Effective: October 20, 2020
When we use the term, “Personal Information,” we mean information or data that directly or indirectly identifies, describes, relates to or is reasonably capable of being associated with or can reasonably link to a particular individual, consumer or household.When we use the term “Service(s)” we mean collectively:
- The information provided through websites owned and controlled by us, including the website at https://myresman.com/ and any related mobile apps (the “Site(s)”);
- The provision of online tools for real estate and property management and related services to those who purchase such tools and services; and
- Our marketing and business development activities, including any social media properties we create, and emails that we send (“Marketing”).
ResMan may obtain Personal Information about you directly from you or from third parties in order to provide our Services. Depending on the context, “you” or “your” may be:
- A visitor to one of ResMan’s Site(s);
- A purchaser of our Services (“Subscriber”), for example, a property owner or a property management company (“Property Management Company”), including their employees, partners, independent contractors, agents and other authorized users; or
- An individual resident of a property managed or owned by a Subscriber who has been invited to use the client-facing features of the Services in a limited capacity or as an authorized User (“Resident”).
If you are an individual Resident using the Services through your Property Management Company your Personal Information will be governed by your relationship with your Property Management Company.
- HOW WE COLLECT YOUR PERSONAL INFORMATION
- TYPES OF PERSONAL INFORMATION WE COLLECT
- HOW AND WHY WE USE YOUR INFORMATION
- ADDITIONAL USES OF PERSONAL INFORMATION
- HOW WE SHARE AND DISCLOSE PERSONAL INFORMATION
- DATA SECURITY
- RETENTION OF PERSONAL INFORMATION
- CAPACITY / CHILDREN
- FINANCIAL INFORMATION
- EMAIL MARKETING
- YOUR PERSONAL INFORMATION CHOICES
- WITHDRAWAL OF YOUR CONSENT
- RESPONSE TIMING AND FORMAT
- COOKIES NOTICE
- YOUR CALIFORNIA PRIVACY RIGHTS
- LINKS TO OTHER SITES
- HOW TO CONTACT US
1. How We Collect Your Personal Data
We may collect your Personal Information through different means, when you:
- visit our Site, through automated data tracking technology;
- decide to interact with us, either by providing us your information through the registration page, newsletter registration, login page or demo page on the Site; by email; regular mail; or telephone;
- become a Subscriber or an authorized user or set up an account and provide us with information directly;
- authorize third parties to provide us your Personal Information.
2. Types of Personal Data We Collect
2.1 Types of Information You May Provide to Us:
- Visitors to our Site(s): As a visitor to our Site you may provide information through our “Contact Us” page, including, but not limited to, first name, last name, business name, email address, telephone numbers, postal address, information about your real estate assets, and any other information necessary to complete applicable documents or applications provided through the Site.
- Subscribers: Subscribers may provide information, including but not limited to, first name, last name, business name, title, email address, telephone numbers, postal address, information about your real estate assets, physical characteristics or description (photos) of property or units, and any other information necessary to set up an account with us.
- Residents: As a Resident of a Subscriber’s property, you may provide information to a Subscriber or other third party (for example, as part of a rental application or HUD application), and authorize the Subscriber or third party to release to us information, including but not limited to, first name, middle name, last name, preferred name, telephone numbers, state identification card numbers, employment or employment history, postal address, physical address, email address, social security number, driver’s license number, passport number, insurance policy number, bank account number, professional or employment-related information, physical characteristics (photographs), race, sex, age (40 and older), citizenship status, medical conditions, disability (physical or mental), marital status, military or veteran status, usernames, passwords, and other information that you authorize third parties to release to us.
2.2 Types of Information We Collect Through Technology:
When you use our Site, we use technology and Google tools (such as Google Analytics, Google AdSense, Google Display Network Impression Reporting) to gather information on how visitors are using the Site and Services. Specifically, we use technology to gather information about the following:
- IP addresses,
- Type of Device,
- Internet connection,
- Browser type and version,
- Time zone,
- Operating system and platform,
- Referring/exit pages,
- Account access date/time stamp,
- Cookie data previously stored on your device, and
- UTMs (Urchin tracking modules) for lead source.
