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RentCafe Terms of Service
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.RENTCafé TERMS OF SERVICE
If you are a property manager or owner, please click here.
Welcome to RENTCafé! These Terms of Service (these “Terms” or the “Agreement”) apply to persons or entities in the United States and Canada who access the RENTCafé websites, or related downloadable 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”). If you are a property owner or manager who lists or advertises properties or otherwise uses services available on the Site to communicate or transact with Users (a “property manager” or “owner”), your use of the Site is governed by the RENTCafé Agreement For Property Owners and Managers.
RENTCafé is a technology platform that facilitates the development and delivery of innovative renter-related services, including advertising rental properties to prospective tenants, assisting prospective renters in their search for a new place to live, and managing and facilitating various activities and transactions between Users and property managers or owners related to rental properties (the “Services”). RENTCafé allows prospective and current residents of properties that use the Site to take advantage of a range of services designed to make their relationship with their property manager or owner as pleasant as possible.
The Site is owned and operated by Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi”, “we”, “us” or “our”). Since 1982, Yardi has been dedicated to the design, development, and support of property management software. Throughout these Terms, all references to the Site and to “RENTCafé” shall include the websites of affiliates and subsidiaries of Yardi that are involved with the operation of the Site or the provision of the Services.
IMPORTANT – PLEASE READ CAREFULLY. THESE TERMS CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND YARDI. 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 YARDI 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.
1.YOUR ACCEPTANCE. Yardi is 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 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.
2.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. 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 Yardi 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.
3.ACCESS TO AND USE OF THE SITE.
3.1 Yardi provides 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 Yardi has 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, Yardi hereby grants 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 Yardi’s 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.
4.CONTENT AND SERVICES NOT PROVIDED.
4.1 Yardi has no responsibility or duty to review, approve or pre-screen any content posted on the Site by any third party (including property managers and owners), and Yardi is not responsible for such content. You understand that all property listings, lease agreements, rental terms, postings, messages, text, voice commands, images, photos, files, video, and other information, materials or documents posted on the Site or transmitted through or in connection with the Services by property managers, owners, Users, advertisers, or others (the “Non-Yardi Content”) are the sole responsibility of the property managers, owners, Users, advertisers, or others from whom such Non-Yardi Content originated. YARDI DISCLAIMS ANY AND ALL LIABILITY RELATING TO THE USER CONTENT. YARDI DOES NOT GUARANTEE, AND YOU SHALL NOT HOLD YARDI RESPONSIBLE FOR, THE NON-YARDI CONTENT (INCLUDING THE ACCURACY OR TRUTH OF SUCH NON-YARDI CONTENT), OR THE NATURE, SAFETY, QUALITY, CONDITION, MANAGEMENT OF ANY RENTAL UNITS OR PROPERTIES ON THE SITE OR THE COMPLIANCE WITH ANY LAWS, REGULATIONS OR RULES THAT MAY BE APPLICABLE TO SUCH PROPERTIES. YOU AGREE THAT YOU BEAR SOLE RESPONSIBILITY FOR EVALUATING, AND ARE SOLELY RESPONSIBLE FOR ALL RISKS ASSOCIATED WITH, THE USE OF ANY NON-YARDI CONTENT, AND THAT UNDER NO CIRCUMSTANCES WILL YARDI BE LIABLE FOR ANY NON-YARDI CONTENT OR FOR ANY DAMAGE OR LOSS OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY NON-YARDI CONTENT.
4.2 Yardi reserves the right, but does not have any obligation, in its sole discretion, to delete or refuse to post any Non-Yardi Content that violates the letter or spirit of any applicable agreements between Yardi and the property managers, owners, Users, advertisers, or others posting or seeking to post any content, or for any other reason.
4.3 You acknowledge and agree that Yardi provides only the Services as described in these Terms or as otherwise expressly provided on the Site by Yardi; Yardi does not provide, and bears no responsibility or liability for, any other content or services, including but not limited to the following:
- (a) Lease transactions, including without limitation, negotiations, offers, agreements, establishing rents or fees, or any related communications (although the Services do facilitate these transactions between Property Managers and Renters);
- (b) Legal, brokerage or other related professional services or advice;
- (c) Inspection, screening or pre-approval of rental properties;
- (d) Verification, screening or pre-approval of property listings; or
- (e) Evaluation, screening or pre-approval of Property Managers or other advertisers who post listings or other content on the Site.
