Lexington
Property Management, LLC (“Lexington,” “we,” “us” or “our”) is committed to
maintaining your privacy and informing you of our privacy practices. This
privacy policy and agreement (the “Privacy Policy”) covers
how we collect, use, and treat data and information, including Personal
Information (as defined below), that we collect, receive, process, or store in
connection with our business and business activities (the “Business Practices”), which includes the services we offer
in connection with such Business Practices, including by way of limited
example, developing, managing, and owning Properties (the “Services”) (the Business Practices and Services are
collectively referred to as the “Business”). The term “Property” refers to a specific Lexington physical location
or community, such as, by way of limited example, The Pines at West Cobb.
1.
Scope of this Privacy Policy.
1.1
Application of this Privacy Policy. This Privacy Policy applies to anyone providing us
information including:
· Tenants (residential and commercial),
and employees of commercial tenants, and any guarantors of such tenants, of any
of our Properties (collectively, “Tenants”);
· Contractors, vendors, and other
service providers, including their employees, that provide us with services
(collectively, “Contractors”);
· Potential Tenants or applicants that
have submitted a lease application or other related information to Lexington by
any means, including electronically or in person, in connection with the
Business (collectively, “Applicants”);
· Users that have registered an account
with Lexington (“Registered Users”); and
· Casual visitors of (i) our website
(the “Website”), or (ii) Properties (collectively, “Site Visitors”).
We use
the term “you” to refer to (i) Tenants; (ii) Contractors; (iii)
Applicants; (iv) Registered Users; and (v) and Site Visitors (as the context
permits).
1.2
Exclusions from this Privacy Policy. This Privacy Policy does not apply to our current or
prospective employees providing us information with respect to their actual or
potential employment with Lexington. Similarly, this Privacy Policy does not
apply to persons who execute a subscription agreement or other similar
investment agreement, or who interact with us via the Investor Portal located
at https://investors.appfolioim.com/lexingtonpartners/investor/login.
Additionally, if we provide you with links to other websites, then they are
solely for your convenience and reference and we are not responsible for the
privacy practices or content on, or accessed through, such links or websites.
2.
Your Consent. Please read this
Privacy Policy carefully because once you consent to this Privacy Policy and
its terms, it creates legal obligations on you and on Lexington. As set out
below, the procedures for consenting to this Privacy Policy are obtained in
different ways depending on the type of user you are:
2.1
Your Consent if you are a Site Visitor. By accessing and using our Website or Properties as a
Site Visitor, you are acknowledging that you have read and understood this
Privacy Policy, and agree to be legally bound by it. If you do not agree with
the terms of this Privacy Policy, please refrain from accessing or using our
Website or Properties.
2.2
Your Consent if you are Not a Site Visitor. Except as provided in Section 2.3 (Consent by User
Acting in a Representative Capacity), your consent to, and your affirmative
agreement that you have read and agree to, this Privacy Policy shall be by
providing us information in connection with our Business. For example, you may
become a Registered User by using the registration form provided under the
“Create a New Account” heading (or similar heading) to create an account on our
Resident Portal, and a link to this Privacy Policy is included near the “Create
Account” button. Or, for example, you may consent to this Privacy Policy by
submitting information to us related to your lease application in accordance
with the procedure set out in Section 4.12 (Provision of Personal Information
Offline). In any case, by providing us information, including Personal
Information, you are affirmatively agreeing that you have read and agree to
this Privacy Policy, and to be legally bound by it.
2.3
Consent by User Acting in a Representative Capacity. If you are agreeing to our Privacy
Policy on behalf of a company or other legal entity (“Your Organization”),
then (i) you represent and warrant that you have authority to act on behalf of,
and to bind Your Organization, and (ii) for all purposes in this Privacy
Policy, the term “you” means Your Organization on whose behalf you are acting.
3. The
Information We Collect. Information that you
may provide or that we may collect from or about you in connection with our
Business falls into two broad categories: (i) Personal Information, and (ii)
Anonymous Information.
