G5 Search Marketing, Inc. (“G5”)
PayLease, LLC d/b/a Zego (“Zego”)
RentPrep Screening Solutions LLC d/b/a RentPrep
HOW AND WHAT INFORMATION MAY BE COLLECTED
Information may, now or later, be collected through a variety of means, including, without limitation, (i) automatically as you navigate through and interact with the Website, including via cookies, pixels, beacons, and other tracking technologies; (ii) via our Service Providers, and (iii) directly from you when you provide it to us, such as when you fill out forms on the Website, sign-up for a newsletter, make a payment or your other activities on any of the Websites or those operated by our Service Providers.
Information We Collect.
(a) Information You Provide To Us.
We may collect the information you provide when you participate in a tenant panel, register for a part of our Websites, make a payment, participate in our social networking features, subscribe to newsletters, promotional correspondence, or other electronic services, or send us an email or feedback. We do not share, or provide this information except where required to manage the Properties in the ordinary course of our business.
(b) Information Automatically Collected As You Access and Use the Websites Usage Information. In addition to any information that you choose to submit to us, to provide you with services relevant to you, Company and our Service Providers and advertisers may use a variety of technologies (including cookies, Flash cookies, web beacons and embedded scripts) (“Cookies”) that automatically or passively collect information when you visit or interact with the Websites (the “Usage Information”). Please refer to our Service Provider’s Policies for how Usage Information is collected, handled, and used.
Resident portal and login areas of the Website are accessed through the use of a login name and password chosen by you when you through Zego. You should keep your password strictly confidential. Company shall not be responsible for anything resulting or arising from a third party’s access to your resident portal or login information caused by your sharing or your mishandling of your login and password information. The policies and rules concerning the information gathered by Zego is set forth in their Policies, and information gathered by Zego is only used by us to the extent required to operate the business of the Company and manage the Properties in the ordinary course of the Company’s business.
How We Use and Share the Information Collected.
We may share your information with our Service Providers and business partners in connection with services such as hosting, payment processing and billing, data storage, security, customer service, credit reporting, customer relationship management, accounting, auditing, surveys, email and mailing services, marketing or other relationships for joint marketing purposes or such partners’ own marketing purposes in connection with the operation of the Website or our business.
(a) Provide, Manage and Improve our Websites. Company uses information we collect from you in part to provide you with a means to make payments in connection with your tenancy of the Properties on the internet, to respond to your inquiries, to administer the Websites and for other lawful business purposes.
(c) Anonymous Information. We may create aggregated or anonymized information about you and other users of the Websites by excluding information (such as your name) that relate to an identifiable individual (“Anonymous Information”). We may use this Anonymous Information for any purpose permitted under the law and disclose Anonymous Information to third parties in our sole discretion.
(d) Affiliates. We may transfer your information to other Company offices and affiliates for internal management and administrative purposes on our behalf.
(e) Administrative and Legal Reasons. Notwithstanding anything herein to the contrary, we may at all times and in any manner access, use, preserve, transfer and disclose your information, including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process, or in connection with a legal investigation, if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Websites’ Terms of Service or other policies applicable to the Websites, their content, services or functionality, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Websites or any third-party (for example, if we are trying to collect money you owe us); and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use identifiers and other information to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion (the “Legal Use”). Such disclosures may be carried out without notice to you.
(h) Legal. We reserve the right to use IP addresses to identify you and, where permitted or required by law, we may provide information about or relating to you, including any Personally Identifiable Information about you, to third parties without your consent if we reasonably believe that such action is necessary to: (a) comply with a court order, subpoena, government request for information, or other legal or regulatory requirements; (b) protect or defend our rights or property, our Website, or other Website users; (c) respond to claims that any posting or other content of our Website violates the rights or property of any third party, including without limitation providing information necessary to satisfy the Digital Millennium Copyright Act; (d) to protect the health and safety of our Website’s users or the general public; or (d) to fulfill the purpose for which you provide it to us, and otherwise with your consent.
Legal Grounds for Using (Processing) Your Information.
We collect information from you:
- where we need it to perform any contract or lease we have entered with you,
- where the processing is in our legitimate interests (provided that these aren’t overridden by your interests or rights) (such as personalizing our services and marketing for example), or
- if we otherwise have your consent.
If you have questions about or need further information concerning the legal basis on which we collect and use your information, please contact us using the contact details provided under the “Contact Us” section below.
- Data Subject Rights & Your Choices
Subject to certain local laws, you have certain rights with respect to your information as further described in this section.
(a) Your Legal Rights. If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the “Contact Us” section below at any time. Your local laws may permit you to request that we:
- provide access to and/or a copy of certain information we have about you;
- prevent the processing of your information for direct-marketing purposes;
- update information which is out of date or incorrect;
- delete certain information which we have about you;
- restrict the way that we process and disclose certain of your information;
- transfer your information to a third-party provider of services; and
- revoke your consent for the processing of your information.
We will consider all requests and provide our response within the time period stated by applicable law. Certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
Despite your indicated preferences, we may send you service related communications, including notices about your subscription, and we may continue disclosing your information to third parties under the Service Provider Use, the Legal Use and the Acquisition Use described above.
Retention of Your Information.
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collected and use it and/or as required to comply with applicable laws.
Cookies and Other Tracking Technologies.
Cookies are text files that contain a certain amount of information and are downloaded to your computer or mobile device when you visit a website. They are useful because they allow websites to recognize a user’s device. They are then returned to the original website on each subsequent visit or to any other website that recognizes them. For more information on cookies, go to http://www.allaboutcookies.org. The term “Cookie” is used in this Notice in the broad sense to include all similar techniques and technology, including web beacons and log files.
