PRIVACY POLICY

Effective July 1, 2022

Introduction

KCAC Master Tenant, LLC and its affiliates (collectively, the “Company” or “we” or “us” or “our”) are concerned about your privacy and want you to be familiar with how we collect, use and share your Personal Information (as defined below). This Privacy Policy outlines the type of information that we collect and receive from and about you. Additionally, this Privacy Policy identifies the ways in which we use, and sometimes share, such information and what choices you have with regard to the collection and use of your Personal Information. This Privacy Policy applies to information we collect about you through our websites at www.themark-kc.com and any of its sub-domains or through any other websites or mobile apps that we maintain that link to this Privacy Policy (collectively, the “Sites”), or at our apartment communities or anywhere else we interact with you (collectively with the Sites, the “Services”). By accessing or using any of the Services or sharing your information with us, you are accepting and consenting to the practices described in this Privacy Policy, as well as our Terms of Use. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY OR OUR TERMS OF USE, PLEASE DO NOT USE ANY OF THE SERVICES.

Personal Information We Collect and How We Use It

When you visit the Sites or use any of the Services, you may share and/or we may automatically collect information that identifies you personally. In this Privacy Policy, “Personal Information” refers to any information that can reasonably be used to identify, contact or locate you. Examples of Personal Information may include, without limitation, your name, mailing address, email address, phone number and precise location. If you are a California resident, Personal Information may also include other information about or relating to you, such as device IDs and uniquely assigned alpha-numeric identifiers, as provided in the California Consumer Privacy Act of 2018, Civil Code §1798.100 et seq. (the “CCPA”) and applicable regulations thereunder. Personal Information may be collected on, through or in connection with any of the Services.

If you are a California resident, starting January 1, 2020, you have a right to receive notice of our collection of “personal information” (as defined in the CCPA), which provides information regarding our collection of “personal information” of California residents, including a description of the categories of “personal information” that we collect and the business or commercial purpose for which such categories of “personal information” are used. For additional information, we encourage California residents to read our Notice of Collection of Information here and also read the section of this Privacy Policy below entitled Your California Privacy Rights.

We collect Personal Information about you in a variety of ways:

(a) Information you provide directly to us:

Generally, we collect Personal Information when you provide it to us by using the Sites and/or other Services. This may include information 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 Sites, information you provide when scheduling a property visit through the Sites or at one of our apartment communities, any information and user content you submit in online portals or chats (such as our resident portals), or any other activity through which you identify yourself to us. We also may ask you to voluntarily provide us with Personal Information on the Sites. For example, while many of the features of the Sites 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. Although you may decline to voluntarily provide Personal Information when asked, some features and services will be unavailable to you as a result.

In particular, we collect Personal Information if you fill out an apartment application and/or become a tenant, which may include your name, email address, postal address, zip code, 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, sex, marital status, username and password (if you choose to become a registered user of a community website), emergency contact information, pet or assistive animal information, vehicle information, and other information that helps us to manage the applicable apartment community. We use this information to evaluate your application, communicate with you and to comply with our legal and regulatory obligations.

We also collect Personal Information if you fill out a job application with us, which may include your name, email address, postal address, phone number and other contact information, as well as information about your professional, employment and educational background. We use this information to evaluate your eligibility and to communicate with you.

In addition to the purposes identified above, we use your Personal Information and other information we collect about you in order to (i) provide you with Services that you have requested from us, including, without limitation, leasing apartments and enabling you to use the resident portal, (ii) respond to your requests, feedback and inquiries, (iii) to improve the Sites and other Services, (iv) to send you targeted messages, publications, news and information about events, special offers, promotions and benefits, and (v) for other marketing, administrative and operational purposes (collectively, our “Business Purposes”). The information we collect may be used by itself, aggregated, or combined with unique identifiers (such as the Company’s assigned identifiers or device ID).

You may choose not to provide your Personal Information by not entering it on the Sites or using the Services; however, you will not be able to use certain services and features if those services and features require Personal Information in order to function.