An IP address is a number automatically assigned to your computer whenever you access the Internet. IP addresses allow computers (including mobile devices and tablets) and servers to recognize and communicate with one another. We collect IP address information so that we can properly manage our system and gather information about how our site is being used. This includes the device type and browser you are using, location data, the pages you are viewing and your interactions on the page. Your IP address may be associated with records containing Personal Information. We collect details of visits to our Site, including the volume of traffic received, logs and the resources that you have accessed. We may also collect certain location information such as your mobile device’s GPS signal, or information about nearby WiFi access points and cell towers. (Please also see our “Cookies Notice“.)
2.3 Types of Information We Collect From Third Parties:
Our Subscribers submit (or cause to be submitted) Personal Information to the Services, which includes the information listed in Section 2.1(c) above, including without limitation, names, email addresses, criminal background history (in connection with credit histories), and any other information provided through our third party payment provider’s and our third party integrations. Our business partners may submit analytics, enhancing data, customer leads through tools, including but not limited to, Google Analytics, Adroll, ListenLoop, Capterra, G2 Crowed, and ZoomInfo/DiscoverORG. ResMan does not directly collect background or credit histories, and it notifies its business partners and Subscribers, who collect such information, that they must comply with consent and privacy laws and requirements. Background and credit histories are not stored by ResMan and credit histories are only used as verification of whether a renter’s application has been approved or not approved.
3. How And Why We Use Your Information
We only collect the information reasonably necessary to respond to inquiries about our Services, to provide you the Services, to carry out our operations, as required by law, and for the other legitimate business purposes, under applicable laws, as provided below:
- To inform you about the Services in which you have indicated an interest or to which you’ve subscribed; Respond to your questions and requests and improve customer service; To provide you with notices about your account and/or subscription, including expiration and renewal notices;
- To personalize your experience and allow us to deliver individualized content and product offerings according to your specific interests;
- To assist in business development and general Marketing and building relationships; to create a list of actual and prospective users and Subscribers; to compile statistics regarding how the Site is used in order to improve our products and Services;
- To record your name and contact information, and other Personal Information for legitimate business purposes, so that we can provide our Services;
- To perform our contract with you if you become a Subscriber or authorized user; satisfy contractual necessity to conduct our operations and provide you with the services and products we offer; to perform essential business operations and to manage your account; to contact you with information that may be of interest to you;
- To improve the Site to provide you with better services, for example, we may use your personal data to improve the layout of our Site based on the click path you utilized to access certain information within the Site; and
- To comply with legal obligations and professional responsibilities;
- To verify your identity or conduct internal audits or reviews; and
- To detect or prevent security incidents or other illegal activity; debug; verify or maintain quality or safety or improve or upgrade a service or device owned or controlled by us.
We do not monitor or profile visitors to our Site or collect, in any automated manner, any special categories of sensitive Personal Information about you. No automated decision-making, including profiling, is used when processing your Personal Information.
4. Additional Uses of Personal Information
In addition to the uses described above, we may use your Personal Information for the following purposes if you become a Subscriber or authorized user. Some of these uses may, under certain circumstances be based on your consent, may be necessary to fulfill our contractual commitments to you, or are necessary to serve our legitimate interests in the following business operations:
- Providing you with newsletters, articles, alerts and announcements, and other information that we believe may be of interest to you;
- Providing you with Marketing information about our services and;
- Conducting research, surveys, and similar inquiries to help us understand Subscriber or authorized user needs;
- Analyzing your interactions with us and our Site, and improving our products, services, programs, and other offerings;
- Preventing, investigating, or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of Personal Information, our Site or data systems; or to meet legal obligations; and
- Enforcing our Terms and Conditions, Subscription Agreement, and other agreements.
