Terms and Conditions

 

Welcome to our Property website powered by Yardi’s RENTCafe technology platform.  These terms apply to persons or entities who access this website or its downloadable mobile applications (collectively, the "Site”), including without limitation renters and potential renters (collectively, with all persons who access the Site, "Renters" or "you").

By using this website you represent and warrant that you have read, acknowledge and agree to be bound by the terms and conditions of as detailed herein. You further represent and agree that:  (i) you have the power and authority to enter into this agreement; (ii) you are at least eighteen (18) years old; (iii) you will comply with all US laws regarding the transmission of any data obtained from or entered onto this website in accordance with these terms and conditions; (iv) you will not use the website for illegal purposes; and (v) you will not interfere or disrupt networks connected to the website. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS WEBSITE. YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF THE SITE AND SERVICES.

Please check these terms of use frequently, as we may occasionally unilaterally change these terms and conditions of use by revising the language contained on this website and your continued use of this website will constitute your acceptance of such changes.  We reserve the right to modify or discontinue any component of this website or any of these terms. We expressly reserve the right to terminate your right to use this website.  You are responsible to safeguard your account information and agree to hold the Property harmless from any claims resulting from the improper use of your account information. All content included on this site, including software, graphics, and logos is the property of the Property and/or those companies which perform services on behalf of the Property and is protected by applicable copyright laws.

RENTCafé is a technology platform that facilitates the development and delivery of innovative renter-related services (the "Services"). RENTCafé allows residents of the Property to take advantage of a range of services designed to make their relationship with their property manager or owner as pleasant as possible. 

 Subject to your compliance with these Terms, the Property hereby grants you permission to access and use the Site and Services, provided that you shall not (and shall not allow any third party to): (i) engage in commercial use of the Site or any content on the Site, except for the purpose of engaging in rental-related activities ; (ii) 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; (iii) 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 Service; (iv) use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Site or Services, including, but not limited to, for purposes of constructing or populating a searchable database of business or property reviews; (v) collect or harvest any information about other users or members (including usernames and/or email addresses) for any purpose; (vi) reformat or frame any portion of the web pages that are part of the Site or Services; (vii) create user accounts by automated means or under false, misleading or fraudulent pretenses; (viii) create or transmit unwanted electronic communications such as "spam" to other users or members of the Site or Service or otherwise interfere with other users' or members' enjoyment of the Site or Services; (ix) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (x) use the Site or 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; (xi) copy or modify the HTML code used to generate web pages on the Site; (xii) use any device, software or procedure that interferes with the proper working of the Site or Services, or otherwise attempt to interfere with the proper working of the Site or Services; (xiii) take any action that imposes, or may impose in The Property’ sole discretion, an unreasonable or disproportionately large load on our IT infrastructure; (xiv) modify, adapt, translate, or reverse engineer any portion of the Site or Services; or (xv) use the Site or Services, intentionally or unintentionally, to violate any applicable local, state, national or international law or regulation, including, but not limited to, Fair Housing laws and regulations.

 

You agree that The Property 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 The Property 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 from 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 SERVICES.

 ACCOUNT REGISTRATION AND USE. In order to use certain features of the Site or applicable Services, you will have to register and create a password-protected account ("Your Account") and/or submit information, content, photos, data or other material ("Information" or "Material").

You agree to: (i) provide true, accurate, current, and complete information as prompted by the registration form; and (ii) maintain and update such information to keep it true, accurate, current, and complete at all times. The Property 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 The Property 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 The Property 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 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 account of any other person. The Property cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

Renter Screening. As part of the Services, Account holders may be permitted to submit information through the Site for the purpose of conducting a background check or screening of the Account holder on behalf of a Property Manager (a "Screening"). Your submission of the information requested for a Screening shall constitute your consent to the Screening process. Screenings also may be governed by other The Property requirements which are disclosed to you in connection with the Screening input webpages or screens on this Site. 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 directly.  Payments. Except as expressly provided below, any payments you submit through the Site, whether for a rental deposit, rental payment, or any other service or transaction, are for services provided by a Property Manager. The Property is not involved in, is not liable for, and is not a party to those transactions even though The Property provides a platform through the Site and a Service through which Renters may submit payments to various third parties and The Property may receive a portion of payments made by Renters through the Site. Certain Services relating to Renters, such as screening services and rental agreement execution fees, may have a charge associated with them that may be imposed by The Property or another company, which other company may or may not be a subsidiary or affiliate of The Property.