3.1
Personal Information. We use the term “Personal Information” to mean any information that
identifies you as an individual. The Personal Information we collect may
include the following:
· Your name;
· Your address;
· Your email address;
· Your phone number;
· Your social security number;
· Information about your income and
other employment demographic information;
· Information obtained from background
checks related to your lease or application to a Property;
· Your birthday;
· Your payment information;
· Your other transaction history (i.e.
if you are a Tenant, then your maintenance requests, package notifications,
etc.);
· Time and location data as to when you
access other control mechanisms offered in connection with our Business (such
as smart home features);
· Your browsing history when logged into
our website;
· Your vehicle information;
· Device identifiers, such as cookies;
· Device information, such as hardware
and software settings;
· Other characteristics of a user
device, which, by themselves or taken in conjunction with other information,
are sufficient to distinguish that user device over time from a population of
other user devices;
· IP addresses and log information, such
as your device’s name, the type and version of your web browser, and referrer
addresses that can function to identify a user device; and
· Tracking information that we, or a
third party, collects.
3.2
Anonymous Information. We may also collect,
process, and use information that does not identify you or your devices,
including Personal Information that has been made anonymous by: (i) removing
identifying fields and aggregating the information with other information so
that individuals cannot be re-identified, or (ii) anonymizing the information
with techniques that remove or modify the identifying data so as to prevent
re-identification of the anonymized information (collectively, “Anonymous Information”). Information that meets these
criteria might include, for example, demographic information, statistical
information (e.g., page views and hit counts), and general tracking
information.
3.3
Treatment of Combined Information. To enable us to better understand your characteristics
and/or to conduct the Business, we may link the Personal Information you have
provided with Anonymous Information. If we combine or link any Anonymous
Information with your Personal Information, the resulting combination will be
treated and protected as Personal Information under this Privacy Policy.
4. How
We Collect Personal Information. We collect the above information through the
following means and technologies:
4.1
Registered Users; User Names. In
order to participate in certain Services we offer to Registered Users, we
require that you use the process described in Section 2.2 (Your Consent if you
are Not a Site Visitor) to complete the registration process by consenting to
become a Registered User. Upon request at certain Properties, our employees may
provide you with in-person assistance with the registration process. After
completing the registration process, Registered Users may be provided with an
email username and password, which allows them to gain access to
password-protected portions of our Website and to otherwise use certain
functionality available on our Website. This information is used by Lexington
in providing the Website and conducting its Business, as further detailed
below.
4.2
Payment Processing. Through our
Business, you may be able to pay rent or other fees (including application
fees), which require that we collect Personal Information, including contact
information and payment information (such as credit card number, expiration
date, and security code), in connection with your transaction. We may already
have this information on file if you have previously accessed paid rent or
other fees through our Business. This information is used for billing purposes,
contacting you about your transaction, and sending you other related
communications. Please note that Lexington uses a reputable company (the “Payment Processing Company”) to collect and process your
payment information. We have taken reasonable steps to ensure that the Payment
Processing Company protects Personal Information it collects from you in
compliance with our Privacy Policy.
4.3
Resident Services. If you are a
Tenant, we may provide you with a convenient platform to submit a maintenance
request, get announcements, communicate with your Property manager, add vehicle
information, get notified that a package has arrived, and access other Services
related to the Property in which you reside. In these instances, we use any
information you provide to us for the purposes for which you submit the
information.
4.4 Emails;
Live Chat; Social Media. You may have the
ability to contact us via email, “live chat” functionality, instant messaging,
Facebook Messenger, Snapchat, and other social media platforms with questions,
comments, or feedback concerning our Business. By communicating with us for
these purposes, you may provide us with your email address and other Personal
Information. In these instances, we use any information you provide to us for
the purposes for which you submit the information.
4.5
Questionnaires and Surveys. We
may allow you to participate in surveys and questionnaires, which we may post
or otherwise provide to you from time to time. You are free to choose whether
you participate in a survey or questionnaire. We may ask that, in addition to
providing your responses, you also provide Personal Information. In these
instances, we use any information that you provide to us for the purposes for
which you submit the information. We may also add your Personal Information to
your customer profile, as well as for advertising and marketing purposes.
Survey and questionnaire information may be used for the purposes of monitoring
or improving our Business. As further set out in Section 10.2 (Opt-Out), please
understand that you will not be allowed to “opt out” of formal notices related
to our Business, such as the operation of the Website and App, and legal, and
other related notices concerning safety (such as notices related to fire alarm
testing, repairs, or other exigent circumstances) and your relationship with
us.
