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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.ELECTRONIC TRANSACTIONS CONSENT AGREEMENT
This Electronic Transactions Consent Agreement (“Agreement”) is between Resident and Management (as defined in the Lease). Resident and Management may hereinafter be collectively referred to as the “Parties.” This Agreement applies to all communications between the Parties, documents or records requiring signature of one or both parties, as well as any other documentation/records between the parties associated with the Lease (collectively, “Electronic Records”). The structure whereby Management and Resident transact via Electronic Records may be referred to herein as the “Electronic Records Program.”
RECITALS
1. WHEREAS, Resident and Management have entered into or are entering into that certain Lease covering a residential tenancy as provided therein. The Parties desire and agree to utilize electronic means to transact business.
2. WHEREAS, the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”) and the Uniform Electronic Transactions Act (“UETA”) require certain written consumer disclosures for electronic communications, electronic signatures, and electronic documents/records involving various transactions.
3. THEREFORE, this Agreement serves to disclose necessary information and obtain Resident’s express consent to and authorization for the Parties to transact business related to the Lease via the use of Electronic Records.
AGREEMENT
4. PURPOSE AND SCOPE: Resident understands that this Agreement is intended to comply with any and all requirements for Management to provide clear and conspicuous written notice to Resident prior to consent to transact business via Electronic Records, including without limitation, electronic communication, electronic signatures and electronic documents/records. RESIDENT UNDERSTANDS AND AGREES THAT THE ELECTRONIC RECORDS CONSENT PROVIDED IN THIS AGREEMENT APPLIES TO EXECUTION OF THE LEASE AND ASSOCIATED DOCUMENTS ARISING BETWEEN RESIDENT AND MANAGEMENT DURING THE COURSE OF THE LEASE TERM (AS DEFINED IN THE LEASE). Management will provide Resident with any documents in non-electronic format as required by applicable law.
5. RIGHT TO PAPER COPIES: RESIDENT UNDERSTANDS THAT RESIDENT HAS THE OPTION TO HAVE ELECTRONIC RECORDS PROVIDED OR MADE AVAILABLE IN PAPER OR OTHER NON-ELECTRONIC FORMAT. Resident has the right to have any Electronic Records provided by Management in non-electronic form at a fee in the amount of $25, except if the property is located in the state of California or Arizona, there is no fee.
6. WITHDRAWAL: Resident understands that Resident has the right to withdraw the consent provided in this Agreement. Resident understands that any Electronic Records created or existing prior to any such withdrawal remain effective and the withdrawal shall only apply after such request. Resident acknowledges that withdrawal and the resulting transactions through non-electronic means may result in delays outside of Management’s control (caused by mail or other non-electronic service). IN ORDER TO WITHDRAW THE CONSENT PROVIDED IN THIS AGREEMENT, RESIDENT MUST CONTACT MANAGEMENT IN WRITING TO EXPRESSLY NOTIFY MANAGEMENT OF THE SAME.
7. METHOD OF PROVIDING ELECTRONIC DOCUMENTS: All Electronic Records including, but not limited to the Lease, shall be provided either (a) via email at the email address Resident provided to Management or (b) by access to a website designated by Management in an email sent to Resident at the time the information is available. All Electronic Records sent by Management to Resident, in either paper or electronic form, will be considered “in writing.” Resident should print and/or download any Electronic Records to retain for Resident’s personal records. Management retains the right, in its sole discretion, to terminate the Electronic Records Program as outlined by this Agreement. Further, Management retains the right to terminate or modify the terms and conditions of the Electronic Records Program. Resident will be provided with notice regarding any changes.
8. HARDWARE AND SOFTWARE REQUIREMENTS: To access and retain copies of Electronic Records, Resident must have internet access with a compatible browser and/or programs. Compatible browsers and/or programs include: IE10 and above, Edge, Chrome, Firefox, Safari. Devices and platforms include Desktop, iPad, iPad mini and ipad air. Management makes no warranties regarding equipment, hardware, software, internet service, or any part thereof, expressed or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose. Management shall notify Resident of any changes in the hardware or software requirements noted in this paragraph.