 In addition, but without limitation, you may not post Comments or engage in any other activity on the Site that:

· defames, threatens, abuses or otherwise violates the legal rights of others;

· is harmful to children, profane, obscene, indecent or racially or ethnically offensive;

· infringes another's rights to intellectual property, publicity, or privacy;

· collects or stores personal information about other Site users;

· contains advertisements, promotions, commercial solicitations, contests or surveys (unless you have our written consent to do so);

· contains, transmits or disseminates spam, chain letters, or information intended to assist in the placement of a bet or wager;

· contains, transmits or disseminates viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Site, or any software, hardware or other related equipment;

· disrupts or otherwise interferes with the Site or the networks or servers used by The Property; or

· impersonates any person or entity or misrepresent your connection or affiliation with a person or entity; or

· constitutes illegal activity.

 Google Maps. The Site utilizes Google Maps and related content licensed to the Property by Google and its licensors. By using the Google Maps features available on the Site, you are agreeing to be bound by the Google Maps/Earth Terms of Service.

INDEMNITY. You agree to indemnify, defend and hold the Property 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 "The Property 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: (i) your negligence or misconduct; (ii) your Information or Material contributed to or submitted through the Site or the Services, including without limitation information associated with Your Account; (iii) your conduct, including your use of the Site and Services; (iv) your connection to the Site; (v) any violation or breach of these Terms; (vi) your use of the electronic signature  execution functionality , including without limitation, the sufficiency of an electronic signature or the enforceability of  electronically signed Agreements; or (vii) 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 (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 Property Indemnified Parties. The Property shall have the right, in its sole discretion, to select its own legal counsel to defend The Property 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 The Property's reasonable attorneys' fees incurred in connection therewith. You shall notify The Property immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or The Property'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 The Property, 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 The Property.

 YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. THE SITE AND SERVICES AND ALL 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, THE PROPERTY AND ITS LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES 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.

 

 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 one (1) year after such claim or cause of action arose or be forever barred.

 

 PRIVACY POLICY

This privacy policy describes the privacy practices in connection with information we collect from you online or its downloadable mobile applications (collectively, the "Site") All information pertaining to the  Property is passed along to that property’s Property Manager and management company.

We may collect information in several ways by your use of this Site, as well as from forms you submit to us, personal correspondence, such as emails or letters that you send to us, information you include in an application you complete on the Site, information you provide when scheduling a property visit through the Site, or any other activity through which you identify yourself to us. We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you ("Personally Identifiable Information"). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), user IP addresses, browser types, domain names, internet service providers, referring/exit pages, date/time stamp, operating system, clickstream data and other anonymous statistical data involving the use of our Site ("Non-Personally Identifiable Information").

Like many other website operators, we 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, we may use other now known or later developed technologies, to assist us 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.

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 us 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 our 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. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Site. The use of cookies by Google Analytics is covered by Google's privacy policy (http://www.google.com/privacy/privacy-policy.html).

If you choose to use the Refer a Friend email link to tell a friend about our site or a property listed on our site, we will ask for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email (and tracking the success of our referral program).

To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or collected online by third parties.

SHARING OF PERSONAL INFORMATION.

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Site. If necessary for the application or rental processes, we also may share your personal information with our third-party service providers (including payment processors and screening companies) We also may disclose an individual's personal information:

to a person who in our reasonable judgment  is seeking the information as an agent of the individual;

in situations where sharing or disclosing your information is required in order to provide  you products or services you desire;

to a third party or parties, where disclosure is required by law, a judicial proceeding, a criminal investigation, a court order, or legal process;

if, in the reasonable judgment of us, it is necessary to enforce compliance with our internal policies or the Terms , to prevent illegal activity or suspected fraud, or to protect our Site, customers, or others; and

to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of our assets.

We are committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. In spite of these protections, we cannot guarantee the security of any data submitted over the Internet. This Privacy Policy does not apply to other websites that may be accessible through this Site. Please be aware that third-party websites may have their own privacy and data collection policies and practices. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website that you visit.

ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION.