(b) Information we collect about you from third parties:

We may receive and supplement the Personal Information we directly collect from you with information from third parties, such as third-party vendors and other service providers we use to provide background checks, credit screens, fraud detection, payment processing services and property management services. We may also receive information from any third party you direct to share information with us. For example, if you are on a third-party website or service and you opt-in to receive information from us, the third party may forward to us your email address and other information about you so that we may contact you as requested. We collect information from third parties to provide with you with the Services and for our other Business Purposes.

(c) Information we collect automatically from our online services:

We and our service providers may collect certain types of usage information when you visit our Sites or access our Services, read our emails or otherwise engage with us. In some jurisdictions, this information may be considered personally identifiable. We and our service providers may use this information to enhance and personalize your user experience and to monitor and improve the Sites and other Services. In some instances, we and our service providers may combine this usage information with the Personal Information described above.

For example, we and our service providers may use tracking technologies, including cookies (as more fully discussed below), web beacons, embedded scripts, location-identifying technologies, file information, and similar technology, to automatically collect (i) usage and device information, including information about your device and its software (such as IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique device ID); (ii) information about the way you access and use the Services (referral and exit information, the pages you visit or links you click, whether you open emails or click the links contained in emails, whether you access the Services from multiple devices); and (iii) information about your location (including GPS or similar geolocation technology or we may infer your location based on IP address or other information). We also may work with third parties to employ technologies, including the application of statistical modeling tools that permit us to recognize and contact you across multiple devices. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for the Sites and to understand more about the demographics of our users. Although we do our best to honor the privacy preferences of our users, we are currently unable to respond to Do Not Track signals set by your browser.

We use or may use the data collected through tracking technologies to: (i) remember information so that you will not have to re-enter it during your visit or the next time you visit the site; (ii) provide custom, personalized content and information, including targeted content and advertising; (iii) recognize and contact you across multiple devices; (iv) provide and monitor the effectiveness of our Services; (v) monitor aggregate metrics such as total number of visitors, traffic, usage and demographic patterns on our Services; (vi) diagnose or fix technology problems; and (vii) otherwise to plan for and enhance our Services.

Cookies and Other Similar Technologies

Like many other website operators, we may use cookies to customize content specific to your interests and track your use of the Sites. “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 Sites.

Cookies automatically capture certain information, including, without limitation, your Internet protocol address, operating system, screen display settings, browser type, and use of Flash and Java, and they detect whether your device or software has certain capabilities such a microphone or webcam access. Cookies may also collect your Personal Information. We and our service providers use such information to support the Sites and to support our Services generally by (i) for identity verification, (iii) for analytics and (iv) to ensure compliance with our programs. Cookies also help us understand or predict your interests so we can personalize your experience.

If you would prefer not to accept cookies, most browsers will allow you to: (i) change your browser settings to notify you when you receive a cookie and let you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies; however, doing so may negatively impact your experience using the Service, as some features and services on our Service may not work properly. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

Our resident portals use Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Alphabet Inc. through its subsidiary, Google LLC (Google LLC and its affiliates are collectively referred to herein as “Google”), to better assist us in understanding how the Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Sites, including your computer’s Internet protocol 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 Sites, 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. The use of cookies by Google Analytics is covered by Google’s privacy policy, which can be found at policies.google.com/privacy. If you would like to opt out of being tracked by Google Analytics, simply install this add-on to your browser: tools.google.com/dlpage/gaoptout.

Not accepting cookies (or opting out of cookies), installing ad blocking technologies and/or and disabling analytics providers may make certain features of the Sites and other Services unavailable to you.

How We Share Your Personal Information

Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose your Personal Information (and other information related thereto). Residents of California should also refer to the section below entitled Your California Privacy Rights for additional disclosures.