4.6
Newsletters and Special Offers. You
may choose to sign up to receive optional communications from us including, for
example, emails, mobile notifications, or “push” notifications with information
related to our Business, including deals, news, and other events. In addition,
if you are a Registered User or if you have previously provided Lexington with
your email address (such as through the means described in Section 4.12
(Provision of Personal Information Offline)), then we may choose to send news,
bulletins, marketing materials, or other information. We will use Personal
Information to determine which communications may interest you, and to send
such communications. If we choose to undertake such communications, you will
have the ability to opt out of receiving these communications as provided in
Section 10 (Changing or Removing Information; Opting Out).
4.7
User-Generated Content. As further set out
below, we may provide you with the ability to submit content to us for our
internal use or to submit content to us for public consumption (collectively,
“User-Generated Content”). If you include any Personal Information relating to
others in your User-Generated Content, then you represent that you have full
permission and authority to do so.
4.7.1
User-Generated Content Provided to Us for Internal Use. We may provide you with the
ability to submit User-Generated Content to us (either directly or through a
third party service), and we may also provide content to you, in order for us
to better provide Services. For example, we may allow you (i) to submit a photo
in connection with a maintenance request and we may also take photos related to
the maintenance request (if such photos are combined with your Personal
Information, then the resulting combination will be treated and protected as
Personal Information under this Privacy Policy), or (ii) to submit responses to
resident surveys or otherwise provide us with feedback related to your
Property, the Services, or the Business. If you provide us with such User-Generated
Content, we will protect it in accordance with this Privacy Policy.
4.7.2
User-Generated Content Provided to Us for Public Consumption. We may give you the ability, for
example, through our Website or a third party social media platform, to engage
with us and others in public exchanges by providing User-Generated Content,
which may include opportunities for you to provide comments, reviews,
recommendations, and other input. Please understand that, if you include
Personal Information in such User-Generated Content, others will be able to
read, collect, re-publish, and otherwise freely use such Personal Information.
We are not responsible for Personal Information that you decide to include in
such User-Generated Content, and we will not take down, remove, or edit
User-Generated Content, except as required by applicable law.
4.8
Verifying Identity. If you submit
requests or information to us, then we may use Personal Information (and other
information that we have about you) to verify your identity and to process your
request. This is designed to further protect you and to reduce the threat of
identity theft and fraudulent transactions.
4.9
Tenant Eligibility; Background Checks. If you are an Applicant (that is applying for a lease
with us), then we will request that you disclose certain information, including
Personal Information, on your rental application or other documents to
determine your eligibility to lease from us. We will use such information, or
provide such information to our Contractors, to: (i) determine your eligibility
to lease from us when you apply; (ii) determine that you continue to meet
eligibility requirements during your lease term with us; (iii) complete the
leasing process; and (iv) request credit and background check reports and other
information about you from third parties in connection with your lease
eligibility (collectively, “Eligibility Information”).
To allow appropriate control over Personal Information, we will make some of
this Eligibility Information available to you and you will be able to view,
change, or update such Eligibility Information that you have previously
submitted to us and certain information that we have used to make decisions
about you (including for your lease) to ensure that such decisions made about
you are based on accurate information by contacting us in accordance with
Section 19 (Contact Us). If you determine that such Eligibility Information is
inaccurate or contains discrepancies, you will be able to identify and provide
evidence of such inaccuracies or discrepancies to us and we then will evaluate
any decisions we made based on such identified inaccuracies and discrepancies.
4.10
Smart Home Features. We may collect
information from you, including Personal Information, in order to provide you
with smart home features such as (i) Wi-Fi connected smart thermostats; (ii)
Wi-Fi connected smart outlets; (iii) Wi-Fi connected smart ceiling fans and
lights; (iv) Wi-Fi connected smart door locks; (v) video conferencing and
facial recognition; and (vi) other smart home products. If smart home features
are offered to you, then we will use the information we collect from them, or
provide such information to our Contractors, in order to provide you with such
smart home features.