In the event that you desire, require, or need assistance with any such services or any other services not provided through the Site, you are solely responsible for obtaining them from a qualified third party.
5.ADDITIONAL REQUIREMENTS.
5.1 Certain aspects of the Services may be subject to additional requirements, guidelines, other technical and non-technical specifications, or other rules or policies of Yardi in addition to those set forth in these Terms (the “Yardi Requirements”). All such Yardi Requirements will be posted in appropriate locations on the Site and by this reference are incorporated into these Terms. In the event of a conflict between the Yardi Requirements and these Terms, the Yardi Requirements shall take precedence.
5.2 In some cases, property managers and owners may impose their own additional requirements on Users in connection with rent-related transactions and activities facilitated through the Site. Any such requirements are imposed solely by the property managers or owners; are the sole and exclusive responsibility of the property managers or owners imposing them; are wholly unrelated to any Yardi Requirements; and Yardi shall have no responsibility of any kind for such requirements imposed by property managers or owners.
6.MODIFICATIONS. Yardi may modify or update these Terms from time to time, in its sole discretion, and reserves 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 has 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 Yardi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Modifications to these Terms, including but not limited to any Yardi Requirements, 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.
7.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”).
7.1 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. Yardi reserves 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 Yardi has 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 Yardi 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. YARDI CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
7.2 Privacy Policy and Your Information and Material. By submitting Information and Materials and in order for Yardi to provide you with the Services, you hereby consent to Yardi’s use and sharing of your Information and Materials as described in the applicable RENTCafé Privacy Policy, which is incorporated into these Terms by this reference. The RENTCafé 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.
7.3 Communications. Although Yardi provides a platform through the Site and the Services through which Users may communicate with various other users, property managers, owners, advertisers, or other persons or entities (collectively, a “third-party”) (the “communications”), Yardi 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 Yardi. Yardi is only responsible for the content of information issued directly by Yardi. 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 Yardi. Yardi 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.
7.4 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 Yardi 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 Yardi 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 Yardi Requirements applicable to the Screening or as otherwise required by law.
7.5 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-party, 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.
7.6 Rental Agreements. Any rental agreements that you enter into through the Site (including but not limited to those agreements for which you electronically sign a lease or rental agreement) are for services provided by a property manager, owner or another party other than Yardi. Although Yardi provides the Site as a platform for the Services through which Users may execute rental or lease agreements and enter into binding contracts with third parties, Yardi is not involved in, is not liable for, and is not a party to those transactions. The terms of those transactions are determined solely by you and the third-party with whom you are entering into said contract, and not by Yardi. You acknowledge that you will address any issues or concerns with such agreements with said third-parties directly, rather than Yardi. Yardi shall not be involved in any issues relating to such agreements except where the issue is solely attributable to a malfunction or error occurring on the Site or in connection with the Services. 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.
8.YARDI’S RIGHTS. You acknowledge that Yardi has 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 may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Yardi has no obligation to monitor your access to or use of the Site or the Services, but has 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.
9.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. Yardi does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
10.THIRD-PARTY LINKS, PRODUCTS AND SERVICES.
10.1 Third Party Websites and Services. The Site may contain links or voice accessibility to third-party websites or resources including but not limited to sites with information about specific rental properties. 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 Yardi of the third-parties, anyone sponsoring these sites or their products or services, or the products or services themselves. We make no representations or warranties, express or implied, with respect to the information provided on the Site or any third-party website or service which may be accessed from the Site, including any representations or warranties as to accuracy or completeness. Because Yardi has no control over third-party websites, resources, products or services, you acknowledge and agree that Yardi 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 Yardi 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 Yardi 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.
10.2 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 policies, terms and conditions of Google.
11.OWNERSHIP. You acknowledge and agree that the Site and the Services use and contain content, information 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 Content”). The Yardi Content displayed on or through the Site and Services includes, without limitation, information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials is copyrighted by Yardi and its licensors under United States and international copyright laws. 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 Content, the Site or access to the Site in any way without the prior written permission of Yardi. All content on the Site that is not Yardi Content is the property and responsibility of other parties. You must abide by all copyright notices, information, or restrictions contained in or attached to any Yardi Content. RENTCafé, the RENTCafé logo, YARDI, the Yardi logo and all other registered and unregistered marks used in connection with the Site and the Services (the “Yardi Marks”) are trademarks, trade names, or service marks of Yardi unless otherwise indicated. You are not authorized to use or display the Yardi Marks, without the prior express written permission of Yardi. Ownership of all Yardi Marks and the goodwill associated therewith remains with Yardi. All other trademarks are the property of their respective owners.