We may disclose your Personal Information:

  • to our parent companies and subsidiaries (our “Affiliates”) for our Business Purposes;
  • to third-party vendors and other service providers that perform services on our behalf, such as property managers, payment processors and financial institutions to process payments, vendors that provide credit checks or recommendations on whether you qualify to rent an apartment, identity verification or background check providers, vendors that provide mailing services, tax and accounting services, fraud detection services and marketing services, data analytics providers, and Yardi RENTCafé, which hosts many of our property sites;
  • to a person who in our reasonable judgment is seeking the information as your authorized agent;
  • to a third party where disclosure is required by law, or where we have a good faith belief that such action is necessary to comply with a judicial or administrative proceeding, a criminal investigation, a court order or legal process served on us;
  • at the request of governmental authorities conducting an investigation; and
  • to a third party if, in our sole judgment, we believe there to be a credible situation that requires us to investigate, prevent or take action regarding illegal activity, suspected fraud, situations involving potential threats to the security or integrity of our Sites or the physical safety of any person, or violations of our Terms of Use or Privacy Policy for any of the Sites or other Services.

In the event the Company goes through a business transition, such as a merger, consolidation, restructuring, acquisition by another company, sale or assignment of rights or assets (or a portion thereof) or other company change, we may transfer users’ information, including Personal Information, and other business data in connection with that business transition (e.g., to a subsequent owner or co-owner of our organization or any of our apartment communities, or any affiliates, agents, service providers or partners of the foregoing), including during the course of any due diligence process.

We may also share information with others in an aggregated or otherwise anonymized form that does not reasonably identify you directly as an individual.

Updating Your Information; Control Over Your Personal Information

You are responsible for maintaining the accuracy of any Personal Information you submit to us, such as your contact information. If you have any questions about updating or deleting your Personal Information and/or your privacy choices, you can contact us. If you have an account with us at one of the Sites, you may access, review and change most of your Personal Information you submitted through the Site by logging into your account on the Site and editing your Account Profile or by contacting us. Instead of sending us an email as provided above, you may contact us by phone at (323) 883-1800 (voice) or dial 7-1-1 to initiate a TTY call.

You may opt out of receiving marketing emails in the following ways: If you have an account with us at one of the Sites, you can select your preferences through your account settings. You also can manage your receipt of marketing emails by following the opt-out instructions provided to you in those emails. Please note that as long as you remain registered with us or a user of any of the Sites or other Services, even if you opt out of marketing emails, you may still receive administrative or service-related communications (e.g., account verification, transactional communications, changes or updates to features of the Sites or other Services, and technical and security notices).

If you sign up to receive SMS or MMS messages from the Sites or other Services, you may unsubscribe from any SMS or MMS messages received by replying “STOP”.

You may remove or disable cookies as described above in the section entitled Cookies and Other Similar Technologies and you may clear your browser history in accordance with the system settings of your web browser.

You may opt-out of providing your location information to us. If you do not want us to use your location information as described in this Privacy Policy, you should turn off the location services for your device located in your account settings (if available) or in your device settings.

If you do not want our mobile applications to collect any information from you, you should uninstall the application using the standard uninstall procedures that may be available as part of your mobile device or via the mobile application marketplace or network where you obtained the mobile application.

Interactive Areas and User Content

The Sites may provide you the opportunity to participate in, make available, and/or post text (e.g., questions, comments and suggestions), images, audio, videos, or other content (collectively, “User Content”) publicly through our blogs, chat rooms, forums, interactive features, third-party social networking services or other communication functionality (collectively, “Community Features”). Anything posted through Community Features is publicly available. This means that others will have access to that User Content and may use it or share it with third parties; this is beyond our control. If you choose to voluntarily disclose Personal Information in the User Content and/or on the Community Features, that information will be considered publicly available information as well. The protections of this Privacy Policy do not apply to publicly available information. In addition, by posting through our Community Features, you are agreeing that we may use your User Content (and excerpts from your User Content) in connection with our Business Purposes.

Children’s Privacy

Our Services are not intended for children under the age of 16 and we do not knowingly solicit or collect any Personal Information from children under the age of 16. If you are under 18, you should use the Services only with the permission and guidance of your parent or guardian. If you are under 16, you should not submit any Personal Information to us. If we learn that we have inadvertently collected Personal Information from a child under the age of 16, we will take commercially reasonable efforts to delete such information from our records.

