Avenue5 Privacy Notice for California Residents
Effective on December 30, 2022
Last Reviewed on December 30, 2022
Please click here to
submit a request related to the California Consumer Privacy Act of 2018, as
modified by the California Privacy Rights Act of 2020 (the “California Privacy
Act”).
This Privacy Notice for California Residents
supplements the information provided in our general privacy notice and applies
to all consumers as that term is used under the California Privacy Act.
Terms that are defined in the California Privacy Act have the same meaning when
used in this notice.
Categories of Information Collected
- Within the last twelve months, the following
categories of personal information have been collected by us or by vendors that
provide services to us or to property owners for whom we manage:
- We do collect identifiers such as a real name, alias, postal
address, unique personal identifier, online identifier, Internet Protocol
address, email address, account name, social security number, driver’s license
number, passport number, or other similar identifiers
- We do collect personal
information described in California Civil Code Section 1798.80(e), which could
include name, signature, social security number, physical characteristics or
description, address, telephone number, passport number, driver’s license or
state identification card number, insurance policy number, education,
employment, employment history, bank account number, credit card number, debit
card number, or any other financial information, medical information, or health
insurance information
- We do collect characteristics of protected classifications under
California or federal law, such as age (40 years or
older), race, color, ancestry, national origin, citizenship, religion or creed,
marital status, medical condition, physical or mental disability, sex
(including gender, gender identity, gender expression, pregnancy or childbirth
and related medical conditions), sexual orientation, veteran or military
status, genetic information (including familial genetic information)
- We do not collect commercial information, including records of personal
property, products or services purchased, obtained, or considered, or other
purchasing or consuming histories or tendencies
- We do collect biometric information, such as genetic, physiological,
behavioral, and biological characteristics, or activity patterns used to
extract a template or other identifier or identifying information such as imagery
of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice
recordings, from which an identifier template, such as a faceprint, a minutiae
template, or a voiceprint, can be extracted, and keystroke patterns or rhythms,
gait patterns or rhythms, and sleep, health, or exercise data that contain
identifying information
- We do collect internet
or other electronic network activity information, including, but not limited to,
browsing history, search history, and information regarding a consumer’s
interaction with an internet website, application, or advertisement
- We do collect geolocation data that, among other things, tracks
physical location or movements
- We do not collect sensory data, such as audio, electronic, visual,
thermal, olfactory, or similar information
- We do collect professional or employment-related information,
including current or past job history or performance evaluations
- We do not collect education information, defined as information that is
not publicly available personally identifiable information as defined in the
Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R.
Part 99), which may include education records directly related to a
student maintained by an educational institution or party acting on its behalf,
such as grades, transcripts, class lists, student schedules, student
identification codes, student financial information, or student disciplinary
records
- We do not collect inferences
drawn from any of the information identified in this table to create a profile
about a consumer reflecting the consumer’s preferences, characteristics,
psychological trends, predispositions, behavior, attitudes, intelligence,
abilities, and aptitudes
- We do collect sensitive personal information, which may include (a)
a consumer’s social security, driver’s license, state identification card, or
passport number; (b) a consumer’s account log-in, financial account, debit
card, or credit card number in combination with any required security or access
code, password, or credentials allowing access to an account; (c) a consumer’s
precise geolocation; (d) a consumer’s racial or ethnic origin, religious or
philosophical beliefs, or union membership; (e) the contents of a consumer’s
mail, email and text messages, unless the business is the intended recipient of
the communication; (f) a consumer’s genetic data; (g) the processing of
biometric information for the purpose of uniquely identifying a consumer; (h)
personal information collected and analyzed concerning a consumer’s health; or
(i) personal information collected and analyzed concerning a consumer’s sex
life or sexual orientation
References to personal information in this Notice
also refer to sensitive personal information.
Personal information does not include:
- Publicly
available information from government records
- Deidentified
or aggregated consumer information
- Information
excluded from the California Privacy Act’s scope, such as the following:
health or medical information covered by
the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the
California Confidentiality of Medical Information Act (CMIA) or clinical trial
data;
personal information covered by certain
sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the
Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act
(FIPA), and the Driver's Privacy Protection Act of 1994.
Sources of Information Collected
Personal information is collected from the following
sources:
- Directly
from you. For example, from forms you complete or products and services
you purchase.
- Indirectly
from you, such as by observing your actions on our website. Examples include automated technologies,
automated interactions, and cookies.
