any third-party communications, or for any absence of communications by a third-party. The contents of such third-party communications are determined solely by the third-party responsible for the communications, and not Company. We are only responsible for the content of information issued directly by us. You acknowledge and agree that you will address any issues or concerns about third-party communications with the responsible third-party by contacting said third-party directly and not Company. Company shall not become involved in any matters pertaining to third-party communications except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services.
6.4 Renter Screening. As part of the Services, Users may be permitted to submit information through the Site for the purpose of conducting a User background check or screening on behalf of a property manager or owner (a “Screening”). Information that you submit through the Site for the purpose of such Screening shall be treated in accordance with the Privacy Policy. Your submission of the information requested for a Screening shall constitute your consent to the Screening process. Screenings also may be governed by other Additional Requirements as may be disclosed to you in connection with the Screening. You acknowledge that you will address any issues or concerns with any Screenings, including the results of any Screenings, by contacting the appropriate property manager or owner, or as otherwise permitted under the Additional Requirements applicable to the Screening or as otherwise required by law. Yardi shall not become involved in Screening related issues except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services or as otherwise specified in the Additional Requirements applicable to the Screening or as otherwise required by law.
6.5 Payments. Except as expressly provided below, any payments you submit through the Site including rental deposits, rental payments, or any other services or transactions, are for services provided by a property manager, owner or a party other than Yardi. The total payment amounts required for those transactions are determined solely by you and any other party with whom you are entering into an agreement, and not by Yardi. You acknowledge that you will address any discrepancies, issues or concerns with such payments by contacting the other party directly, rather than Yardi. Yardi shall not be involved in such issues except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services. However, Users may take advantage of certain Services that have a charge associated with them such as screening services, lease execution fees, and the like, that is imposed by Yardi or other third-parties, which may or may not be a subsidiary or affiliate of Yardi. Yardi or such other company may collect these fees directly from Users as provided by the Site or the Services. You acknowledge these fees are subject to change.
Services-specific terms may set out further terms applying to such payments (including in relation to refunds (if any), billing arrangements and any consequences of failing to make timely payments). Application fees are non-refundable, even if an application is denied, except to the extent otherwise required by applicable law. You must comply with all such terms in relation to such payments by you.
By providing your card or bank information, you are representing that you are authorized to use this card or bank account for payments for rental deposits, rental payments, or any other services or transactions for services provided by a property manager, property owner or a party other than Yardi. If you are making a one-time payment, your card or bank information will not be stored after completion of the transaction, but any other personal information provided in connection with the transaction will be stored. If you are enrolling in recurring payments, you authorize Yardi to store your card or bank information to process your recurring payments. You are responsible for keeping your card or bank information up to date. If your card or bank information changes, you agree to promptly update your information. Yardi will continue to store your card or bank information until you delete your information or you cancel recurring payments. For more information about how we store and use your card, bank or other personal information, please see our Privacy Policy.
6.6 Electronic Signatures. If you choose to use the electronic signature execution functionality of RENTCafé, you understand, acknowledge and agree that you have carefully reviewed the disclosure relating to use of your electronic signature to execute documents and will not execute such documents with your electronic signature without providing your consent to use your electronic signature. You agree that you will rely on your own legal counsel to determine the sufficiency of the electronic signature execution of the documents and their enforceability and that Yardi makes no warranty or other representation with respect to the sufficiency of the electronic signature execution of the documents under applicable international, national, federal, state, provincial or local laws or regulations.
7. YARDI AND COMPANY’S RIGHTS. You acknowledge that Yardi and Company have the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. Yardi and/or Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Yardi and Company have no obligation to monitor your access to or use of the Site or the Services, but have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
SITE CONTENT GENERALLY. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. Company does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. Company makes no representations or warranties, express or implied, with respect to the information provided on this Site.
THIRD-PARTY LINKS, PRODUCTS AND SERVICES.