Information Security

The Company is committed to protecting the security of your Personal Information. We maintain commercially reasonable safeguards to maintain the security and privacy of your Personal Information. In spite of these protections, we cannot guarantee the security of any data transmitted over the Internet. After your information reaches us, however, it is stored on servers (or in the case of Personal 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 service providers maintain facilities. By using the Sites, you consent to the transfer of your information among these facilities, including those located outside your home country.

Information Retention and Deletion

We retain your Personal Information for a reasonable period. We remove, destroy or delete information from time to time when it appears we will no longer have a need to contact you; however, if you are not a current tenant or if you moved out at least three (3) years ago, we will promptly remove your information (other than basic information about your tenancy, such as name, term, rent charges and payment history) upon your written request. Paper files containing Personal Information are destroyed by shredding, and we destroy electronic information by deleting it. Retention periods may be extended if we are required to preserve your Personal Information in connection with litigation, investigations and proceedings, or if a longer retention period is required or permitted by applicable law.

Changes to this Privacy Policy

We reserve the right to make changes to this Privacy Policy from time to time. If we decide to change this Privacy Policy, we will inform you by posting a notice on our Sites, as applicable. Those changes will go into effect on the effective date posted in the notice and at the beginning of the revised Privacy Policy. The new Privacy Policy will apply to all current and past users of our Sites and other Services and will replace any prior policies that are inconsistent. Your continued use of the Sites or other Services after the changes are posted constitutes your agreement to the changes. If you do not agree to the changes, please discontinue your use of the Sites and other Services.

Third-Party Websites

The Sites may contain links to other websites and other third-party provided goods and services that we do not own, operate or control. In addition, because aspects of the Sites may include third-party offers for goods, services and the like, third parties may collect your information based on your interaction with those offers. Third-party privacy practices are not covered by this Privacy Policy, and we are not responsible for the privacy practices of such third parties. We encourage our users to be aware of and to read the privacy statements and similar disclosures of any third-party website that collects Personal Information before using or disclosing any Personal Information to such website.

Your California Privacy Rights (FOR CALIFORNIA RESIDENTS ONLY)

If you are a California resident, the information in this section applies to you.

(a) Personal Information Collected

In the preceding twelve (12) months, we have collected the following categories of Personal Information about California residents:

Categories of Personal Information Sources
Identifiers, such as name, address, telephone number, email address, driver’s license number, passport number, or other similar identifiers.
  • Directly from you
  • Third-party vendors and other service providers
  • Our Affiliates
  • Third parties that you direct to share information with us
Characteristics of Protected Classification, such as race, sex, age or marital status.
  • Directly from you
  • Third-party vendors and other service providers 
  • Our Affiliates
  • Third parties that you direct to share information with us
Commercial Information, such as records of properties or services you have obtained or considered.
  • Directly from you
  • Your browser or device
  • Third-party vendors and other service providers
  • Data analytics providers
Internet or other Electronic Network Activity Information, such as device information, browsing history, search history or information regarding interaction with the Sites.
  • Your browser or device
  • Data analytics providers
Geolocation Data, such as precise location information from your device or generated based on IP address, or your location when you communicate with us.
  • Your browser or device
Audio, Electronic, Visual, Thermal, Olfactory or Similar Information, such as images recorded on security cameras or videos or photos provided by a consumer.
  • Directly from you
  • Security cameras at our apartment communities
Professional or Employment-Related Information, such as current and past employers or professional associations, industry and income.
  • Directly from you
  • Third-party vendors and other service providers
  • Third parties that you direct to share information with us
Education Information, such as education history and field(s) of study.
  • Directly from the consumer
  • Third parties you direct to information with us
Inferences drawn from other Personal Information described herein to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
  • Directly from you
  • Your browser or device
  • Data analytics providers

To learn more about the types of Personal Information we collect and the purposes for which we use this information, please refer to the section above entitled Personal Information We Collect and How We Use It.

(b) Disclosure of Personal Information

As described in the section above entitled How We Share Your Personal Information, we share Personal Information with certain third parties for our Business Purposes. The categories of third parties to whom we disclose your Personal Information for a business purpose (as defined in the CCPA) include:

  • Our Affiliates,
  • Third-party vendors and other service providers that perform services on our behalf, and
  • Data analytics providers.