12.INDEMNITY. You agree to indemnify, defend and hold Yardi 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 “Yardi 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 Yardi Indemnified Parties. Yardi shall have the right, in its sole discretion, to select its own legal counsel to defend Yardi 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 Yardi’s reasonable attorneys’ fees incurred in connection therewith. You shall notify Yardi immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or Yardi’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 Yardi, 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 Yardi.
13.DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE:
13.1 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, YARDI AND ITS LICENSORS 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.
13.2 YARDI AND ITS LICENSORS 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.
13.3 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.
13.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YARDI OR FROM YOUR USE OF THE SITE OR SERVICES, SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN REPRESENTATIONS OR WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14.LIMITATION OF LIABILITY.
14.1 YARDI 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 “YARDI ENTITIES”) WILL NOT BE LIABLE FOR:
(A) 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 YARDI PARTIES, OR ANY OF THEM, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(B) THE CONTENTS OF ANY COMMUNICATION, MESSAGE, OR INFORMATION POSTED BY YOU OR OTHER THIRD PARTIES;
(C) THE CONTENT, SERVICES OR INFORMATION PROVIDED BY ANY WEBSITE PURPORTING TO BE OPERATED BY YARDI OR ITS AFFILIATES, BUT NOT ACTUALLY AFFILIATED WITH, CONTROLLED, OWNED, OR OPERATED BY YARDI;
(D) THE CONTENT OF ANY WEBSITE NOT CONTROLLED, OWNED, OR OPERATED BY YARDI THAT IS ACCESSED FROM OR LINKED TO THIS SITE; AND/OR
(E) 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.
14.2 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.
15.ENFORCEMENT. Yardi does not assume responsibility to you or others for any failure by Yardi to enforce the provisions contained in the Terms.
16.TERMINATION. You agree that Yardi, 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 Yardi believes that you have violated or acted inconsistently with the letter or spirit of the Terms. Yardi may also in its 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 Yardi may immediately bar any further access to the Site. Further, you agree that Yardi shall not be liable to you or any third party for any termination of your access to the Site or the Services.
17.AUTHORITY. You hereby represent and warrant to Yardi 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.
18.Reserved.
19.INTERACTIVE AREAS.
19.1 Use of Interactive Areas. On the Site and/or as part of the Services, Yardi 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 Yardi has no obligation to protect such information. Yardi 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:
(a) defames, threatens, abuses or otherwise violates the legal rights of others;
(b) is harmful to children, profane, obscene, indecent or racially or ethnically offensive;
(c) infringes another’s rights to intellectual property, publicity, or privacy;
(d) collects or stores personal information about other Site users;
(e) contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);
(f) contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;
(g) 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;
(h) disrupts or otherwise interferes with the Site or the networks or servers used by Yardi;
(i) impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or
(j) constitutes illegal activity.
19.2 Submissions to Interactive Areas. You understand and acknowledge that, subject and pursuant to the licenses set forth hereunder, Yardi may display your Comments on the Site and use them for other marketing and business activities. In addition, Yardi reserves the right in its sole discretion to reject use of Comments, delete Comments from the Site for any reason, and edit Comments for both content and format. Yardi further reserves the right to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever. Yardi does not endorse or control the Comments or information found in any Interactive Area and, therefore, Yardi specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.
20.GENERAL.
20.1 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 Yardi shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of California. You and Yardi hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County of Santa Barbara (California) 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 Yardi 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.
20.2 Assignment. You may not assign or transfer this Agreement, in whole or in part, without the prior written consent of Yardi, which may be granted or withheld by Yardi in its sole discretion. Any attempted assignment in violation of this Section will be null and void and of no force or effect. Yardi 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.
20.3 Waiver. The failure to exercise or enforce any right or provision shall not affect Yardi’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..
20.4 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.
20.5 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 Yardi regarding this subject matter, and shall supersede any and all prior or contemporaneous representations or understandings relating to this subject matter.
20.6 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.
RENTCafé
c/o Yardi Systems, Inc.
430 S. Fairview Avenue
Santa Barbara CA 93117
Updated May 6, 2019
Copyright © 2017-2019 Yardi Systems, Inc.