9.1 Third Party Websites and Services. The Site may contain links or voice accessibility to third-party websites or resources. Access to such third-party websites, services or resources are included solely for the convenience of Users, and do not constitute any endorsement or approval by Company of the third-parties, anyone sponsoring these sites or their products or services, or the products or services themselves. Company makes no representations or warranties, express or implied, with respect to the information provided on any third-party website or service which may be accessed from the Site, including any representations or warranties as to accuracy or completeness. Because Company has no control over third-party websites, resources, products or services, you acknowledge and agree that Company is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources, products or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, properties, services or other materials available on such third-party sites. You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, products, resources or services, or to transact with any such third-party for their products, properties or services, you do so entirely at your own risk. By leaving the Site, you may be subject to the terms and conditions and the privacy policies or other terms and conditions of such third-party websites. You acknowledge and understand that Company does not (a) provide legal, brokerage or other professional advice or services to any property managers, owners or others who list properties or otherwise use the Site or the Services, (b) participate in any negotiations with respect to leases or other transactions involving third-parties, or (c) guarantee, endorse or ensure a rental property or any lease or other transaction between a User and property manager, owner or any other person or entity.
9.2 Google® Maps. The Site utilizes Google Maps and related content licensed to Yardi by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the applicable Google Terms of Service.
OWNERSHIP. You acknowledge and agree that the Site and the Services use and contain intellectual property, and proprietary and confidential technology owned by or licensed to Yardi, and protected by applicable intellectual property and other laws and international treaties (collectively, “Yardi IP”). You further acknowledge and agree that the Site and the Services use and contain intellectual property, including without limitation, information, data, text, music, sound, photographs, graphics, video, messages, tags, or other materials owned by or licensed to us, and protected by applicable intellectual property and other laws and international treaties (collectively, “Company IP”). All rights reserved. You agree not to reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use or exploit for any commercial purposes any or all of the Yardi IP or Company IP, the Site or access to the Site in any way without the prior written permission of Yardi and Company. You must abide by all copyright notices, information, or restrictions contained in or attached to any Yardi IP and Company IP. All trademarks are the property of their respective owners.
INDEMNITY. You agree to indemnify, defend and hold Company and their respective officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Indemnified Parties”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (a) your negligence or misconduct; (b) your information or material contributed to or submitted through the Site or the Services, including without limitation information associated with Your Account; (c) your conduct, including your use of the Site and the Services; (d) your connection to the Site; (e) any violation or breach of these Terms; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of your use of the Site or Services; (g) your use of the electronic signature lease execution functionality of RENTCafé, including without limitation, the sufficiency of an electronic signature or the enforceability of an electronically signed lease; or (h) your use of RENTCafé Resident Services voice activated commands via third parties including but not limited to Amazon Alexa and Echo services (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Indemnified Parties. Company shall have the right, in its sole discretion, to select its own legal counsel to defend themselves from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of Company’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Company immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect yours or Company’s ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of Company, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for Company.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE:
12.1 YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND THE SERVICES AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED THEREIN, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, COMPANY EXPRESSLY DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
12.2 COMPANY MAKE NO REPRESENTATION OR WARRANTY: (A) REGARDING THE SECURITY, ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS AND PERFORMANCE OF THE SITE OR THE SERVICES; (B) REGARDING THE SERVICES, ADVICE, INFORMATION OR LINKS OBTAINED THROUGH THE SITE; (C) THAT THE SITE OR THE SERVICES, OR ANY INFORMATION AND MATERIALS THEREIN, WILL MEET YOUR REQUIREMENTS; (D) THAT THE SITE OR THE SERVICES, OR ANY FUNCTIONS CONTAINED IN THE SITE, WILL BE ERROR-FREE, SECURE, TIMELY, OR UNINTERRUPTED; (E) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (F) THAT ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED; OR (G) THAT THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
12.3 ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
13.1COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, SUCCESSORS, AGENTS, AFFILIATES, SUBSIDIARIES AND RELEVANT THIRD PARTIES INCLUDING ADVERTISERS, DISTRIBUTION PARTNERS, REFERRAL PARTNERS, SERVICE PROVIDERS, LICENSORS, LICENSEES, CONSULTANTS AND CONTRACTORS (COLLECTIVELY THE “PARTIES”) WILL NOT BE LIABLE FOR:
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS AND USE OF OR INABILITY TO ACCESS OR USE THE SITE AND/ OR ANY RENTCAFé SERVICE, ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT THE INDEMNIFIED PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY COMPANY OR THEIR AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY COMPANY;
THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY COMPANY THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR
ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE.