You can see, review and change most of your personal information by logging into your account and editing your Account Profile or by contacting us. If your personal information changes or is inaccurate, you must change it promptly.

In some instances, where requested by you, we will use your personal information to conduct a screening process and/or produce a screening report or provide your information to a screening company in order to obtain a screening report for the Property Manager. The screening report may include credit information. Under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), you may have the right to access, view and correct credit information relating to you held by a credit bureau by contacting the credit bureau.

 If you have any questions or concerns about this Site or the Terms please contact the Property.

Last Updated: February 14, 2013


RENTCafé PRIVACY POLICY

UNITED STATES RENTCafé PRIVACY POLICY

This privacy policy (the “Privacy Policy”) of Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi,” “we,” “us” or “our”) describes our privacy practices regarding information we collect from persons or entities in the United States (“you” or “your”) who access our RENTCafé websites or our related downloadable mobile applications that we may make available from time to time (collectively, the “Site”).

PURPOSE. The purpose of this Privacy Policy is to inform you about the types of information we gather about you, including information gathered when you visit the Site, and 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. Yardi strives to help visitors of the Site protect their privacy while using our Site.

We collect information on behalf of property owners and managers who list or advertise properties on the Site and/or use services offered through the Site to communicate or transact with potential or actual renters (the “Property Managers”) and for our own use in connection with our operation of the Site. All information pertaining to the specific properties is passed along to that property’s Property Manager. This Privacy Policy governs our use of such information, but does not govern the use, storage and/or further collection of information that may occur at the property level, which use, storage and further collection will be governed by each property’s privacy policy. If made available to us, we will attempt to provide information indicating the location of the property’s privacy policy. If a privacy policy is not available for a property, we will provide appropriate contact information for the property and/or you should seek such information from the Property Manager.

THE SITE IS NOT INTENDED FOR CHILDREN AND YARDI DOES NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION ON THE SITE FROM CHILDREN UNDER THE AGE OF 13. IF YARDI LEARNS THAT A CHILD UNDER THE AGE OF 13 HAS SUBMITTED PERSONALLY IDENTIFIABLE INFORMATION TO YARDI 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.

Yardi may amend this Privacy Policy from time to time. Should the Privacy Policy be modified in any way, the new Privacy Policy will be posted to this webpage. As we may make changes from time to time without notifying you, we suggest that you periodically review the Privacy Policy. By using the Site after the effective date of any modification to the Privacy Policy, you expressly consent, without qualification, to the collection, use and disclosure of information, including Personally Identifiable Information (that you previously provided or later provide), as described in the new Privacy Policy.

TYPES OF Information COLLECTED. We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), user Internet Protocol (IP) addresses, browser types, domain names, internet service providers, referring/exit pages, date/time stamp, operating system, clickstream data, information about you such as how you use of the Site and your communication preferences, and other anonymous statistical data involving the use of our Site (“Non-Personally Identifiable Information”).

Personally Identifiable Information we collect may include your name, email addresses, postal addresses, ZIP codes, social security number, driver’s license number, prior addresses, monthly rent paid at prior residences, employers, job titles, income, telephone numbers, credit card information, bank account information and routing numbers, date of birth, gender, age, marital status, user name and password (if you choose to become a registered user of the Site or our products and services), emergency contact information, information about your pets, information about your vehicles including license plate numbers, and other information either desirable or necessary to provide quality services to our customers and visitors. We may also collect information about you such as your use of the Site and communication preferences.

You may choose not to provide your Personally Identifiable Information by not entering it on the Site; however you will not be able to use certain services and features if those services and features require Personally Identifiable Information in order to function.

USE OF COOKIES AND OTHER TECHNOLOGIES. Like many other website operators, Yardi 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, Yardi may use other now known or later developed technologies, to assist Yardi 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.

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 Yardi 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 Yardi’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. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Site. The use of cookies by Google Analytics is covered by Google’s privacy policy (http://www.google.com/policies/privacy/).