- From
third parties with whom we have a contractual relationship with respect to
the performance of a business function, such as third-party service
providers, third-party advertising partners, Google Analytics, and
third-party cookies.
Business and Commercial Purposes for Collecting, Selling,
and/or
Sharing Personal Information and Sensitive Personal Information
Personal information may be collected, sold, and/or
shared for the following purposes:
- To
fulfill or meet the reason you provided the information. For
example, if you share your name and contact information to request a price
quote or ask a question about our products or services, we will use that
personal information to respond to your inquiry. If you provide your
personal information to purchase a product or service, we will use that
information to process your payment and facilitate delivery. We may
also save your information to facilitate new product orders.
- To
process rental applications, run credit checks in connection with your
rental application, generate leases for tenants, manage properties,
provide customer service to you, communicate with you, provide maintenance
and repair services, obtain payment from you, and perform all other tasks
that are customary in rendering property management services to tenants or
applicants.
- To
provide, support, personalize, and develop our website, products, and
services.
- To
create, maintain, customize, and secure your account with us.
- To
process your requests, purchases, transactions, and payments and prevent
transactional fraud.
- To
provide you with support and respond to your inquiries, including to
investigate and address your concerns and monitor and improve our
responses.
- To
personalize your website experience and deliver content and product and
service offerings relevant to your interests, including targeted offers
and ads through our website, third-party sites, and via email or text
message (with your consent, where required by law).
- To
help maintain the safety, security, and integrity of our website, products
and services, databases and other technology assets, and business.
- To
advise you of product and service offerings by third parties that may be
of interest to you.
- For
testing, research, analysis, and product development, including to develop
and improve our website, products, and services.
- To
respond to law enforcement requests and as required by applicable law,
court order, or governmental regulations.
- As
described to you when collecting your personal information or as otherwise
set forth in California Privacy Act.
- To
evaluate or conduct a merger, divestiture, restructuring, reorganization,
dissolution, or other sale or transfer of some or all of our assets,
whether as a going concern or as part of bankruptcy, liquidation, or
similar proceeding, in which personal information held by us about our
website users is among the assets transferred.
- To
effectuate other purposes disclosed to you at the time you provide your
information.
Categories of Third Parties to Whom Personal
Information is Disclosed
Personal information may be shared or disclosed to the
following categories of third parties:
- Property
owners for whom we manage or on whose behalf we may collect such
information
- Service
providers
- Contractors
- Third
Parties
- Government
and pseudo-government agencies
Sharing Personal Information
When personal information is shared with a third
party, that party is subject to a contract that describes the purpose and
requires the recipient to both keep that personal information confidential and
not use it for any purpose except performing the contract.
Length of Time Information Retained
The retention period for personal information and
sensitive personal information varies depending on a variety of criteria
including the following:
- Property
owner requirements that property information be turned over to them and
deleted within a set period after termination of our property management
engagement;
- Property
owner information retention policies;
- The
property management database which is used to collect, store, or share
personal information;
- Requirements
of federal and state affordable compliance, brokerage, employment, and
other laws regarding the retention of personal information and sensitive
personal information;
- Whether
the consumer continues to be our employee or a resident of a property
managed by us and when the consumer stopped being our employee or a
resident of a property managed by us;
- Whether
the consumer continues to solicit goods, products, or services from us or
a property managed by us; and
- Whether
the consumer owes a debt to a property managed by us.
Personal Information Sales
We do not sell the personal information or sensitive
personal information of consumers. As
discussed above, properties that we manage share personal information and
sensitive personal information under certain circumstances. As discussed above, sensitive personal
information may be shared with, among others, service providers, contractors,
or third parties.
Your Rights and Choices
The California Privacy Act provides consumers with
specific rights regarding their personal information. This section describes
your California Privacy Act rights and explains how to exercise those rights.
Access to Specific Information and Data Portability
Rights
You have the right to request that Avenue5 disclose
certain information to you concerning your personal information, including the
following:
- The
categories of personal information collected, sold, or shared;
- The
categories of sources for the personal information collected about you;
- The
business or commercial purpose for collecting, selling, or sharing that
personal information;
- The
categories of third parties to whom personal information was disclosed,
sold, or shared;
- The
specific pieces of personal information that were collected about you; and
- The
categories of personal information that were disclosed about you for a
business purpose and the categories of persons to whom it was disclosed
for a business purpose.