13.2 You acknowledge that the limitations set forth above are an essential basis of the bargain and of the allocation of risks between the parties. Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue use of the Site and Services.
14.ENFORCEMENT. Company does not assume responsibility to you or others for any failure by Company to enforce the provisions contained in the Terms.
15.TERMINATION. You agree that we, in our sole discretion and with or without notice, may terminate your use of the Site or any part thereof, or any or all of the Services, for any reason, including without limitation, for lack of use by you or if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. We may also in our sole discretion and at any time discontinue providing the Site, or any part thereof, or any or all of the Services with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that Company may immediately bar any further access to the Site. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Site or the Services.
16.AUTHORITY. You hereby represent and warrant to Company that: (a) you have all the requisite power and authority, corporate or otherwise, to enter into the binding contract created by these Terms, conduct yourself and your business and to execute, deliver, and perform all of your obligations under this Agreement; (b) you have the right to submit and use your Information and Materials in the manner you have done so to or through the Site and/or through Your Account; (c) you have the right to grant the licenses granted under these Terms; (d) your performance under these Terms and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future; and (e) your performance under these Terms will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign.
Reserved.
INTERACTIVE AREAS.
18.1 Use of Interactive Areas. On the Site and/or as part of the Services, we may provide areas that allow for User interaction, including bulletin boards, chat areas, forums, blogs, instant messaging, frequently asked questions, or other message and communications features (the “Interactive Areas”) for posting user feedback, comments, messages or other input (“Comments”). You acknowledge that all Interactive Areas are public and not private and that any information or content, including Information and Material, that you post to an Interactive Area may be read by others and that Company has no obligation to protect such information. Company recommends that you do not post or otherwise disseminate any personally identifiable information in the Interactive Area. Additionally, you agree to post only Comments that are proper, lawful, and related to the particular discussion or the Interactive Area itself. Without limitation, you may not post Comments or engage in any other activity on the Site that:
defames, threatens, abuses or otherwise violates the legal rights of others;
is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
infringes another’s rights to intellectual property, publicity, or privacy;
collects or stores personal information about other Site users;
contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another’s computer, the Site, or any software, hardware or other related equipment;
disrupts or otherwise interferes with the Site or the networks or servers used by Company;
impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
constitutes illegal activity.
18.2 Submissions to Interactive Areas. You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, we may display your Comments on the Site and use them for other marketing and business activities. In addition, we reserve the right in our sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. We further reserve the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. Company does not endorse or control the Comments or information found in any Interactive Area and, therefore, Company specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
GENERAL.
19.1 Governing Law. For all legal proceedings arising out of use of the Site and/or relating to the Terms, these Terms and the relationship between you and Company shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State in which the property is located. You and Company hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County in which the property is located or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Company irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
19.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Company, which may be granted or withheld by Company in its their sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Company may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
19.3 Waiver. The failure to exercise or enforce any right or provision shall not affect Company’s right to exercise or enforce such right or provision at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
19.4 Severability. If any portion of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, the remaining provisions of these Terms shall remain in full force and effect.
19.5 Entire Agreement. These Terms, the terms incorporated herein, and any other terms agreed to in writing by the parties or by way of your use of the Site or the Services shall constitute the entire and exclusive understanding and agreement between you and Company regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.
19.6 Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within 1 year after such claim or cause of action arose or be forever barred.
Updated January 9, 2020
Accept Do not Accept
RentCafe Privacy Statement
By using RentCafe.com (RentCafe ILS) or any property websites powered by RentCafe (RentCafe Portal) (collectively, "RentCafe"), you acknowledge you have read and understand the latest version of the RentCafe Privacy Policy (posted at https://resources.yardi.com/legal/rentcafe-privacy-policy/ ), which describes RentCafe's privacy practices and will be updated from time to time. The property may have its own Privacy Policy that describes the property's privacy practices.