4.11
Other Uses. In addition to the
uses specifically identified in this Section 4 (How We Collect Personal
Information), there may be instances where you request information or other
Services from us that are not described in this Privacy Policy. In that
instance, we will use Personal Information that you submit in order to provide
such information or Services to you.
4.12
Provision of Personal Information Offline. If you visit one of our Properties in person and meet
with our employees and/or leasing agents, we may ask you to provide us with
Personal Information (“Offline Personal Information”). Offline
Personal Information may be collected using: (i) in person communications and
dealings with us, such as in-person events like open houses; (ii) paper lease
applications you provide us in person; and (iii) other related Personal
Information you provide us in person. If you provide Offline Personal
Information to us, we will strive to provide you with either verbal and/or
written notice of this Privacy Policy so that you can review it. For the
avoidance of doubt, we treat any Offline Personal Information that you provide
to us as Personal Information under this Privacy Policy.
4.13
Geolocation Information and Beacons. Lexington may provide you with access to a mobile
application (the “App”) may utilize the GPS feature on
your mobile device or beacons to determine your location (your “Geolocation Information”). You must enable the GPS/location
services for the App on your mobile device in order for this feature of the App
to function effectively. We may also collect precise location information when
your mobile device is near a physical “beacon” system that we (or our vendors)
operate. You may also prevent this by disabling location information in your
device settings. To the extent your Geolocation Information is combined with
any Personal Information, we will treat it as Personal Information. We may use
your Geolocation Information to send communications to you as further described
in Section 4.6 (Newsletters and Special Offers), and for other purposes set out
in this Privacy Policy, including smart home features and advertising.
5. How
We Collect Anonymous Information. We use Anonymous Information to analyze the
effectiveness of, and improve, our Business and for other similar purposes. In
addition, from time to time, we may undertake or commission statistical and
other summary analyses of the general behavior and characteristics related to
our Business, including users and the use of our Website and App, and we may
share Anonymous Information with third parties, including Advertisers (if any)
and our Contractors (in accordance with Section 7.1 (Lexington Contractors)).
Anonymous Information provided to third parties as outlined in this Section 5
(How We Collect Anonymous Information) will not allow anyone to identify you.
We may collect Anonymous Information through features of the software that
support our Business (such as those on the Website and the App), through
cookies and through other means described below.
5.1 IP
Addresses; Logs. Lexington may
automatically receive and record information in our server logs from your
browser or mobile device, including your IP address (the Internet address of
your computer), your computer’s name, the type and version of your web browser
or mobile device operating system, referrer addresses, and other
generally-accepted log information. We may also record page views (hit counts)
and other general statistical and tracking information, which will be
aggregated with that of other users in order to understand how our Website is
being used, and for security and monitoring purposes.
5.2
Cookies. A cookie is a
small amount of data, which often includes an anonymous unique identifier that
is sent to your computer or mobile device from a website or a mobile
application and stored on your hard drive. Cookies can be used to provide you
with a tailored user experience and to make it easier for you to use a website
or a mobile application upon future visits. We may include cookies on our
Website or the App, and use them for a variety of purposes, such as to
recognize you when you return to our Website or the App and to remember your preferences.
You may set your browser or mobile device so that it does not accept cookies.
Cookies must be enabled, however, if you wish to access certain personalized
features of the Website or the App.
5.3
Tags. We may use
so-called “pixel tags” – small graphic images (also known as “web beacons” or
“single-pixel gifs”) – to tell us what parts of our Website or the App have
been visited or to measure the effectiveness of searches you perform on our
Website or the App. Pixel tags also enable us to send email messages in a
format that you can read and they inform us whether emails have been opened.
Pixel tags also help us ensure that our messages are of interest to you. You
can “opt-out” of receiving these types of emails from us by following the
directions provided in Section 10 (Changing or Removing Information; Opting
Out). Any Personal Information collected using such tools will be subject to
the terms of this Privacy Policy.
5.4
Click-Throughs. We may send email
messages, which use a “click-through URL” linked to content related to our
Business. When you click one of these URLs, you pass through our web server
before arriving at the destination web page. We may track this click-through
data to help determine interest in particular topics and to measure the effectiveness
of our customer communications. If you prefer not to be tracked simply do not
click text or graphic links in the email, or notify us in accordance with
Section 10 (Changing or Removing Information; Opting Out).
