PRIVACY POLICY FOR R.W. SELBY & CO. INC. AND ITS AFFILIATED COMPANIES

Updated January 2024

Summary

This Privacy Policy describes how R.W. Selby & Co., Inc., a California corporation, and its affiliated and related entities, (“RWSCI,” “we,” “our,” or “us”) handles your Personal Information (defined below) gathered on websites or offline. Please read this Privacy Policy carefully to understand our policies regarding Personal Information and how we may use it. By accessing or using our websites, you agree and consent to the practices in this Privacy Policy. If you do not consent, please do not use our websites.

Please remember that this is our Privacy Policy. If you provide information to someone else, such as a third-party service provider or referral service, that information falls under that person or service’s privacy policies, not ours.

1. Who are we?

R.W. Selby & Co., Inc is one of the foremost multi-family investment firms in Los Angeles, specializing, with its affiliated companies, in the acquisition, management, improvement and disposition of apartment communities in Southern California and Nevada.

What are “Personal Information” and “Sensitive Personal Information?”

Personal Information can mean different things in different contexts. However, you can generally assume that information that allows another person to identify you, directly or indirectly, may be Personal Information. Personal information does not include publicly available information. Certain laws define Personal Information more specifically.
Certain information may be considered “Sensitive Personal Information.”

3. What data do we collect about or from you?

We collect certain Personal Information that you voluntarily provide us or our affiliates with in order to deliver services. For example, we may ask you for your name and contact information in order to arrange a tour of one of our apartment communities and follow up with you after your tour. If you do not provide this information, we may not be able to assist you in scheduling a tour.

We also work with third-party website operators and vendors to provide you with various online services as well as to provide you with some services offline. For example, when you provide information online to us through the “Text Us” feature on our websites, you are providing that information to a third party. As part of our relationship with third parties, the third-party websites may adopt framing and graphics to maintain continuity with our websites, but you will be on a third-party’s website. Please pay close attention to the URLs listed in your internet browser so that you are aware of who you are providing your information to. If you want to give information to a third-party in order to receive services, such as an apartment rental, from us, you should carefully review the third-party privacy policy. Those third parties may share the information you enter with us.

When you visit one of our websites

Our websites have enabled Google Analytics. Information on Google Analytics can be found directly from Google at https://policies.google.com/technologies/partner-sites. This information is collected to help us administer and operate our websites. We anonymize the information from Google Analytics such that we cannot identify you or your device based on the analytics.

We contract with third-party vendors to assist with our websites, and they may have collection practices of their own. RWSCI’s main website is run by Apartments 247 and is subject to their privacy policy and terms of use. The websites for properties managed by RWSCI are run by Rent Café, a product of Yardi and are subject to their privacy policy and terms of use.

4. What data do we collect about you from third parties we work with?

In addition to the third parties above, we may also receive data about you from other third parties. Generally, these are third parties that you gave data to in order to receive services from us. For example, you may have applied for a job with us through a third-party website or found a listing for one of our managed apartments on a third-party website. Any information you provide to those third parties is subject to their privacy policies.

5. What do we use that information for?

When we collect information from you, we use it for the following business purposes:

1. To provide you with a service or process a transaction that you have requested
2. To communicate with you regarding information or services that you have asked us to provide you with or otherwise have reason to believe would interest you
3. To respond to your questions or inquiries
4. To contact you with regard to our websites or those of our third-party vendors
5. To process any application, payments, or changes to any account information or other information on file with us
6. To conduct surveys of our users and residents
7. To contact you regarding a sweepstakes, contest, offer or promotion in which you have participated
8. To process or evaluate an application for employment with us
9. Any other reason we disclosed to you when you provided us with information

We use the data that you have provided us in order to provide you with services. For example, as part of the application process for renting an apartment at one of our managed communities, we may have you provide us with some of the above information in order to run a background or credit check.

We also use that data in order to comply with applicable laws and contractual obligations, to prosecute or defend a legal claim, or to pursue a legitimate business interest.

We do not sell your Personal Information

6. Who do we share your data with?

We may share your Personal Information with third parties who perform services for us or for one of the owners of our managed properties who may use this information for their own purposes. This includes, but is not limited to, third parties that process payments, analyze data, assist with utility billing, package delivery or renters’ insurance, process credit checks, resident screening, or collection services, provide marketing or advertising services, or provide customer service on our behalf. These third parties may have access to certain Personal Information to provide these services to us or on our behalf. We may also share Personal Information with our business partners in order to provide services and offerings to you, and certain aggregated

We also may share this information among our affiliated companies for business purposes related to your tenancy or to process any application or inquiries you may make. For example, a request made on the website of a property owner may be forwarded to the management company for that property and vice versa.

We may also release your data in order to comply with a lawful court order or other legal or regulatory requirement. If we or one of our affiliated properties undergoes a merger or sale, we may also have to transfer data.