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.PRIVACY POLICY
This site (“Site”) is owned and operated by BH Management Services, LLC (referred to herein as “BH,” “we,” “us,” or “our”). BH is committed to the privacy rights and protection of information collected about our residents, prospective residents, and other visitors to this Site. This privacy statement sets forth BH’s Privacy Policy (“Policy”) for this Site. The following Policy describes how we collect, protect and use information we receive from visitors to our Site. This Policy applies only to information collected through this Site and not to information collected through any other websites.
INFORMATION WE COLLECT AND HOW WE USE IT
(1) Nonpersonally Identifiable Information (“Anonymous Information”): This refers to information that does not by itself identify an individual. This information generally includes anonymous information about an individual’s use of our Site that includes, but is not limited to, information concerning date and time of visit, the pages of the site visited, path through the Site, IP address, and the type of browser and operating system used.
IP Addresses
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet. Web servers, the main computers that serve up web pages, automatically identify your computer by its IP address. As permitted under applicable law, BH collects IP addresses for the purpose 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.
Use of Cookies
Cookies are pieces of information that a website transfers to an individual for record-keeping purposes. When you use our site, we will store cookies on your computer to facilitate and customize your use of our Site. Cookies make web surfing easier for you by saving your preferences while you are on our Site. These cookies make your use of the Site easier, make the Site run more smoothly and help us to maintain a secure Site.
Most browsers are set up to accept cookies. If you want to change your cookie preferences, you can do so through your browser settings or refuse the cookies when you enter the website. Please remember that our cookies are often used to give you certain functionality and without them you may not be able to use some of our Site. You can remove cookies that have already been set in your browser via your browser settings.
How We Use Anonymous Information
Anonymous information is used internally for Site administration, troubleshooting and to help improve the quality of our web pages. We may share aggregated information, such as demographics, with our existing and prospective business partners and advertisers; however, none of the aggregated information that we share will contain Personal Information.
(2) Personally Identifiable Information (“Personal Information”): This refers to information that can help us identify or locate an individual. This information includes, but is not limited to, your first and last name, address, email address, telephone number, credit card number, social security number, employment information and financial information.
We do not collect any Personal Information about you unless you voluntarily provide it to us. This information is generally collected when you fill out forms or applications for one of our properties or correspond with us. If you disclose your Personal Information, we will only store and use such information that we need to meet your requests and our legitimate business objectives. We may ask you to provide us with Personal Information on a voluntary basis for the following purposes:
Online Transactions
We offer visitors to this Site the opportunity to submit a rental application online. We collect Personal Information such as your name, address, date of birth, and social security number to process your rental application. We also offer residents of BH properties the opportunity to use various online services, including an online payment system and service requests. In order to take advantage of these services, you must create a login name and password (“User Account”) and provide us with your contact information.
Email Correspondence
On our Site, there are forms for each BH property in which you can submit comments, make a complaint, make suggestions and ask questions. Your name and email address are required so that we can process your inquiries, respond to your requests, and improve our services.
Other Communications
We offer residents who have a User Account the opportunity to sign up for email notifications, text notifications, and voice calls regarding announcements and events. In order to sign up for these communications, you must create a User Account and provide us your contact information, such as your name and address.
How We Use Personal Information
Personal information collected by BH will be used for purposes including administration of our site, for communications with visitors who submit requests for information, and to allow visitors who have created a user account to submit an application or to use online resident services.
EMAIL CONSENT AND OPT-OUT
Your provision of Personal Information through any of our registration forms on this Site constitutes your affirmative consent that we may contact you by email to provide you with information and notices relating to the property in which you inquire or where you reside, on various similar services available to you at or through that property and on various other properties that may be available and of interest to you in the future. It also means we may email you regarding updates to this Privacy Policy.
You may choose to opt out of receiving future commercial email messages from us as a result of your use of this Site. Each mass commercial email sent by us contains a link with instructions on how to remove yourself from our email list. Please note that you will need to opt-out separately from any third-party sites you have registered with.
DISCLOSURE OF PERSONAL INFORMATION
Third Parties
BH will not rent or sell your Personal Information to others but may disclose Personal Information with third-party vendors and service providers that work with BH. We will only share Personal Information with these vendors and service providers to help us provide a product or service to you. Examples of third parties we work with are waste service providers, utility service providers, financial institutions, and alarm service providers. These third parties only have access to Personal Information necessary for them to complete their service.