How We Collect and Use Information. We may collect information in several ways by your use of this Site, as well as from forms you submit to us, personal correspondence, such as emails or letters that you send to us, information you include in an application you complete on the Site, information you provide when scheduling a property visit through the Site, or any other activity through which you identify yourself to us. When you visit the Site, our servers may log your IP address, the URL of your request and other information that is provided in the HTTP header. We may also ask you to voluntarily provide us with personal information on this Site: for example, while many of the features of the Site are available without registering, you may be asked to create an account on the Site if you desire to access certain features. Further, in some instances, we may ask you to provide personal information in order to perform screening services for property managers or owners. Although you may decline to voluntarily provide Personally Identifiable Information when asked, some features, products and services will be unavailable to you as a result.

In addition, Property Managers and/or our third-party service providers may ask you voluntarily to provide personal information through our Site or on their websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider's privacy policies and not this Privacy Policy.

If you choose to use the Refer a Friend email link to tell a friend about our site or a property listed on our site, we will ask for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Yardi stores this information for the purposes of sending this one-time email and tracking the success of our referral program only.

To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or collected online by third parties.

Yardi may use the information collected from you to provide services which you have requested from us: including, without limitation, sending your contact information to properties that you are interested in; sending your rental application to properties that you have selected; and enabling you to use the Resident Portal. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Yardi may use third-party service providers to send and distribute email and to perform other marketing and support functions. We may use information we collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, to analyze trends, administer the Site, gather demographic information the Site’s users, track user movements and to customize the content and layout of this Site for each individual user.

Email Management. You may receive emails from Yardi and or RENTCafé for a variety of reasons - for example, if you took an action through the Services, you signed up for a regular report, you signed up for a saved search alert, or you added a property to your favorites list. We respect your desire to manage email correspondence. If you have an account with RENTCafé, you can select your preferences through your account settings. Also, you can manage your receipt of some 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 important transactional or administrative information.

Sharing of Information COLLECTED. Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Site. We may share your personal information with the Property Managers that list apartments on the Site. We also may share your personal information with our third-party service providers (including payment processors and screening companies) or with other select third parties who offer goods or services we think may be of interest to you. From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our co-sponsor. We also may provide your personal information to service providers or contractors to perform functions on our behalf, such as, but not limited to, companies or individuals hired to: communicate news, deliver Yardi’s promotional materials via e-mail and direct mail, to develop, enhance, market or provide any of Yardi’s products, to process credit card payments and to assist Yardi with sending communications and performing other marketing and support functions. These third parties may use technologies to measure the effectiveness of ads and emails and use information about your visits to our Site so that we may provide you with a better experience on our Site. Yardi also may use third-party social media platforms, including third-party social media websites, to communicate with you.

We also may share with third parties, including, without limitation, our corporate partners, aggregated demographic and statistical information that is not personally identifiable (including, for example, the number of users who searched for certain types of housing, the daily number of unique visitors to the Site, how many users clicked on a particular advertisement and how many users were using a certain internet service provider).

Yardi also may disclose an individual’s personal information:

  • to a person who in the reasonable judgment of Yardi is seeking the information as an agent of the individual;
  • in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
  • to a third party or parties, where disclosure is required or permitted by law, a judicial proceeding, a criminal investigation, a court order, or legal process; if, in the reasonable judgment of Yardi, it is necessary to enforce compliance with our internal policies or the Terms of Use, to prevent illegal activity or suspected fraud, or to protect our Site, customers, or others; and
  • to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Yardi’s assets.

Yardi may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.

Through the Site, Yardi may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.

How We Store Your Information. Yardi is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. In spite of these protections, Yardi cannot guarantee the security of any data submitted over the Internet. After your information reaches Yardi, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. We may store and process your personal information in the United States or Canada or any other country in which we or our agents maintain facilities. By using the Site, you consent to the transfer of your information among these facilities, including those located outside your home country.

Third-Party Websites. This Privacy Policy applies solely to information collected by Yardi. This Privacy Policy does not apply to other websites that are accessible through this Site, including but not limited to any third-party websites that process payments or perform screenings on behalf of Yardi, any property website, and ForRent.com. Please be aware that third-party websites that process payments or perform screenings for Yardi and websites for our advertisers, sponsors, affiliated entities and other third parties that are accessible through this Site may have their own privacy and data collection policies and practices. Yardi is not responsible for the privacy practices of such sites and will not be responsible for any actions or policies of such third parties. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website that you visit.