We also may disclose Personal Information to other third parties at your direction or upon your request, or to comply with legal process or contractual obligations, as described in the section above entitled How We Share Your Personal Information. In the previous twelve (12) months, we have disclosed Personal Information from all of the categories of Personal Information listed in the table above under part (a) to third parties for a business purpose (as defined in the CCPA):

  • All of the categories of Personal Information we collect, described in the table above.

 

We do not and will not sell Personal Information of any individual, including Personal Information of minors under the age of 16, nor have we done so within the preceding twelve (12) months.

(c) Your CCPA Rights

If you are a California resident, you have the following rights under the CCPA:

(1) Right to Know About Personal Information Collected. You have the right to request that we disclose to you the following information about our collection and use of your Personal Information:

  • The categories of Personal Information we have collected about you in the preceding twelve (12) months;
  • The categories of sources from which the Personal Information is collected;
  • The business or commercial purpose for collecting or selling the Personal Information;
  • The categories of third parties with whom we share the Personal Information;
  • The specific pieces of Personal Information we have collected about you;
  • If we sold your Personal Information in the preceding twelve (12) months, the categories of personal information we sold and the categories of third parties to whom it was sold; and
  • If we disclosed your Personal Information for a business purposes in the preceding twelve (12) months to third parties, the categories of Personal Information we disclosed and the categories of third parties to whom it was disclosed.

(2) Right to Request Deletion of Personal Information. You have the right to request that we delete your Personal Information, subject to certain exceptions and limitations.

(3) Right to Opt-Out of the Sale of Personal Information. You have a right to opt-out of the sale of your Personal Information. Our current practice is to not sell your Personal Information.

(4) Authorized Agent. You may use an authorized agent to exercise certain privacy-related requests and rights on your behalf. The authorized agent’s exercise or request on your behalf sent by mail shall include a power of attorney or a notarized statement properly signed by you appointing such authorized agent for such purpose. If your authorized agent submits the exercise or request online via the link below or by telephone, a copy of the power of attorney or the original notarized statement must be mailed to the following address: KCAC Master Tenant, LLC, 1230 New Hampshire Ave, Suite 1a, Washington DC 20036, Attention: California Privacy Rights, within five (5) days after submitting such online or telephone request, or we may in our discretion otherwise verify the agent’s authority to our reasonable satisfaction.

(5) Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights. You have a right not to receive discriminatory treatment for the exercise of your privacy rights conferred by the CCPA.

(6) How to Submit Your Request. The Company offers California residents (or their authorized agents) the following ways to submit requests concerning their California privacy rights under the CCPA: (i) by calling us at (323) 883-1800 (voice) or dialing 7-1-1 to initiate a TTY relay service (whereupon you will be connected with a communication assistant who will ask you for our number, which is (323) 883-1800); (ii) for current tenants, by submitting your request in person at the address below; or (iii) by sending us an email through the Yardi RENTCafé portal. We will review all properly-submitted requests and respond in a timely manner in accordance with the CCPA and applicable regulations thereunder. As part of this process, and to prevent unauthorized use of your Personal Information, you may be asked to verify your identity so that we can match you to a person in our systems. The verification methods we use may include requests to disclose your first name, last name, email address, mailing address, security question and other information, or requiring you to log into your account, if you have one. In certain circumstances, we may decline or limit your request, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

TO ENSURE THAT YOUR CCPA REQUESTS ARE EFFECTIVE AND RESPONDED TO IN A TIMELY MANNER, YOU MUST USE THE TELEPHONE NUMBER OR MAILING ADDRESS SPECIFIED IN THIS SECTION. PRIVACY REQUESTS SENT TO US BY ANY OTHER METHOD OF COMMUNICATION MAY NOT BE RECEIVED BY OUR PERSONNEL AS WE CANNOT MONITOR ALL CHANNELS OF COMMUNICATION NOR CAN WE VERIFY THE AUTHENTICITY OF PRIVACY REQUESTS SENT VIA ANY OTHER CHANNELS.

Contact Us

If you have questions about this Privacy Policy, you can contact us by email at Leasing@TheMark-KC.com