7. What about cookies and web data?

A cookie refers to a small text file that may be saved in a user’s browser upon visiting a web site. “Session” and “persistent” cookies may be set in your browser when you access our websites or those of our third-party vendors. A session cookie expires when you close your browser. A persistent cookie remains on your computer for an extended period of time. An example of a persistent cookie is if you choose to save your password in order to save time. You can delete your cookies by following the instructions in your internet browser’s “Help” functionality.

We use Google Analytics. Information on Google Analytics can be found directly from Google at https://policies.google.com/technologies/partner-sites. Some of our third-party vendors may also use cookies or other means of tracking web data. Please consult the privacy policies for those vendors if you have any questions.

Certain cookies may be necessary for the functioning of our website and the website will not work as intended if disabled.

8. Can you browse our websites without providing Personal Information?

In general, you may browse our website without providing Personal Information. Data collected by Google Analytics is anonymized. However, if you choose not to provide certain Personal Information to us or one of our third-party vendors, we may not be able to provide you with certain services or answer certain requests. For example, you cannot apply for employment with us without giving us your name. We cannot contact you regarding an apartment rental if you do not provide information on how to contact you.

9. What security measures do we take?

We take reasonable steps to secure your Personal Information. However, please remember that no transmission over the internet or electronic storage can absolutely guaranteed to be free of unauthorized use or access. Please know that you submit your Personal Information at your own risk.

10. How long will we keep your data?

We may keep your data at least as long as you reside, are employed, or otherwise do business with us. We may keep your data for a period longer than that, for reasons including, but not limited to, compliance with applicable laws or regulations, defense and pursuit of claims, investigate or protect against illegal or fraudulent activity, and other solely internal uses as permitted by law. For example, we may keep a record of a rent payment in order to comply with generally accepted accounting procedures. Otherwise, information, including Personal Information, is destroyed in accordance with our routine record-keeping practices.

11. What about third parties?

We may provide you with links to or contact information for third parties, who may have different information practices, privacy policies, or terms of use. Please consult any posted policies they may have, as the third party’s policies will apply –

not this policy.

12. What about use of this website by children?

Our primary business relates to the purchase, sale and rental of multi-family rental housing in California and Nevada, which minors (with certain limited exceptions) cannot engage in. Consequently, this website is not for use by minors and we have no reason to assume that a minor is using this website. We will use commercially reasonable efforts to delete any personal information or other information determined to be provided by a child under the age of 13. If you become aware that a minor has provide personal information to us via our website, please email us at privacy@rwselby.com.

If you live at a property managed by RWSCI, you may have to tell us the persons living in that apartment, including any minors. We do not sell the personal information of minors.

13. What jurisdiction applies

We operate in California and Nevada, in the United States of America, and our website is located here. Please note that our activities are not directed at the European market, including the European Union, any European Union Member State or any state in the European Economic Area and any individuals in those states. If you are accessing our website or providing us Personal Information from another country, please be advised that you are providing us that information subject to the laws of the United States of America and that your information will be transmitted to the United States of America. By providing us with that information, we understand that transmittal to be with your consent. If you do not consent to providing us with your Personal Information, please do not do so and contact us at privacy@rwselby.com regarding any information previously submitted.

14. Rights under California law

While a great deal of this information may also be found elsewhere in this policy, we collected this information here as well in order to make it easier for you to find.

California Civil Code 1798.83 may apply to you.

The California Consumer Privacy Act may apply to you.

The California Privacy Rights Act may apply to you.

Under California law, individuals covered by the California Consumer Privacy Act have the right to request that we disclose the Personal Information we collect, use, disclose and/or sell about you.

Under California law, you may have the right to request that we provide you with the personal information we have collected about you, opt out of any sale of personal information, or request the deletion of personal information. In order to request information, request to opt out or request deletion, please email us at privacy@rwselby.com.

If you do so, we may need to request further information from you in order to verify that your identity. If that is necessary, we will do so by using encrypted e-mail unless you direct us to use another secure means. If you are seeking information and we cannot verify your identity, we will tell you that we cannot verify your identity and what we can share with you is limited by law.

In order to verify your identity, we will request data points from you in order to compare them with data points maintained in our records, if any. The type and number of data points will depend on the nature of your request to us, the nature and contents of personal information about you we may have in your records, and the sensitivity of any disclosure we make. You may be required, as permitted by law, to provide us with a signed declaration under penalty of perjury that you are the person whose information is being requested. We are required by law to keep this declaration.

Any requests for a Social Security number, government-issued ID number, financial account number, health insurance or medical identification number, password, or security questions and answers cannot be answered by law.

You may authorize an agent to submit any requests under the California Consumer Privacy Act on your behalf. If you do so, you may have to provide that agent with written permission to do so on your behalf and verify your identity directly with us.

If you make a request for information, a request to opt-out, or a request for deletion, or exercise any right that may be conferred on you by the California Consumer Privacy Act, you have a right not to receive discriminatory treatment for exercising that right.

In the last twelve months, personal information may have been collected as follows:

Information from You:

Information may be collected from you by either us or a third-party service provider acting on our behalf, when you contact us, interact with us in the course of doing business or receiving services from us, apply to work for us, or visit a residential community managed by us. We also store information you may provide as part of residing at a residential community managed by us or being employed by us. This information may be stored in third party leasing or accounting software.