RETENTION AND DESTRUCTION OF PERSONAL INFORMATION. In order to provide you with the products and services you request, answer questions you may have about the products and services provided, and for our own accountability to external regulatory bodies, we retain your information for a period deemed reasonable under the circumstances. Information stored in client and contact directories are more difficult to systematically destroy, so we remove such information from time to time when it appears we will no longer have a need to contact you, however we will promptly remove such information upon your written request. Paper files containing personal information are destroyed by shredding, and we destroy electronic information by deleting it. When we discard hardware that was used to store data, we ensure that the data is completely and permanently erased or that the hardware is physically destroyed.

ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION. You can see, review and change most of your personal information by logging into your account on RENTCafé and editing your Account Profile or by contacting us at the addresses below. If your personal information changes or is inaccurate, you must change it promptly. If we disagree that certain information is incorrect, we will include a brief statement from you on the discrepancy and, if you want us to, we will forward your brief statement on your behalf to anyone who received the information from us.

In some instances, where requested by you and a Property Manager, we will use your personal information to conduct a screening process and/or produce a screening report or provide your information to a screening company in order to obtain a screening report for the Property Manager. The screening report may include credit information. Under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), you may have the right to access, view and correct credit information relating to you held by a credit bureau by contacting the credit bureau.

There may be circumstances where your personal information is not accessible, reviewable or able to be modified by you through your RENTCafé account. With some exceptions, you have the right to see what personal information we hold about you. Often all you have to do is ask. We can help you identify what records we might have about you and we will also try to help you understand any information you do not understand (such as abbreviated data or technical language). We may need to confirm your identity before providing you with this access, and we reserve the right to charge a nominal fee for such requests. In some cases, we may require that your request to us for access be made in writing. If we cannot give you access, we will tell you within 30 days or as soon as reasonably practicable and provide you with a reason, as best we can, as to why we cannot give you access.

If we collected personal information on behalf of a third party we may have conveyed that information directly to the third party. If so, it may not exist as part of our own records and you will have to go to the third party to see the information.

Contact Us. If you have questions regarding our Privacy Policy or the use of information collected, you can contact us by email at: privacy@rentcafe.com

Copyright © 2013 Yardi Systems, Inc.


CANADIAN RENTCafé PRIVACY POLICY

This privacy policy (the “Privacy Policy”) of Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi,” “we,” “us” or “our”) describes our privacy practices regarding information we collect from persons or entities in Canada (“you” or “your”) who access our RENTCafé websites or our related downloadable mobile applications that we may make available from time to time (collectively, the “Site”).

PURPOSE. The purpose of this Privacy Policy is to inform you about the types of information we gather about you, including information gathered when you visit the Site, and 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. Yardi strives to help visitors of the Site protect their privacy while using our Site.

We collect information on behalf of property owners and managers who list or advertise properties on the Site and/or use services offered through the Site to communicate or transact with potential or actual renters (the “Property Managers”) and for our own use in connection with our operation of the Site. All information pertaining to the specific properties is passed along to that property’s Property Manager. This Privacy Policy governs our use of such information, but does not govern the use, storage and/or further collection of information that may occur at the property level, which use, storage and further collection will be governed by each property’s privacy policy. If made available to us, we will attempt to provide information indicating the location of the property’s privacy policy. If a privacy policy is not available for a property, we will provide appropriate contact information for the property and/or you should seek such information from the Property Manager.

THE SITE IS NOT INTENDED FOR CHILDREN AND YARDI DOES NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION ON THE SITE FROM CHILDREN UNDER THE AGE OF 13. IF YARDI LEARNS THAT A CHILD UNDER THE AGE OF 13 HAS SUBMITTED PERSONALLY IDENTIFIABLE INFORMATION TO YARDI 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.

Yardi may amend this Privacy Policy from time to time. Should the Privacy Policy be modified in any way, the new Privacy Policy will be posted to this webpage. As we may make changes from time to time without notifying you, we suggest that you periodically review the Privacy Policy. By using the Site after the effective date of any modification to the Privacy Policy, you expressly consent, without qualification, to the collection, use and disclosure of information, including Personally Identifiable Information (that you previously provided or later provide), as described in the new Privacy Policy.

TYPES OF Information COLLECTED. We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), user Internet Protocol (IP) addresses, browser types, domain names, internet service providers, referring/exit pages, date/time stamp, operating system, clickstream data, information about you such as how you use of the Site and your communication preferences, and other anonymous statistical data involving the use of our Site (“Non-Personally Identifiable Information”).