Business Purposes
As we continue to develop our business, there may be transactions in which a property has a change in ownership, a change in management, or there may be a sale of the property. In such transactions, your Personal Information may be transferred.
Legal/Safety Purposes
BH may be required to disclose Personal Information if we are required to do so by law or we in good faith believe that such action is necessary to (a) comply with the law or legal process, (b) protect and defend our rights and property, (c) protect against misuse or unauthorized use of the Site, or (d) protect the personal safety or property of our users or the public.
SECURITY OF INFORMATION
BH takes reasonable technical and organizational measures in accordance with applicable laws to safeguard users’ Personal Information.
We limit access to Personal Information to employees who we believe reasonably need to receive such information to provide our services in order to do their jobs, and we take the precautions we deem reasonable to protect the security of users’ Personal Information. We also work very hard to ensure that our employees are aware of the sensitivity of the data submitted to us and that they handle it with care, being careful not to allow any improper access by third parties.
Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.
RETENTION OF INFORMATION
BH will retain your personal data for as long as required to perform the purposes for which the data was collected, depending on the legal basis for which that data was obtained and/or whether additional legal/regulatory obligations mandate that we retain your personal data. We may also retain personal data for the period during which a claim may be made in relation to our dealings with you.
THIRD-PARTY SITE LINKS
This Policy only addresses the use and disclosure of information that we collect from you. When you are on the BH Site, you could be directed to other third-party sites or apps that are beyond our control. These third-party sites have their own privacy policies and data collection, use and disclosure practices. Please consult each site’s privacy policy. We are not responsible for the policies or practices of third parties.
OUR COMMITMENT TO CHILDREN’S PRIVACY
BH recognizes the importance of protecting the privacy and safety of children. Our Site and services are directed towards the general audience and not directed towards children. We do not knowingly collect information about children under the age of 13 or minors otherwise defined in local law or regulation without verifiable parental consent. If we learn that someone under 13 has provided personal information through our Site, we will use reasonable efforts to remove that information from our databases.
UPDATING AND CORRECTING INFORMATION
We aim to keep our information as accurate as possible and encourage you to promptly update your information if it changes. You may, at any time, access your information to update, modify, or delete any inaccuracies by accessing your resident portal account or by contacting the BH property in which you provided your information.
MODIFICATION OF PRIVACY POLICY
BH regularly reviews this Privacy Policy and ensures that we process your information in a manner that is in compliance with applicable regulations. We reserve the right to change this Policy at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, issuing an email to the email address listed by registered users and posting the modified Policy on this page. Your continued use of this site or the providing of information to us after such modifications will constitute your: (a) acknowledgment of the modified Policy; and (b) agreement to abide and be bound by the modified Policy.
INQUIRIES, COMPLAINTS AND DISPUTES:
Customers may contact BH with any questions, concerns, or inquiries about this Privacy Policy or company data. If you would like to make an inquiry or formal complaint, please click here to complete an online submission or mail to: BH Management Services, LLC, Attn: Website Privacy, 400 Locust Street, Suite 790, Des Moines, IA 50309
All complaints will be evaluated and a reply will be sent as soon as appropriate. In some instances, BH may have to cease services to you if necessary to satisfy your request.
ACCEPTANCE OF THESE TERMS
By using this Site, or providing information to us, you signify your agreement to our Policy. If you do not agree with this Policy, please do not use this site or provide information to us.
California Privacy Policy
Last Revised on: 2/25/2020
This Privacy Policy for California Residents (“California Privacy Policy”) supplements the information contained in BH Management Services, LLC’s primary privacy policy [bhmanagement.com/privacy-policy/]. BH Management Services, LLC (“we,” “us,” or “our”) has adopted this California Privacy Policy in accordance with the notice requirements under the California Consumer Privacy Act of 2018, as amended (“CCPA”), and any terms defined in the CCPA have the same meaning when used in this California Privacy Policy.
This California Privacy Policy is parallel in scope to our privacy policy.
Definitions Specific to this Policy
The CCPA includes definitions for terms specific to this California Privacy Policy that do not apply to BH Management Services, LLC’s privacy policy, including the following terms:
“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. Personal Information does not include publicly available information obtained from government records; deidentified or aggregated consumer information that cannot be reconstructed to identify you; any information covered under the Gramm-Leach-Bliley Act or the California Financial Information Privacy Act, activities covered by the Fair Credit Reporting Act, or protected health information as defined under the Health Insurance Portability and Accountability Act.