Advertising Cookies: These Cookies, defined exclusively by third parties, collect several types of data about your browsing habits, as well as your preferences for products and services. Please refer to the Policies for further information as to how to refuse these Cookies.
Third-Party Functional Cookies: These Cookies are defined by Service Providers who support and host our Websites and allow you to use useful services and features. Please refer to the Policies for further information as to how to refuse these Cookies.
Small graphic images or other web programming code called web beacons (also known as “clear GIFs” or “pixel tags“) or similar technologies may be included in our web pages and messages. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Websites, to monitor how users navigate the Websites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed. A clear gif may enable our Service Providers to relate your viewing or receipt of a web page or message to other information about you, including your Personally Identifiable Information. Please refer to the Policies for further information as to how to refuse Web Beacons.
HTML, the language some websites are coded in, may be used to store information on your computer or device about your interaction with and use of the Websites. Please refer to the Policies for information as to how this information may be used by the Service Providers as it relates to the Websites.
Types of Cookies We Serve on Third-Party Websites
Duration of storage of cookies on your device
Our Service Providers may use both “session cookies” (which expire once you close your web browser) and “persistent cookies” (which stay on your computer until you delete them).
To learn about Google Analytics’ currently available opt-outs for the Web, please visit https://support.google.com/analytics/answer/181881?hl=en.
Please note that opt-outs are cookie-based and will only affect the specific computer and browser on which an opt-out is applied.
Using Browser Settings
Microsoft Internet Edge
Links to Third Party Sites.
The security of your personal information is important to us and in order to prevent its unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect from you. However, no electronic storage, safeguards, security protocols nor means of transmitting data over the Internet can be nor is entirely safe and secure — for example risks of computer viruses, malicious software and hacker attacks. Thus, while we strive to take reasonable steps to protect your personal information, we cannot and do not guarantee or warrant its security, and you agree that we are not responsible for its theft, destruction, or inadvertent disclosure. We also recommend that you do not include any non-public personal or sensitive personal information such as passwords, social security numbers, credit card details or bank account information in any emails that you send to us. We will not contact you by email or otherwise seeking such information.
We implement appropriate administrative, technical and security safeguards to help prevent unauthorized access, use, or disclosure of the information we collect. However, no systems can be completely secure. Therefore, while Company uses reasonable efforts to protect your information, Company cannot guarantee its absolute security, and your use of the Websites indicates your agreement to assume this risk.
Transfer Information to the United States.
The Websites are operated in the United States of America (USA) and are intended for users located in the USA. If you are located outside of the USA, please note that the information you provide to us will be transferred to and processed in the USA, where laws regarding processing of personal data may be less stringent than the laws in your country.
ARBITRATION AND DISPUTE RESOLUTION AGREEMENT
- Initial Dispute Resolution. We are available by email at [Info@SymphonyMgmt.com]to address any concerns you may have regarding use of the Website. We and you (the “Parties”) shall use our best efforts to settle any dispute, claim, question or disagreement (“Dispute”) directly through consultation and good faith negotiations, which shall be a precondition to either party initiating legal proceedings of any type. The party asserting the Dispute shall provide written notice to the other party (by overnight courier, first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent (1) to us at the address set forth in section 15, or (2) to you at: your address at one of the Properties, or your email address via email.
- Agreement to Binding Arbitration. In the event that the Parties are unable to resolve any dispute informally, then such dispute shall be submitted to final and binding arbitration. The arbitration shall be initiated and conducted according to either the JAMS Streamlined Arbitration Rules and Procedures, except as modified herein, including the Optional Appeal Procedure, at the Buffalo office of JAMS, or its successor (“JAMS”) in effect at the time the request for arbitration is made (the “Arbitration Rules”). The arbitration shall be conducted in Erie County before a single neutral arbitrator appointed in accordance with the Arbitration Rules. The arbitrator shall follow New York law and the Federal Rules of Evidence in adjudicating the dispute. However, the Parties agree that disclosure shall be limited in any such arbitration to no more than two (2) depositions per Party, each no more than (4) hours in length; no more than ten (10) written requests for documents; no more than ten (10) requests to admit; and no more than five (5) written interrogatories. The Parties waive the right to seek punitive damages and the arbitrator shall have no authority to award such damages. The arbitrator will provide a detailed written statement of decision, which will be part of the arbitration award and admissible in any judicial proceeding to confirm, correct or vacate the award. Unless the Parties agree otherwise, the neutral arbitrator and the members of any appeal panel shall be former or retired judges or justices of any New York state or federal court with experience in matters involving the adult entertainment industry or e-commerce industry, as applicable. If either Party refuses to perform any or all of its obligations under the final arbitration award (following appeal, if applicable) within thirty (30) days of such award being rendered, then the other party may enforce the final award in any court of competent jurisdiction in Erie. The party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys’ fees, incurred in enforcing the award, to be paid by the Party against whom enforcement is ordered.
- Class Action and Class Arbitration Waiver. The Parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the Parties expressly waive their right to file a class action or seek relief on a class basis. You and we agree that each may bring claims against the other in arbitration only and only on an individual basis and in so doing you and we hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in section 14(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes. However, if a court decides that applicable law precludes enforcement of any of this section 14’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
- Exceptions – Small Claims Court Claims. Notwithstanding the Parties’ agreement to resolve all disputes through arbitration, either Party may seek relief in small claims court for disputes or claims within the scope of that court’s jurisdiction.
Contact Us: Data Privacy Officer.
Symphony Property Management LLC
2 Symphony Cir,
Buffalo, NY 14201
Symphony Management LLC
2 Symphony Cir,