5. How We Share and Disclose Personal Data
5.1 Aggregated Information:
We may disclose aggregated information that does not identify any individual (and therefore, is not deemed to be Personal Information) without restriction.
5.2 We share Personal Information with the following categories of recipients:
- Corporate Affiliates: We may share your information with our corporate affiliates that are subject to this policy.
- Business Transfers: When applicable, we may share your information in connection with a substantial corporate transaction, such as the sale of a Site, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
- Third-Party Advertising: We share information with third parties that either display advertising on the Site or manage our advertising on other sites and applications.
- With Your Consent or at Your Direction: We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.
- Other Legal Reasons: In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law; (2) to respond to requests from public and government authorities including public and government authorities; (3) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliates; (6) to protect the rights, privacy, safety or property of ResMan, our affiliates, you and others; and (7) to enforce our terms and conditions.
ResMan keeps Personal Information on file and shares it with its Subscribers, but does not sell or otherwise share, license or transmit this information to third parties or external vendors unless required to do so by legal, judicial or governmental proceedings, or to provide the Services.
6. Data Security
We use reasonable organizational, technical and administrative measures to maintain the privacy and security of your Personal Information within our organization. Accordingly, we prevent unauthorized access by a secure firewall and use of security technologies to protect the integrity and privacy of any Personal Information you provide. Although we work hard to protect your Personal Information, ResMan cannot guarantee the security of any information you transmit to us through online forms and applications, and you do so at your own risk. The Site is not designed to store sensitive personal information such as financial, health or educational records and you should not use the site for that purpose. Please note that email is considered a non-encrypted (and therefore non-secure) form of communication, and it can be accessed and viewed by others without your knowledge and permission. For that reason, to protect your privacy, please do not use email to communicate information that you consider confidential. Unfortunately, no data transmission or storage system can be guaranteed to be secure at all times. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.We are not responsible for any outcome if you circumvent any privacy settings or security measures. You are responsible for choosing a password of appropriate strength, not sharing or reusing passwords used on other websites, and keeping your password confidential. ResMan employees will never ask for your password.
7. Retention of Personal Data
8. Capacity / Children
This Site is only intended for individuals who are at least 16 years of age. We do not knowingly encourage or solicit visitors to this Site who are under the age of 16 or knowingly collect Personal Information from anyone under the age of 16 without parental fiduciary consent. If we learn we have collected or received Personal Information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us in accordance with the “How to Contact Us” section below.
We are committed to complying with the Children’s Online Privacy Protection Act (COPPA). Our Service is not directed to children under the age of 13 and children under the age of 13 are not to use the Site or provide any information to our Service without express parental consent. We do not knowingly collect personal information from children under the age of 13. If we receive personal information that we discover was provided by a child under the age of 13, we will promptly destroy such information.
California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see YOUR CALIFORNIA PRIVACY RIGHTS for more information.
9. Financial Information
ResMan uses third-party payment processor to process online payments made to us. In connection with the processing of such payments, we do not retain any personally identifiable information or any financial information such as credit card numbers. Rather, all such information is submitted directly to the payment processor.
10. E-mail Marketing
We may periodically send you relevant alerts and newsletters by e-mail. To help improve our Marketing, we often receive a confirmation when you open an e-mail or click on a link included in one of these emails, if your computer supports such capabilities. Instructions on how to unsubscribe from these alerts and newsletters are included in each e-mail.
11. Your Personal Data Choices
11.1 You have choices in how your Personal Information is used and shared. You have the right to:
- Update, access, and delete your account information;
- Choose whether you wish to receive promotional and newsletter communications; and
- Choose whether you wish to share Personal Information with and use ResMan integrations and third-party vendors.
11.2 Account Information:
If you are a Subscriber and have an account with us, you may update or correct your Personal Information at any time by contacting your property management company. ResMan will provide you with information about whether we hold, or process on behalf of a third party, any of your Personal Information. We will respond to your access request within 30 days.