The types of information we may collect directly from you may include:

Personal identifiers (such as your real name, aliases, postal address, email address, social security number, driver’s license number, passport number, or other similar identifiers)
Other categories of personal information that can be found in section California Civil Code 1798.80 (such as your 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, or other financial information, medical information, or health insurance information), particularly if you are employed with us
Protected classifications (such as your race, color, religion, sex/gender, gender identity, gender expression, marital status, medical conditions, military or veteran status, national origin, ancestry, disability, requests for family care, health or pregnancy disability leave, age) particularly if you are employed with us
Commercial information (such as your rental history or other records of purchases that may be disclosed as part of income verification)
Biometric information (to the extent that still or moving footage from a security camera or a ID photograph is considered biometric information)
Audio information (such as when you call a recorded line
Professional or employment-related information (for example, proof of income when applying)
Educational information (to the extent necessary for you to apply to work for us or qualify for an apartment while relying on student loans)
Sensitive Personal Information (to verify your identity, undertake a background or credit check, or as part of the course of employment and necessary reporting)

The Sensitive Personal Information we may have collected from you includes your social security number, driver’s license, identification card or passport number, racial or ethnic origin, religious or philosophical beliefs, or union membership, or the contents of mail, email and/or text messages (such as when a person adds us to an email chain). Certain information listed here may have been collected incidentally or unintentionally.
We collect this information as part of our business operations and to provide you with our services, which also includes being able to respond to inquiries and ensuring the quality of our service, or as part of security measures for our managed properties.

Information from Third-Party Service Providers

We use third-party service providers, such as On-Site and Yardi, as part of the operations of our business. Any access or restrictions that we may have to such information from such a third-party service provider is in accordance with the privacy notice and authorization procedures determined by that third party.
You may provide to our third-party service providers, who will then provide to us, personal information such as personal identifiers, other categories of personal information such as your employment status, renters insurance or financial information, characteristics of classifications protected by California or federal law, and information about previous services obtained (primarily your rental history).
We have you provide this information to these third-party service providers so that we can provide you with services. For example, if you would like to apply to live at a community we manage, we will direct you to On-Site, which will process your application and run a background, credit and rental history check based on information you provide.

Analytics Information

Our websites have Google Analytics enabled, but we anonymize this information.

In the last twelve months, some or all of the personal information above may have been disclosed to a third party for a business purpose as follows:

We may share information with our third-party service providers so that they can perform services on our behalf, to audit or debug services, or to verify the quality of the services we provide. These third-parties are not authorized to use your information except as is necessary for the service we have retained them to provide. We also may share information if you direct us to do so or have integrated a third-party service as part of your interaction with us. We may also share information with third parties if it is necessary as part of either making or defending a legal claim or otherwise required by law, statute or regulation. In the event of merger, sale of company assets, financing, or acquisition of assets, certain information may need to be disclosed to third parties.

We do not sell your personal information.

If you request that we delete your Personal Information, we will maintain a confidential record of that request. Even if you request that we delete your information, we may need to retain this information in order to:

Complete the transaction for which the information was collected
Provide goods and services requested by you or reasonably anticipated as part of our ongoing relationship
Perform under a contract with you
Ensure security and integrity to the extent necessary for that purpose
Debug and repair errors
Exercise free speech or other rights provided by law
Detect security incidents or debug
Enable solely internal uses that you could reasonably expect based on your relationship with us and the nature of our business compatible with the context in which the information was provided
Comply with legal obligations

Certain federal or state laws may supersede any rights you may have under California law or exempt certain information.

15. Rights Under European Union Law

Residents in the European Union are entitled to certain rights with respect to personal information that we hold about them:

Right of access and portability. The right to obtain access to your personal information, along with certain related information, and to receive that information in a commonly used format and to have it transferred to another data controller;
Right to rectification. The right to obtain rectification of your personal information without undue delay where that personal information is inaccurate or incomplete;
Right to erasure. The right to obtain the erasure of your personal information without undue delay in certain circumstances, such as where the personal information is no longer necessary in relation to the purposes for which it was collected or processed;
Right to restriction. The right to obtain the restriction of the processing undertaken by us on your personal information in certain circumstances, such as where the accuracy of the personal information is contested by you, for a period enabling us to verify the accuracy of that personal information; and
Right to object. The right to object, on grounds relating to your particular situation, to the processing of your personal information, and to object to processing of your personal information for direct marketing purposes, to the extent it is related to such direct marketing.

You may also have the right to make a complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you need further assistance regarding your rights, please contact us at privacy@rwselby.com and we will consider your request in accordance with applicable law. Our ability to uphold these rights for you may depend upon our obligations to process personal information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

16. What about changes to this policy?

This policy may change from time to time. Any changes to this policy will be posted on this page. In the event of a major change to this policy, you may be notified on your next visit to one of our websites.

17. How can I contact you?

If you have any questions or requests regarding this policy you may contact us at privacy@rwselby.com, calling our toll-free number for privacy requests, or at RWSelby.com/privacycontact/.