Last Revised: September 30, 2017
The "Services" means those services, products or features Fenton may offer from time to time on or through one or more of the Websites, including, without limitation, listings of available residential and commercial properties, online rental application services, online rental or lease payment services, online service request capability, community classifieds, online career center and job application capability, testimonial submission center, community rewards programs, and event calendars and newsletters.
We want you, our user, to understand how we collect and use data about your visit to the Websites, specifically the portions of the Websites or Services that require you to register and/or log in to gain access, fill out forms or otherwise provide information about you. You can choose not to provide us with this information, but certain portions of the Websites or certain Services may not be available to you.
3. TYPES AND COLLECTION OF INFORMATION
- 3.1 Personally identifiable information.
- 3.1.1 Personally identifiable information You Provide. In connection with your use of the Services we may ask you to provide personally identifiable information on the Websites, which may include your first and last name, home address, former home addresses, email address, home telephone number, mobile telephone number, employer name, work address, employment history, gender, birth date, age, personal traits and likeness, Social Security number ("SSN"), password, credit or debit card number or other payment method, billing information, preferences for products or services, shopping and entertainment, financial information and other information about you that is not otherwise publicly available. We also might ask you about relevant details about a property that interests you. These details may include whether the location is a business or residence, the location, and the square footage, to give some examples. This information can be gathered when you send us an e-mail or when you complete the specific web page request or registration form. In all such cases you choose whether to provide us with the personally identifiable information, but certain portions of the Websites or certain Services may not be available to you or we may not be able to respond to your inquiry effectively if you do not provide the personally identifiable information requested.
- 3.1.2 Personally identifiable information Acquired From Third Party Sources. Fenton also may acquire personally identifiable information about you from publicly available sources, social media platforms, third party providers of Services available on the Websites, vendors and other third parties that may share information as permitted in their privacy policies. For example, we may obtain personally identifiable information about you from our third party payment processing providers, currently ClickPay, Entrata and PayLease, in order to process rental and lease payments. In addition, if you register to use certain Services available through the Websites using login credentials from an account you have with a third party, such as a Facebook, Twitter, YouTube, Vimeo or Google account, you give us express permission to receive data from such third party. Fenton may combine personally identifiable information and other information collected as described above with information available from other sources (such as other platforms, analytics services, offline records or publicly available information). If the combined information, or any other non-personal information that Fenton collects about you, is maintained, used or shared in a manner that associates it with you, your name, contact information (online or offline) or other personal information, we will treat such information as personally identifiable information.
- 3.2 Anonymous Information. We also collect certain anonymous or non-personal data regarding your usage of the Websites. This information does not personally identify users, by itself or in combination with other information. We gather it to improve the performance of the Websites and our Services. The non-personal data we collect can include, but is not limited to, information such as the type of browser you are using, your Internet Protocol address, the pages you view, and the length of your visit to the Websites, your media access control (MAC) address, the pages you request, type of computer or device you use, the operating system you use (e.g., Microsoft Windows, Mac OS, Google Chrome OS, iOS or Android), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer or Safari), the domain name of the Internet service provider, your activities while visiting or using the Websites or Services and the content you access or view, the time of your visit to or use of the Websites or Services, your general geographic location such as the city from which your computer or device is connecting to the Internet, information regarding the websites you visit prior to and after visiting the Websites or using the Services, information regarding your Internet location when you see Fenton’s ads and whether you click on such ads, information regarding your age, gender and interests with respect to products and services.
- 3.4 Web Beacons The pages on the Websites may include Web beacons or pixels, which are electronic files to count users who have visited that page, to track activity over time and across different websites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Websites where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.
- 3.5 Third Party Analytics, Cookies, Web Beacons and Other Tracking Tools. We use Google Analytics, which collects information about our users of our Websites and reports usage trends to us, without identifying individual visitors. Google Analytics may collect similar information from you when you are on other websites. To learn more about Google Analytics, including how to opt out of it, please visit https://tools.google.com/dlpage/gaoptout.
- 3.6 Do Not Track. California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn't an industry or legal standard for recognizing or honoring DNT signals, we don't respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.
4. USE AND DISCLOSURE OF INFORMATION
- 4.1 Use and Disclosure of Personally identifiable information.
- 4.1.2 Sharing with Third Parties. We will only share personally identifiable information that you provide to us or we collect to third parties in the following circumstances:
- Consent: When you consent or direct Fenton to share the personally identifiable information. For example, if you apply for an apartment or job through the Services, your name and certain other personally identifiable information will be disclosed to your references.
- Legal obligation or protection from harm: When Fenton has a good faith belief that access, use, preservation or disclosure of your personally identifiable information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Fenton, its users, or the public against harm.
- Merger or sale: If and when Fenton is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, your personally identifiable information may be transferred along with the business.
- 4.1.3 Marketing Uses by Third parties. We do not disclose personally identifiable information to third parties for their marketing purposes without your prior consent. Fenton works closely with certain businesses to provide you with property information and services. Sometimes these businesses make special offers available to visitors to the Websites. If you request to receive information about these offers, we will share your personally identifiable information with these companies so that they can send you details about their special offers. Each of these companies has its own privacy policies with respect to the collection and use of personally identifiable information and we are not responsible for their use of your information.
- 4.2 Use and Disclosure of Non-Personal Information. Fenton may use your non-personal information in a variety of ways, including, without limitation, to administer and improve the Websites and Services, improve navigation of the Websites upon your return visit, analyze and develop marketing and advertising campaigns, provide you with special offers and promotions and determine their effectiveness, customize the content or functionality of Websites to your preferences, and analyze trends and site usage. Fenton may share or disclose your non-personal information with or to employees and service providers who Fenton reasonably believes need such information to perform the foregoing tasks, Fenton also may use, disclose or share your non-personal information in any other way it desires. If any aggregated non-personal information or de-identified non-personal information becomes identifiable to a person, Fenton will treat such information as personal information. We will ask our contracting parties to agree to keep the aggregated non-personal information and de-identified non-personal information in its aggregated or de-identified form.
5. THIRD PARTY WEBSITES
6. CORRECTING OR REMOVING YOUR PERSONALLY IDENTIFIABLE INFORMATION/OPT OUT
You are responsible for ensuring that the personally identifiable information you have submitted through the Websites is accurate and complete. To review or change your personally identifiable information collected by Fenton, please send your request, including the Website or line of business to which your request pertains, to email@example.com or to:
H.G. Fenton Company
Attn: General Counsel
7577 Mission Valley Road
San Diego, California 92108
If you want to unsubscribe from an email or newsletter list of Fenton, please let us know by following the "Unsubscribe" instructions that are included in each promotional email from Fenton. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your purchases, transactions, dealings with the Websites, technical information about the Websites, or other important transactional or administrative matters.
7. INFORMATION SECURITY, RENTENTION AND STORAGE
The Websites are directed to persons 18 years of age or older. Fenton and the Websites do not knowingly collect information from or provide Services to children under age 18. If you are under age 13, you are not permitted to use the Websites or any Services therein, or to submit any personally identifiable information to the Websites. Please see the Terms for more information regarding use of the Websites and Services by persons under age 18.
9. INQUIRIES, CORRECTIONS AND COMPLAINTS
H.G. Fenton Company
Attn: General Counsel
7577 Mission Valley Road
San Diego, California 92108