11.3 Deactivating or Deleting Your Account:
Each Resident account is managed through the Property Management Company associated with the Resident. If you are a resident and wish to deactivate your account, please contact your Property Management Company who will be able to assist you with your request. But note that we may retain certain information, including cached or archived copies, as required by law or for legitimate business purposes.
Certain Exceptions to Deletion Request Rights:
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
11.5 Choice and Opt-Out:
- We provide you the opportunity to “opt-out” of having your Personal Information used in for certain purposes and instances. If you no longer wish to receive our newsletter and promotional communications, you may opt-out of receiving them by following the instructions included in each newsletter or communication. We offer an opportunity to opt-out of certain communications on our Resident portal page.
- You may opt-out of personalized ads anytime by deleting your browser’s cookies. For more information, please review our Cookie Notice.
11.6 Exercising Access, Data Portability, and Deletion Rights:
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request as follows:
- If you are a Subscriber or want to be a Subscriber email us at firstname.lastname@example.org.
- If you are a Resident contact your Property Management Company to submit a verifiable request.
- If you are a California Resident contact our help desk at 1-888-702-0971.
11.7 Verification of Your Identity:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may make a verifiable consumer request for access or data portability twice within a 12-month period. You must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
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.
12. Withdrawal of Your Consent
Where you have provided consent to process personal information, you have the right to withdraw such consent at any time, without affecting the lawfulness of processing based on consent before its withdrawal. You may do this by contacting us as set forth in the “How to Contact Us” section below.
13. Response Timing and Format
We endeavor to respond to a verifiable consumer request within thirty (30) days of its receipt. If we require more time (up to 90 days), 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. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
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.
14. Cookies Notice
14.1 What Are Cookies and Why Are Cookies Used:
A cookie is a piece of data that a website can send to your browser, which may then be stored on your computer as a tag that identifies your computer. While cookies are often only used to measure website usage (such as number of visitors and duration of visit) and effectiveness (such as topics visitors are most interested in) and to allow for ease of navigation or use and, as such, are not associated with any personal information, they are also used at times to personalize a known visitor’s experience of a website by being associated with profile information or user preferences. Over time this information provides valuable insight to help improve the user experience.
15. Your California Privacy Rights
As of January 1, 2020, under the California Consumer Privacy Act (CCPA), California Residents have the right to request the following information from your property management company and they will provide the following information to you upon verification of your identity:
- The categories of Personal Information ResMan collect about you;
- The categories of sources from which your Personal Information is collected;
- The business purpose for collecting your Personal Information;
- The categories of third parties with whom ResMan shares your Personal Information; and
- The specific pieces of Personal Information ResMan have collected about you.
You may opt out of any Marketing by us and from the disclosure of your Personal Information to third parties.
Personal Information Sales Opt-Out And Opt-In Rights: If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is at least 13 but not yet 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time.
To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting your Resident account portal setting to opt out of the sale of information.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back into personal information sales at any time by visiting the Resident account portal settings to change you opt-in and opt-out settings regarding sale of information. You do not need to create an account with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Non-Discrimination: If you elect to exercise any of your rights under CCPA, ResMan will not discriminate against you for exercising any of your CCPA rights. Unless otherwise permitted by the CCPA, we will not: deny you goods or services, charge you a different price or rate for our goods or services, or provide you a different level or quality of goods or services because you exercised such rights. Under the current definition of CCPA, ResMan does not sell your Personal Information.
Other than as provided above, we may offer you certain financial incentives, as permitted by the CCPA, in exchange for your giving us certain information, which incentives may result in different prices, rates, or quality levels. Any CCPA-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.
In particular, for example, we have collected the following categories of personal information, from Subscribers, authorized users, and visitors to our Sites, within the last twelve (12) months:
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
b. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)
A 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.Some personal information included in this category may overlap with other categories
c. Protected classification characteristics under California or federal law
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)
i. Professional / Employment
Current or past job history
16. Links to Other Sites
18. How to Contact Us