5.5
Configuration. In order to determine
whether your computer or mobile device is supported by our system, we may
collect certain Anonymous Information. This information includes, but may not
be limited to, your operating system and browser, the presence of any software
that our Website or the App may require to operate with your computer or mobile
device, or other third party software on your computer or mobile device. We
will treat such information in accordance with this Privacy Policy.
6.
Internal Uses of Information. We
may use your Personal Information and Anonymous Information to perform internal
administration, auditing, operation, and troubleshooting in connection with our
Business, including to evaluate and improve our Business, and to develop and
test new Business Practices and/or Services.
7. How
We Share the Collected Information. We will not disclose your Personal Information to
unaffiliated third parties without your express consent, except as set out in
Section 9 (Advertising) and in the following limited circumstances:
7.1 Lexington
Contractors. We may employ
Contractors, including Payment Processing Companies, to perform functions on
our behalf, such as collecting or providing information, responding to and
sending electronic mail, or other functions necessary to our Business. We may
need to share your Personal Information with these Contractors. We will provide
Contractors with only that information necessary or desirable to perform their
functions, and we will not allow them to use your Personal Information for any
other purpose.
7.2
Legal. Lexington will
reveal your Personal Information to the extent we reasonably believe that we
are required to do so by applicable law.
7.3
Transfer of Business. Lexington shall be
entitled to transfer to a third party information that we collect, including
any Personal Information, in connection with: the sale of (i) a Property (or
Properties); (ii) an entity that holds a Property (or Properties); or (iii) all
or substantially all of the assets of such entity, provided the acquiring third
party has agreed to safeguard your Personal Information with protections that
comply in material respects with this Privacy Policy.
8.
Accuracy and Minimization of Data. We take reasonable steps (i) to maintain the accuracy
of the Personal Information we process, and (ii) to limit the Personal
Information that we process to that which is reasonably necessary for the
purposes for which we obtained the information. We will retain your Personal
Information for as long as reasonably necessary to conduct the Business or
provide the Services to you or as necessary for compliance with applicable law.
You may request that we delete your information in accordance with the
procedures and limitations set out in Section 10.3 (Deleting Information).
9.
Advertising. We participate in
advertising to keep our customers apprised on product offerings, Property
promotions, and associated content. As further set out below, we may use the
information you provided to us to provide you with advertising or promotions
based on your interaction with our Business. These advertisements and
promotions may be related to the Business, or for other third party services
and products that we think may interest you.
9.1
Our Use of Anonymous Data for Advertising. Like many companies, we utilize targeted Lexington
banners and ads and may display these to you when you are on other websites and
mobile applications. We do this using a variety of digital marketing networks
and ad exchanges in addition to using a range of advertising technologies like
web beacons, pixels, ad tags, cookies, and mobile identifiers, as well as
specific services offered by some sites and social networks. The banners and
ads that you may see displayed will be based on information we hold about you,
such as your previous use of our Website or the App. This may include your
search history on our Website or the App, the content you read on our Website
or the App, or on Lexington banners or ads you have previously clicked on.
9.2
Advertisers Use of Anonymous Data for Advertising. Additionally, we may include the
use of ad banner partners for the serving and/or targeting of ads, promotions,
and other marketing messages. These ads may be provided, in some cases, by a
third party ad service provider or advertiser (collectively, “Advertisers”). Additionally, Advertisers may place or
utilize their own cookies on your browser and may use Anonymous Information
about your visit to our Website or your use of the App. If an Advertiser
requests that you provide Personal Information to it or otherwise accept its
cookie on your browser, please be aware that the Advertiser’s use and
collection of this information and use of any cookies will be governed by its
privacy policy or other relevant agreement, and not our Privacy Policy. We
recommend that you review the Advertiser’s privacy policy before providing
Personal Information. You may choose not to receive targeted advertising from
certain ad networks, data exchanges, marketing analytics, and other service
providers as indicated at: http://www.aboutads.info/choices/.