9. CHANGES IN INFORMATION: RESIDENT MUST PROMPTLY AND REGULARLY UPDATE RESIDENT’S CONTACT INFORMATION WITH MANAGEMENT TO ALLOW UNINTERRUPTED COMMUNICATION VIA ELECTRONIC RECORDS. IT IS RESIDENT’S SOLE AND EXCLUSIVE RESPONSIBILITY TO PROVIDE MANAGEMENT WITH A TRUE, ACCURATE AND COMPLETE EMAIL ADDRESS AND OTHER CONTACT INFORMATION. UPDATES CAN BE MADE BY CONTACTING MANAGEMENT IN WRITING. Resident accepts responsibility for notifying Management of any changes to Resident’s email address or other contact information. Management is not liable for any third-party fees incurred by Resident, other legal liability, or any other issues or liabilities arising from Electronic Records sent to an invalid or incorrect email address (or other electronic medium provided by Resident). Resident’s participation in the Electronic Records Program outlined in this Agreement may be discontinued by Management if Resident fails to provide a valid email address, whereas any subsequent communication sent by Management may be provided in non-electronic form. Employees who consent to be contacted during the hiring process agree to receive conversational SMS communication from Gaines Investment Trust. When receiving a message, reply “STOP” to opt-out of SMS, or reply “HELP” for support. Message and data rates may apply. Messaging frequency may vary. Please visit https://www.gainesinvestmenttrust.com/privacypolicy.aspx to see our Privacy Policy and https://www.gainesinvestmenttrust.com/termsandconditions.aspx for our Terms and Conditions.
10. COMPLIANCE WITH APPLICABLE LAW: Resident acknowledges and agrees that the consent provided in this Agreement is in connection with a transaction or transactions between the Parties, subject to E-SIGN and/or UETA. Both Resident and Management intend for E-SIGN and/or UETA to apply to the fullest extent possible in order to validate the Parties ability to conduct business by electronic means.
11. CONSENT AND AUTHORIZATION: Resident hereby affirmatively consents to the Electronic Records Program and the transaction of business via Electronic Records, including without limitation the electronic communication, electronic signing, and electronic delivery of Lease documents. Resident understands that Management retains the right to modify the scope of the Electronic Records Program in the future and to provide documents/records in a non-electronic manner. Resident represents that Resident has the authority to enter into this Agreement for all persons related, in any way, to the Lease. All such persons shall be bound by the terms of this Agreement.
12. ELECTRONIC SIGNATURE: Resident agrees that use of a key pad, mouse or other device to select an item, button, icon or similar act/action, or to otherwise provide Management any Electronic Records, including without limitation, communications, accessing documents/records or making any transactions (including execution of the Lease), constitutes Resident’s signature, acceptance and agreement, as if actually signed by Resident in writing. Resident understands and agrees that no further certification authority or third party verification is necessary to validate Resident’s electronic signature, with the lack of any such verification explicitly having no impact on the enforceability of Resident’s signature on any document/record. If the property is located in California, this agreement pertains only to electronic transactions as described and permitted under California Civil Code Sections 1633.1-1633.17 and does not include services of notices that are required to be sent pursuant to Section 1162 of the California Code of Civil Procedures. Also for California properties, California Civil code section 17(b)(3) defines “electronic signatures” as “an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic signature.
13. CONFIRMATION: To consent and confirm that Resident can access this information electronically, Resident verifies the following by checking the box indicating you have read and accepted the terms and conditions.
· Resident is able to read this Agreement;
· Resident is able to print on paper or electronically save this Agreement for future reference and/or access;
· Resident is able to receive and/or send this Agreement through email;
· Resident consents to receiving Electronic Records exclusively in electronic format pursuant to the terms and conditions described in the Agreement and the Lease; and
· Resident understands that Resident must withdraw the consent provided in this Agreement pursuant to the terms and conditions described above.
IMPORTANT: PRINT AND RETAIN THIS AGREEMENT
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 RentCafe Resident Portal website or our related mobile applications that may be available for download (collectively, the “Site”). To access the Privacy Policy of RentCafe, 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, biometric information or biometric identifiers (if you choose to schedule a self-guided tour and/or use our identity verification services), 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 (if you choose to use Smart Home or the Home IQ Device(s) or Home IQ Hub), 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.
Your Personal Information may be retained for as long as you use the Site or our products and services. 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.
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; with contracted service providers; 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. With respect to biometric information or biometric identifiers, we may disclose such data to our technology service providers for the purpose of verifying your identity. 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.
ACCEPTABLE USE. You agree you will not modify, tamper with, reverse engineer, decompile, or otherwise attempt to discover the source code for, any Site or related hardware or software associated with the Site.
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: (858) 454-0322
By email at: allisonb@gainesinvestmenttrust.com
In writing at: Attention – Western States Asset Management, 7590 Fay Avenue Suite 100, La Jolla, CA 92037
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:
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/
Updated: September 15 2022