You have the right to request that Avenue5 delete
personal information about you which has been collected from you or another
source.
You have the right to request that Avenue5 not sell
or share any of your personal information that we collected and retained,
subject to certain exceptions.
You have the right to request that Avenue5 correct
inaccurate personal information about you
You have the right to request that Avenue5 correct
any of your personal information that we collected and retained, subject to
certain exceptions.
You can submit a request related to the California
Privacy Act by:
- Calling
us at 206.693.6503
- Mailing
us at Avenue5, Attention: Data Privacy Department, 901 5th Avenue, Suite
3000, Seattle, Washington, 98164
Exercising Information, Access, Data Portability, and
Deletion Rights
Please submit a verifiable consumer request to
exercise the rights described above. You
should describe your request with sufficient detail that allows us to properly
understand, evaluate, and respond to it.
Only you, or someone legally authorized to act on your behalf, may make
a verifiable consumer request related to your personal information. We
cannot respond to your request or provide you with personal information if we
cannot verify your identity or authority to make the request and confirm the
personal information relates to you. We may verify your identity by
various methods, including using available data to confirm current or past
residency at a property we manage or asking you to complete a verification
form. The verification form may ask you for basic information such as
your name, address, and telephone number and ask for responses to questions to
which only you would know the answers. To
verify that you have authorized someone to make a request on your behalf, we may
require you to, among other things, provide evidence of signed permission for
the authorized agent to act on your behalf, verify your identity directly to
us, and/or directly confirm to us that you provided the authorized agent
permission to submit the request. You may make a verifiable consumer
request on behalf of your minor child.
Making a verifiable consumer request does not require
you to create an account with us.
We will only use personal information provided in a
verifiable consumer request to verify the requestor's identity or authority to
make the request.
Once we receive and confirm your verifiable consumer
request, we will take steps to comply with that request, unless an exception
applies. You may only make a verifiable consumer request for access or data
portability twice within a 12-month period.
Response Timing and Format
We endeavor to respond to a verifiable consumer
request within forty-five days after its receipt. If we require more
time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our
written response to that account. If you do not have an account with us,
we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the
12-month period preceding the verifiable consumer request's receipt. The
response we provide will also explain the reasons we cannot comply with a
request, if applicable.
We do not charge a fee to process or respond to your
verifiable consumer request unless it is excessive, repetitive, or manifestly
unfounded. If we determine that the request warrants a fee, we will tell
you why we made that decision and provide you with a cost estimate before
completing your request.
Non-Discrimination
We will not discriminate against you for exercising
any of your California Privacy Act rights. Unless permitted by the California
Privacy Act, we will not:
- Deny
you goods or services.
- Charge
you different prices or rates for goods or services, including through
granting discounts or other benefits, or imposing penalties.
- Provide
you a different level or quality of goods or services.
- Suggest
that you may receive a different price or rate for goods or services or a
different level or quality of goods or services.
However, we may offer you certain financial
incentives permitted by California Privacy Act that can result in
different prices, rates, or quality levels. Any California Privacy Act-permitted
financial incentive we offer will reasonably relate to your personal
information’s value and contain written terms that describe the program's
material aspects. Participation in a financial incentive program requires
your prior opt in consent, which you may revoke at any time.
Other California Privacy Rights
California's “Shine the Light” law (Civil Code
Section § 1798.83) permits users of our Website that are California residents
to request certain information regarding our disclosure of personal information
to third parties for their direct marketing purposes. To make such a
request, please send an email to dataprivacy@avenue5.com or
write us at Avenue5, Attention: Data Privacy Department, 901 5th Avenue, Suite
3000, Seattle, Washington, 98164.
Changes to Our Privacy Notice
Avenue5 reserves the right to amend this privacy
notice at our discretion and at any time. When we make changes to this
privacy notice, we will post the updated notice on the Website and update the
notice's effective date. Your continued use of our website following
the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this
notice, the ways in which Avenue5 collects and uses your information described
below and in the Privacy Policy, your choices and rights regarding such
use, or wish to exercise your rights under California law, please do not
hesitate to contact us at:
Phone: 833.391.0247
Email:
dataprivacy@avenue5.com
Postal Address: Avenue5, Attention:
Data Privacy Department, 901 5th Avenue, Suite 3000, Seattle, Washington, 98164