This privacy policy (the “Privacy Policy” or “Policy”) of (“Company,” “we,” “us,” or “our”) describes our privacy practices regarding personal information we collect, including from persons (“you” or “your”) who access our property’s RENTCafé Resident Portal website or our related mobile applications that may be available for download (collectively, the “Site”). To access the Privacy Policy of RENTCafé, please visit: https://www.rentcafe.com/apartments/privacypolicy.aspx.
PURPOSE. The purpose of this Privacy Policy is to inform you about the types of personal information we gather about you, including personal information gathered when you visit the Site, and personal information we may receive from third parties or affiliates in addition to that online information, how we may use that information, whether we disclose that information to anyone, and the choices you have regarding our use of, and your ability to correct, the information. This Policy does not cover information that is exempted from privacy policy notification requirements, including information about employees, contractors, job applicants and information processed exclusively in the context of a business person acting in a business capacity.
THE SITE IS NOT INTENDED FOR CHILDREN AND COMPANY DOES NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION ON THE SITE FROM CHILDREN UNDER THE AGE OF 13. IF COMPANY LEARNS THAT A CHILD UNDER THE AGE OF 13 HAS SUBMITTED PERSONALLY IDENTIFIABLE INFORMATION TO COMPANY THROUGH THE SITE, IT WILL TAKE REASONABLE MEASURES TO DELETE SUCH INFORMATION FROM ITS RECORDS AND TO NOT USE SUCH INFORMATION FOR ANY PURPOSE (EXCEPT WHERE NECESSARY TO PROTECT THE SAFETY OF THE CHILD OR OTHERS, AS REQUIRED BY LAW, OR AS MAY OTHERWISE BE REQUIRED BY LAW).
YOUR CONSENT AND POLICY CHANGES. PLEASE READ THIS ENTIRE PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION, INCLUDING PERSONAL INFORMATION, AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SITE.
Company may amend this Privacy Policy from time to time. We will post those changes on the website or update the Privacy Policy date below. In certain cases, you will be notified via email or by a notice on our website.
PERSONAL INFORMATION COLLECTED IN THE PAST 12 MONTHS
We collect, process and store various types of Personal Information. For purposes of this Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include de-identified or aggregate information, or public information lawfully available from governmental records.
Personal Information we collect may include: your name, email addresses, postal addresses, postal codes, user Internet Protocol (IP) addresses, social security/insurance number, driver’s license number, prior addresses, monthly rent paid at prior residences, employers, job titles, income, telephone numbers, credit card information, bank account information and routing numbers, date of birth, gender, age, marital status, user name and password (if you choose to become a registered user of the Site or our products and services), emergency contact information, information about your pets, information about your vehicles including license plate numbers, and other information either desirable or necessary to provide quality services to our residents and visitors. We may also collect information about you such as your use of the Site and communication preferences.
We do not and will not sell your Personal Information.
Additional Information about How We Collect and Share your Personal Information
With respect to each of the categories of data above, we may also collect and share Personal Information with third parties to comply with legal obligations; when we believe in good faith that an applicable law requires it; at the request of governmental authorities or other third parties conducting an investigation; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; or otherwise to protect the rights, property, safety, or security of our business, third parties, visitors to our websites and mobile apps, or the public. We may also share Personal Information with any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.
PERSONAL INFORMATION WE WILL CONTINUE TO COLLECT
We will continue to collect the same categories of Personal Information listed above, for the same purposes.
USE OF COOKIES AND OTHER TECHNOLOGIES. Like many other website operators, Company may use cookies to customize content specific to your interests and track your use of the Site. “Cookies” are text files that are placed on your computer and may be used to store your personal information. In addition to cookies, Company may use other now known or later developed technologies, to assist Company in observing the behavior of users visiting the Site. These technologies access individual user information but the information is used only to compile aggregated statistics about the Site’s usage.
Our service providers may use cookies and those cookies may be stored on your computer when you visit our website.
This Site uses Lead Attribution or Marketing Attribution to assess the conversions of different channels that generate leads.
This Site uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist Company in understanding how the Site is used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Site, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Site, compiling reports on Site activity for Company’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. The use of cookies by Google Analytics is covered by Google’s privacy policy: https://www.google.com/policies/privacy/.