9.3
Promotional Partners Use of Limited Personal Information. We may also provide a limited
subset of your Personal Information to promotional partners that provide us
with performance based incentives if you subscribe to, or use, their services
(collectively, “Promotional Partners”). This may include, by way of limited
example, if we provide a cable TV provider with your contact information and we
receive an incentive if you subsequently subscribe to the cable TV provider’s
services. Such limited subset of your Personal Information may include: (i)
your name; (ii) your address; (iii) your email address; and (iv) your telephone
number. We will never provide Promotional Partners with: (a) your social
security number; (b) your payment information; or (c) your other transaction
history (as described in Section 3.1 (Personal Information)).
10.
Changing or Removing Information; Opting Out.
10.1
Access and Transparency. To allow
appropriate control over Personal Information, you will be able to view,
change, or update your Personal Information, including Eligibility Information
that you previously submitted to us in accordance with Section 4.9 (Tenant
Eligibility; Background Checks).
10.2
Opt-Out. If we choose to
send to you bulletins, updates, mobile notifications, or other
marketing-related materials, we will provide you with the ability to decline –
or “opt out” – of receiving such communications. Instructions for opting-out
will be provided if and when we determine to send you such a communication. For
example, if you no longer wish to receive email messages from us, you can opt
out of this service by either (i) following the “unsubscribe” instructions
located near the bottom of each email message, or (ii) contacting us as
provided in Section 19 (Contact Us). Please understand that you will not be
allowed to “opt out” of formal notices related to our Business, such as the
operation of the Website and the App, and legal, and other related notices concerning
safety (such as notices related to fire alarm testing, repairs, or other
exigent circumstances) and your relationship with us.
10.3
Deleting Information. If you request, we
will take reasonable steps (or such other steps that may be required by applicable
law) to remove your name and all other Personal Information from our databases.
Please understand, however, that deletion requests are subject to certain
limitations and it may be impossible to remove this information completely due
to backups, records of deletions, and other requirements. In addition, we may
retain Personal Information as permitted by law, such as for recordkeeping
purposes, to maintain an active account, comply with litigation holds, and to
process transactions and facilitate customer requests. For example, we may be
required to, and shall, retain your Personal Information for a certain period
of time based on the payment method you use to complete a transaction with us.
As such, if certain Personal Information remains in our databases following the
deletion of your account, then we will continue to treat such remaining
information in accordance with this Privacy Policy and applicable law. In
addition, please understand that, if you request the deletion of your
information, you will be unable to utilize certain associated features that
require such information. You may not remove de-identified, anonymous, or
aggregate data from our databases.
10.4
Third Party Personal Information. To the extent that you provide Lexington with
Personal Information of third parties, you represent and warrant that you have
permission from such third parties to provide us with their Personal
Information.
11.
Security. We recognize the
sensitivity of our users’ Personal Information and we have put in place
security systems designed to prevent unauthorized access to or disclosure of
this information. Our security systems include physical, technical, and
administrative information security controls, and we take commercially
reasonable steps to secure and safeguard such Personal Information in
accordance with applicable law. However, no information or communication system
can be 100% secure, so Lexington cannot guarantee the absolute security of your
information. In addition, Lexington is not responsible for the security of
information that you transmit over networks that Lexington does not control,
including the Internet and wireless networks.
12.
COPPA Advisory and Procedures. Our
Services and this Website are not directed to children under 13 years old (each
a “child,” as set forth in Children’s Online Privacy
Protection Act (“COPPA”)). We understand, however, that there may be
instances where a Tenant, as parent or guardian of a child, permits the child
to access Services or otherwise directly provide us with information. For
example, a Tenant may allow his or her child to submit a maintenance request.
If we receive information that we know is from a child, we will use such
information solely for purposes of fulfilling or responding to the specific
request made by the child. You authorize Lexington to collect and act upon, in
that limited manner, information provided by your child (or children),
including personal information (as such term is defined under applicable law),
(a) by signing a lease with Lexington and/or (b) by paying rent or other fees
to Lexington that relate to such Services. If you believe that we have received
or collected information from your child in a manner with which you do not
agree, please submit a deletion request and we will follow the procedures set
out in Section 10.3 (Deleting Information) to delete the information.
13.
Notice of Privacy Rights to California Residents.