Personally Identifiable Information we collect may include, but is not limited to, your name, email addresses, postal addresses, postal codes, social insurance number, driver’s license number, prior addresses, monthly rent paid at prior residences, employers, job titles, income, telephone numbers, credit card information, bank account information and routing numbers, date of birth, gender, age, marital status, user name and password (if you choose to become a registered user of the Site or our products and services), emergency contact information, information about your pets, information about your vehicles including license plate numbers, and other information either desirable or necessary to provide quality services to our customers and visitors. We may also collect information about you such as your use of the Site and communication preferences.

You may choose not to provide your Personally Identifiable Information by not entering it on the Site; however you will not be able to use certain services and features if those services and features require Personally Identifiable Information in order to function.

USE OF COOKIES AND OTHER TECHNOLOGIES. Like many other website operators, Yardi 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, Yardi may use other now known or later developed technologies, to assist Yardi 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.

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 Yardi 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 Yardi’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. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Site. The use of cookies by Google Analytics is covered by Google’s privacy policy (http://www.google.ca/policies/privacy/).

How We Collect and Use Information. We may collect information in several ways by your use of this Site, as well as from forms you submit to us, personal correspondence, such as emails or letters that you send to us, information you include in an application you complete on the Site, information you provide when scheduling a property visit through the Site, or any other activity through which you identify yourself to us. When you visit the Site, our servers may log your IP address, the URL of your request and other information that is provided in the HTTP header. We may also ask you to voluntarily provide us with personal information on this Site: for example, while many of the features of the Site are available without registering, you may be asked to create an account on the Site if you desire to access certain features. Further, in some instances, we may ask you to provide personal information in order to perform screening services for property managers or owners. Although you may decline to voluntarily provide Personally Identifiable Information when asked, some features, products and services will be unavailable to you as a result.

In addition, Property Managers and/or our third-party service providers may ask you voluntarily to provide personal information through our Site or on their websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider's privacy policies and not this Privacy Policy.

If you choose to use the Refer a Friend email link to tell a friend about our site or a property listed on our site, we will ask for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Yardi stores this information for the purposes of sending this one-time email and tracking the success of our referral program only.

To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or collected online by third parties.

Yardi may use the information collected from you to provide services which you have requested from us: including, without limitation, sending your contact information to properties that you are interested in; sending your rental application to properties that you have selected; and enabling you to use the Resident Portal. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Yardi may use third-party service providers to send and distribute email and to perform other marketing and support functions. We may use information we collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, to analyze trends, administer the Site, gather demographic information the Site’s users, track user movements and to customize the content and layout of this Site for each individual user.

Email Management. You may receive emails from Yardi and or RENTCafé for a variety of reasons - for example, if you took an action through the Services, you signed up for a regular report, you signed up for a saved search alert, or you added a property to your favorites list. We respect your desire to manage email correspondence. If you have an account with RENTCafé, you can select your preferences through your account settings. Also, you can manage your receipt of some 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 important transactional or administrative information.

SHARING OF INFORMATION COLLECTED. Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Site. We may share your personal information with the Property Managers that list apartments on the Site. We also may share your personal information with our third-party service providers (including payment processors and screening companies) or with other select third parties who offer goods or services we think may be of interest to you. From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our co-sponsor. We also may provide your personal information to service providers or contractors to perform functions on our behalf, such as, but not limited to, companies or individuals hired to: communicate news, deliver Yardi’s promotional materials via e-mail and direct mail, to develop, enhance, market or provide any of Yardi’s products, to process credit card payments and to assist Yardi with sending communications and performing other marketing and support functions. These third parties may use technologies to measure the effectiveness of ads and emails and use information about your visits to our Site so that we may provide you with a better experience on our Site. Yardi also may use third-party social media platforms, including third-party social media websites, to communicate with you.

We also may share with third parties, including, without limitation, our corporate partners, aggregated demographic and statistical information that is not personally identifiable (including, for example, the number of users who searched for certain types of housing, the daily number of unique visitors to the Site, how many users clicked on a particular advertisement and how many users were using a certain internet service provider).