You can choose to delete existing cookies, allow or block cookies, and set preferences for certain websites in your browser’s settings. Please note you may not be able to use the full functionality of the Site if you choose to block all cookies.
EMAIL AND TEXT MANAGEMENT. You may receive emails and texts from Company for a variety of reasons. We respect your desire to manage email and text correspondence. If you have an account with Company on the Site, you can select your preferences through your account settings. You can also manage your receipt of certain types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with information relating to your unit, the management of the property, and other important transactional or administrative information.
THIRD-PARTY WEBSITES. This Privacy Policy applies solely to information collected by Company. This Privacy Policy does not apply to other websites that are accessible through this Site, including but not limited to any third-party websites.
ACCESSING, REVIEWING AND CHANGING YOUR CONTACT INFORMATION. As an account holder, you can see, review and change most of your contact information associated with your Account Profile by logging into your account and editing your Account Profile. For assistance, you may contact us using one of the methods listed below. With some exceptions, you have the right to see what Personal Information we hold about you. We can help you identify what records we might have about you. We may need to confirm your identity before providing you with this access, and if we cannot verify your identity with the degree of certainty required, we will not be able to respond to your request. If we cannot give you access, we will tell you within 45 days of receipt of your request and provide you with a reason, as best we can, as to why we cannot give you access.
PERSONAL INFORMATION OF MINORS. Our Sites are not directed to minors under the age of 16 and we do not knowingly collect Personal Information from minors. We may collect Personal Information of minors, provided by parents or guardians, in connection with the application and rental of a unit, or the provision of property management services. We do not sell the Personal Information of minors.
CALIFORNIA RESIDENTS’ RIGHTS. The California Consumer Privacy Act (CCPA) may apply to California residents whose Personal Information is collected by landlords of a certain size or that meet other criteria. If the CCPA applies to us, California residents may request to know about Personal Information collected about them and request deletion of that Personal Information. These rights are subject to certain exceptions, including without limitation, for Personal Information subject to the Fair Credit Reporting Act and the Gramm-Leach-Bliley Act. If we are subject to the CCPA, you can learn more about these rights and our processes for consumer requests by contacting us using one of the methods listed below. If you exercise any of the rights afforded to you by the CCPA, we will continue to treat you fairly.
Right to request disclosure of information we have collected about you
If the CCPA applies to us and to your information, you can submit a request to us for the following personal information we have collected:
The categories of personal information we’ve collected about you.
The categories of sources from which we collected the personal information.
The business or commercial purposes for which we collected or sold the personal information.
The categories of third parties with which we shared the personal information.
The specific pieces of personal information we collected about you.
The categories of personal information (if any) that we have sold about you, the categories of third parties to which we sold that information, and the category or categories of personal information sold to each third party.
The categories of personal information that we disclosed about you for a business purpose.
Our responses to any of these requests will cover the 12-month period preceding our receipt of the request.
Right to request the deletion of personal information we have collected from you
Upon request, we will delete the personal information we have collected about you that is covered by the CCPA, unless a relevant exception to the right to deletion applies.
Do Not Track
“Do Not Track” is a privacy preference that users can set in certain web browsers. We do not respond to browser or do not track signals.
ACCESSIBILITY. We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us using one of the methods below.
CONTACTING US.
If you have questions regarding our Privacy Policy or the collection or use of your Personal Information, you can contact us using any of the methods below:
By phone at: (615) 252-8475
By email at: cjamison@nashville-mdha.org
In writing at: Attention – Metropolitan Development & Housing Agency, P.O. Box 846, Nashville, TN 37202
Canada. To the extent it is applicable, this policy is made under the Personal Information Protection and Electronic Documents Act. There are some rare exceptions to the commitments set out above.
For more general inquiries, the Information and Privacy Commissioner of Canada oversees the administration of the privacy legislation in the private sector. The Commissioner also acts as a kind of ombudsman for privacy disputes. The Information and Privacy Commissioner can be reached at:
&cropxunits=300&cropyunits=70&quality=85&scale=both&)