“Sale” or “sell” means selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information by the business to another business or a Third Party for monetary or other valuable consideration.
“Service Provider” means a sole proprietorship, partnership, limited liability company, corporation, association, or other legal entity that is organized or operated for the profit or financial benefit of its shareholders or other owners, that processes information on behalf of a business and to which the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.
“Third Party” means a person or entity who is not a business that collects Personal Information from consumers, as defined in the CCPA, and to whom the business discloses a consumer’s Personal Information for a business purpose pursuant to a written contract.
The Personal Information We Collect and Disclose
BH Management Services, LLC does not sell Personal Information.
The information below describes the categories of Personal Information we may collect, examples of the type of Personal Information in each category, and all types of Third Parties with whom Personal Information is shared. We disclose certain Personal Information to Third Parties for a business purpose. We do not sell Personal Information to Third Parties. This information covers the past 12 months.
Personal Information Categories
- Identifiers: name, user/account name, postal address, email address, contact information, internet protocol address, internet cookie identification number, social security number, taxpayer identification number, bank account/credit card number, driver’s license number, passport number, date of birth, picture, resident identification number, device identification number, emergency contact details.
- Personal Information categories listed in California Civil Code § 1798.80(e): name, signature, social security number, address, telephone number, passport number, insurance policy number, education, employment, employment history, financial information, medical or health insurance information.
- Protected classification characteristics under California or federal law: age, race, color, ancestry, national origin, citizenship, marital status, sex, veteran or military status.
- Commercial Information: records of products or services purchased, obtained, or considered, other purchasing histories or tendencies, utility bills, insurance claimant name and contact information, credit history, lease information, rental history, rent amount.
- Internet or other electronic network activity information: browsing history, search history, internet protocol address, cookie identification number, information regarding consumer’s interaction with a website, internet postings.
- Sensory data: pictures, videos, and sounds.
- Employment or other professional information: current job and past job history, job title, and, in the case of prospective and current residents or tenants, pay history, income.
Third Parties with Whom We Share Personal Information
- Contracted service providers who provide IT, system administration and hosting, payment processing, research and analytics, marketing and data enrichment for the purposes set forth above.
- Our affiliates as required based on the affiliate’s relationship with you or where sharing of data is necessary to fulfill a request you have submitted.
- Sponsors of events, contests and promotions in which you have expressed interest or for which you have registered.
- Third Party advertising networks and websites that enable BH Management Services, LLC to market and advertise on Third Party platforms and sites.
- Professional advisors such as lawyers, bankers, auditors and insurers.
- Third Parties who are part of a business transition such as a merger, reorganization or the sale of all or a part of our business.
We will not collect a category of Personal Information not listed above.
Personal Information of Minors
We do not sell the Personal Information of minors.
Right to Opt-Out
We do not sell Personal Information.
Disclosure of Data Collection and Sharing Practices
You have the right to request certain information regarding the Personal Information we have collected about you in the preceding 12 months. You may make such a request up to twice in a 12-month span. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.
If you would like to request: (1) the categories of Personal Information collected about you; (2) the categories of sources providing that Personal Information; (3) the categories of Third Parties with whom we have shared that Personal Information; and (4) the business purpose for collecting that Personal Information, click here. The preceding link will take you to a form that you can complete and submit to make a request for information that we will then verify.
If you would like to request the specific pieces of Personal Information we collected about you, click here. The link will take you to a form that you can complete and submit to make a request for information that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request
Deletion of Your Personal Information
You have the right to request that we delete certain Personal Information that we have collected. Please note that there are circumstances in which we may not be able to comply with your request pursuant to the CCPA, including when we cannot verify your request and/or when there is a conflict with our own obligations to comply with other legal or regulatory requirements. We will notify you following submission of your request if this is the case.
BH Management Services, LLC generally collects information in connection with leasing apartments to residents to facilitate the operation and security of a community. In order to comply with legal obligations, much of this personal information is exempt from deletion under the CCPA. We may not delete some or all personal information if it is necessary for us, or our service providers or affiliates, such as to:
- Complete the transaction for which the personal information was collected, provide a good or service requested by the consumer, or reasonably anticipated within the context of BH Management Services, LLC’s ongoing business relationship with the consumer, or otherwise perform a contract between the business and the consumer,
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity,
- to identify and repair errors that impair existing intended functionality,
- Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law,
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code,
- To enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with BH Management Services, LLC,
- Comply with a legal obligation, or
- Otherwise use the consumer’s personal information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.