Yardi also may disclose an individual’s personal information:

  • to a person who in the reasonable judgment of Yardi is seeking the information as an agent of the individual;
  • in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
  • to a third party or parties, where disclosure is required or permitted by law, a judicial proceeding, a criminal investigation, a court order, or legal process;
  • if, in the reasonable judgment of Yardi, it is necessary to enforce compliance with our internal policies or the Terms of Use, to prevent illegal activity or suspected fraud, or to protect our Site, customers, or others; and
  • to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Yardi’s assets.

Yardi may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a summons. We also may disclose such information in response to a law enforcement agency’s request.

Through the Site, Yardi may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.

HOW WE STORE YOUR INFORMATION. Yardi is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. In spite of these protections, Yardi cannot guarantee the security of any data submitted over the Internet. After your information reaches Yardi, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. We may store and process your personal information in the United States or Canada or any other country in which we or our agents maintain facilities. By using the Site, you consent to the transfer of your information among these facilities, including those located outside your home country.

THIRD-PARTY WEBSITES. This Privacy Policy applies solely to information collected by Yardi. This Privacy Policy does not apply to other websites that are accessible through this Site, including but not limited to any third-party websites that process payments or perform screenings on behalf of Yardi, any property website, and ForRent.com. Please be aware that third-party websites that process payments or perform screenings for Yardi and websites for our advertisers, sponsors, affiliated entities and other third parties that are accessible through this Site may have their own privacy and data collection policies and practices. Yardi is not responsible for the privacy practices of such sites and will not be responsible for any actions or policies of such third parties. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website that you visit.

RETENTION AND DESTRUCTION OF PERSONAL INFORMATION. In order to provide you with the products and services you request, answer questions you may have about the products and services provided, and for our own accountability to external regulatory bodies, we retain your information for a period deemed reasonable under the circumstances. Information stored in client and contact directories are more difficult to systematically destroy, so we remove such information from time to time when it appears we will no longer have a need to contact you, however we will promptly remove such information upon your written request. Paper files containing personal information are destroyed by shredding, and we destroy electronic information by deleting it. When we discard hardware that was used to store data, we ensure that the data is completely and permanently erased or that the hardware is physically destroyed.

ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION. You can see, review and change most of your personal information by logging into your account on RENTCafé and editing your Account Profile or by contacting us at the addresses below. If your personal information changes or is inaccurate, you must change it promptly. If we disagree that certain information is incorrect, we will include a brief statement from you on the discrepancy and, if you want us to, we will forward your brief statement on your behalf to anyone who received the information from us.

In some instances, where requested by you and a Property Manager, we will use your personal information to conduct a screening process and/or produce a screening report or provide your information to a screening company in order to obtain a screening report for the Property Manager. The screening report may include credit information. Under provincial legislation, you may have the right to access, view and correct credit information relating to you that is held by a credit report agency by contacting the credit report agency directly.

There may be circumstances where your personal information is not accessible, reviewable or able to be modified by you through your RENTCafé account. With some exceptions, you have the right to see what personal information we hold about you. Often all you have to do is ask. We can help you identify what records we might have about you and we will also try to help you understand any information you do not understand (such as abbreviated data or technical language). We may need to confirm your identity before providing you with this access, and we reserve the right to charge a nominal fee for such requests. In some cases, we may require that your request to us for access be made in writing. If we cannot give you access, we will tell you within 30 days or as soon as reasonably practicable and provide you with a reason, as best we can, as to why we cannot give you access.

If we collected personal information on behalf of a third party we may have conveyed that information directly to the third party. If so, it may not exist as part of our own records and you will have to go to the third party to see the information.

CONTACT US. If you have questions regarding our Privacy Policy or the use of information collected, you can contact our Information Officer by email at the following address: privacy@rentcafe.com

He or she will attempt to answer any questions or concerns you might have. If you wish to make a formal complaint about our privacy practices, you may make it in writing to our Information Officer. We will acknowledge receipt of your complaint, ensure that it is investigated promptly and that you are provided with a formal decision and reasons in writing.

This policy is made under the Personal Information Protection and Electronic Documents Act. It is a complex Act and provides some additional exceptions to the privacy principles that are too detailed to set out here. 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/

Copyright © 2013 Yardi Systems, Inc.

Updated January 10, 2017