13.1
Shine the Light Law. California law
requires certain businesses to respond to requests from California users who
ask about business practices related to disclosing Personal Information to
third parties for direct marketing purposes. The California “Shine the Light”
law further requires us to allow California residents to opt out of certain
disclosures of Personal Information to third parties for their direct marketing
purposes.
13.2
California Consumer Privacy Act Disclosure. The California Consumer Privacy Act (the “CCPA”) provides various rights to individuals and
households with respect to the collection and use of Personal Information that
we have collected about California residents. We use the term “resident” to
refer to a California resident to whom the CCPA applies. Among other rights
under the CCPA, as further set out in this Section, a resident may request that
we (i) disclose to the resident Personal Information that we have about such
resident (including Personal Information about you that is sold), and (ii)
subject to certain exceptions, delete Personal Information that we have about
such resident. A resident may request a copy of the following using the
mechanism set out in Section 13.3 (Submission of a Consumer Request): (a) the
categories of Personal Information we collected about such resident; (b) the
categories of sources from which the Personal Information is collected; (c) the
business or commercial purpose for collecting or selling the Personal
Information; (d) the categories of third parties with whom we share such
resident’s Personal Information; and (e) the specific pieces of Personal
Information we have collected about such resident. Residents may submit a
request for such information no more twice in any twelve (12) month period, and
our disclosure of such requested information shall only cover the twelve (12)
month period preceding our receipt of such request. Additionally, a resident
may request that we delete such resident’s Personal Information using the
mechanism set out in Section 13.3 (Submission of a Consumer Request). A
resident’s rights as to such deletion requests are set out in Section 10.3
(Deleting Information).
13.3
Submission of a Consumer Request. We are in the process of implementing a web-based
form and toll-free number for residents to submit a request to us to access or
delete their Personal Information. In the interim, please submit such requests
to the email address provided in Section 19 (Contact Us) or in person to a
leasing agent. We will respond to your request within forty-five (45) days or
as permitted by applicable law.
14.
Feedback. We want to
encourage your feedback. If you have a suggestion on how we can improve our
Business or concerns you would like us to address, please contact us at the
address set out in Section 19 (Contact Us). Certain states may provide you with
additional avenues for lodging complaints. Please check with your state’s
consumer protection authority.
15.
Notification of Changes. Lexington may
change its Privacy Policy from time to time for our business purposes and to
comply with changes in applicable law. In the event of any substantive or
material changes, we will communicate these changes to you by posting the
updated privacy policy on the Website or the App and/or notifying you of the
change via the Website, the App, email, or other methods. Your continued use
of, or access to, the Business following such notice constitutes your agreement
to follow and be bound by the updated privacy policy.
16.
Our Affiliates. We may choose to
rely on, and share information with, divisions within our company or other
companies closely related to us – our “Affiliates” – for certain purposes under
this Privacy Policy. By “Affiliate,” we mean (unless otherwise defined by
applicable law) an entity that controls, is controlled by, or is under common
control with Lexington Investment Corporation. You agree that Lexington
Affiliates will be entitled to enjoy our rights under this Privacy Policy and,
in exchange, we agree to be responsible for our Affiliate’s failure to comply
with this Privacy Policy. We ensure that our Affiliates agree to protect
Personal Information in a manner no less protective of your interests than the
protections set out in this Privacy Policy.
17.
Relationship to Terms of Use. This
Privacy Policy must be read in conjunction with our Terms of Use, and the
provisions of our Terms of Use are incorporated herein. If Terms of Use
conflict with the terms of this Privacy Policy, then the terms of this Privacy
Policy shall control. If the terms of any other contract between you and Lexington
conflict with the terms of this Privacy Policy, then the terms of this Privacy
Policy will control with respect to your use of this Website.
18.
Further Resources. If you wish
further information concerning privacy policies in general, you should visit
the following site: http://www.ftc.gov/privacy/index.html.
19.
Contact Us. If you have any
questions about this Privacy Policy, the Business, or your dealings with Lexington,
please contact us using the methods provided on our Contact Us page or email
us.
20. Do
Not Track Notice. Our Website does
not change its behavior when receiving “Do Not Track” signals from browser
software.