If you would like to request that we delete your non-exempt Personal Information pursuant to the requirements of the CCPA, click here. The preceding link will take you to a form that you can complete and submit to make a request for deletion that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.
Verification Process
To help maintain security around resident information, we ask that you provide a few pieces of information about yourself. We will only use the information you provide to verify your identity and the Personal Information that is relevant to your request. We will retain a record of your request, but we will not retain the information you provide beyond the period of time necessary to respond to your request. Verification of identity will be completed via phone, email or postal mail correspondence.
Please provide:
- Name:
- Mailing address:
- Telephone number:
- Email address:
- Community:
- Resident or Applicant:
- If Resident
- Unit number:
- Do you still live at this community?
- Proof of residence in California at the time we collected Personal Information
Authorized Agents
You may designate an authorized agent to exercise your rights under the CCPA on your behalf.
Pursuant to the CCPA:
- Only a business entity or natural person registered with the California Secretary of State may act as an authorized agent.
- You must provide notarized written consent for the authorized agent to exercise your rights under the CCPA on your behalf.
- We may deny a request from an authorized agent on your behalf if the authorized agent does not submit proof that he, she, or it has been authorized by you to act on your behalf if we request such proof, as permitted by the CCPA.
- Even if you use an authorized agent to exercise your rights under the CCPA on your behalf, pursuant to the CCPA we may still require that you verify your own identity directly to us. This provision does not apply if you have provided with a power of attorney under California Probate Code sections 4000 to 4465.
Additional Information
If you would like additional information regarding our California Privacy Policy email privacy@livebh.com or mail to:
BH Management Services, LLC
Attn: Consumer Privacy
400 Locust St., Suite 790
Des Moines, IA 50309
Non-Discrimination
We will not discriminate against you if you exercise any of the rights provided by the CCPA set forth in this California Privacy Policy. Please note that a legitimate denial of a request for information, deletion, or to opt-out is not discriminatory, nor is charging a fee for excessive or repetitive consumer requests as permitted by the CCPA.
Changes to Our California Privacy Policy
BH Management Services, LLC reserves the right to amend this California Privacy Policy at our discretion and at any time. When we make changes to this California Privacy Policy, we will post an updated notice on our website with the effective date.
ADDENDUM B
Colorado and Connecticut Residents
This section supplements the above Privacy Policy and Addendum A for Colorado and Connecticut residents. BH has adopted these policies in accordance with the notice requirements under the Colorado Privacy Act of 2021 (CPA) and the Connecticut Personal Data Privacy Act of 2022 (CTDPA). In addition to the rights listed in Addendum A, the CPA and CTDPA provides the following.
Right to Opt-Out
You have the right to request that we not process your personal information for the purpose of targeted advertising and to opt out of profiling for the purpose of automated decisions making.
Right to Data Portability
You have the right to request your personal information in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the personal information to another entity without hindrance. You may not exercise this right more than two times in a calendar year.
If you would like to exercise this right pursuant to the requirements of the CPA, click here or call (888) 717-0717. The preceding link will take you to a form that you can complete and submit to make a request for deletion that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.
Appeals
To appeal our decision on your data subject requests, you may call (888) 717-0717. Please enclose a copy of, or otherwise specifically reference, our decision on your data subject request, so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.
ADDENDUM C
Virginia Residents
This section supplements the above Privacy Policy and Addendum A for Virginia Residents. BH has adopted these policies in accordance with the notice requirements under the Virginia Consumer Data Protection Act of 2021 (VCDPA). In addition to the rights listed in Addendum A, the VCDPA provides the following.
Right to Opt-Out
You have the right to request that we not process your personal information for the purpose of targeted advertising.
If you would like to exercise this right pursuant to the requirements of the VCDPA, click here or call (888) 717-0717. The preceding link will take you to a form that you can complete and submit to make a request for deletion that we will then verify; if you use the telephone number, you will be guided through a process that will allow you to submit a verifiable request.
Appeals
To appeal our decision on your data subject requests, you may call (888) 717-0717. Please enclose a copy of, or otherwise specifically reference, our decision on your data subject request, so that we may adequately address your appeal. We will respond to your appeal in accordance with applicable law.
