WE ARE

WEBSITE PRIVACY POLICY

 

Last Updated: June 29th, 2022

 

1.         Overview

 

This Privacy Policy (“Policy”) describes how Brooklyn Creative Lofts (“Company,” “Our,” “We” and/or “Us”) collects, uses and shares the information provided by you (“You”) and/or collected by Us through the https://www.brooklyncreativelofts.com (“BCL Website”) and/or any of the services offered through the BCL Website (“BCL Services”).

 

Specifically, this Policy describes:

 

• The Information That We Collect;

• How We Use the Information We Collect;

• How We Share the Information With Third Parties;

• Security of Information;

• Choices and Rights;

• Cookies; 

• Children Under the Age of 13; and

• How to Contact Us.

 

By visiting and/or accessing the BCL Website and/or using any of the BCL Services and/or submitting any Rental Application Information (as that term is defined below) through the BCL Website and/or the BCL Services, You are consenting to Our use and disclosure of the information Company collects and/or receives as set forth in this Policy, and You also are agreeing to be bound by this Policy, as well as the Website Terms and Conditions, set forth on the BCL Website, which are hereby incorporated by reference.

 

2.         Important Notices

 

• EU Privacy Rights.  For users that are citizens of the European Union ("EU"), this Policy is subject to the provisions of the General Data Protection Regulation ("GDPR") and other applicable privacy laws.  In such case, Company is the data “Controller” and You are a “Data Subject” with certain protected privacy rights concerning Your “Personal Data.”  Company will take commercially reasonable steps to maintain compliance with GDPR requirements.  Your Personal Data may identify You as a person, and thus is often referred to as Personally Identifiable Information (“PII”).

• California Privacy Rights.  The California Consumer Privacy Act (“CCPA”) of 2018 enhances privacy rights and consumer protection for residents of California. Under the CCPA, California residents have the rights to: (a) know what personal data is being collected about them; (b) know whether their personal data are sold or disclosed, and to whom; (c) say 'no' to the sale of their personal data; (d) access their personal data; and (e) not be discriminated against for exercising their privacy rights under the CCPA.  California law allows California residents to request information regarding Company’s disclosures in the prior calendar year, if any, of their PII to third parties. To make such a request, You may fill out our CCPA Request Form, or please contact us at contact@rmanagementnyc.com or (347) 501-0860.  Please include enough detail for Us to locate Your file; at a minimum, Your name, email and username, if any.  We will attempt to provide You with the requested information within thirty (30) days of receipt.  We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing.  Our disclosure only includes information covered by the law.

• IMPORTANT: By agreeing with this Policy and Our Website Terms and Conditions, and by providing Us with Your email and telephone contact information, You further agree that We may send You information and marketing email and text messages.  You may opt out from receiving such email and text messages at any time by contacting Us or clicking any provided opt out link.

 

3.         The Information that We Collect

 

For purposes of this Policy, the term “User Content” shall mean any content uploaded, submitted, disclosed, stored, sent and/or received while using any of the BCL Services by any User including, without limitation, in connection with submitting any Rental Application Information.

 

We do not collect personally identifiable information (PII) about You unless You choose to provide that information to Us including, without limitation, by submitting Rental Application Services through the BCL Services.  Any PII you choose to provide is protected by privacy and security practices. 

                        

                        A.        Rental Application Information & Social Security Number.  By providing information on a rental application submitted through the BCL Services including, without limitation, your name, email address, making address, social security number (“SSN”), prior employment information and prior landlord information (“Rental Application Information”), you are consenting to the disclosure and/or use of the Rental Application Information by BCL and/or its designated agents, contractors, consultants and/or representatives for the limited purpose of BCL and/or its designated agents and representatives: (i) conducting a comprehensive review of your background through a consumer report and/or an investigative consumer report to be generated; (ii) to otherwise verify your consumer information including, without limitation, credit, (i.e. FICO Score), criminal, housing records and public records information.  In addition, by submitting Rental Application Information, you are hereby consenting to BLC sharing the Rental Application Information with the property manager, landlord, real estate broker and/or designated agent (“Owner”) in the event the Owner seeks to procure a tenant screening report on you to determine my suitability for commercial tenancy.  The limited purposes referenced in this Subsection are collectively referred hereinafter as the “Limited Screening Purposes”.

 

                        Except for the Limited Screening Purposes, no SSN or portion of an SSN will reused in the conduct of Company’s business.  Records that include SSNs will be maintained in accordance with federal and state law.

 

                        B.        Additional Information Provided by Users.  Company may collect the following information directly from the Users:  

 

• Requests for Information. If the User submits a request for information or otherwise contacts Us, We collect the User’s request and their identifying contact information (including, without limitation, your name, email address, telephone number and address; 

• Support Requests. If a User submits a support request or question, We receive the User’s request/question and their associated identifying contact information;

• Content Submission.  If a User submits information on Company’ forms (other than the rental application form which is addressed separately above), blogs, social media pages or through file uploads, We receive such information and the User’s  associated identifying contact information; and,

• Preference Information.  Company collects information such as preferred time zone or whether to show a dialog on your next visit. We do this to personalize your experience with the BCL Services.

 

 

                        C.        Automatically Collected Information.  When a User visits the BCL Website and/or uses any of the BCL Services, Company collects information about how such Users interact with the BCL Website and/or the BCL Services including the pages viewed, dates and times of meetings and appointments scheduled and attended, videos watched, attachments and/or materials downloaded and chat history and content, if any.  Company’s servers automatically collect other information about Users, through the use of cookies and web beacons, that may include, without limitation, web request, Internet Protocol (“IP”) address, browser type, mobile device information and general geographic location including country and city from which a User accesses the BCL Website and/or the BCL Services. We may also collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the BCL Website and/or the BCL Services.

 

4.         How We Use the Information We Collect

 

Company may use the information We collect including, without limitation, any information provided on the Rental Application Information, excluding the SSN, and User Content, to: 

 

• Provide, improve and analyze the BCL Services; 

• Engage in activity in relation to the BCL Services including, without limitation, sending newsletters, updates and/or similar and/or comparable commercial space listings that may be available for rent or lease; 

• Respond to questions, comments, and requests for information and/or provide customer support; 

• Provide administrative notices or communications applicable to the User’s  use of the BCL Website and/or the BCL Services;  

• Comply with applicable law and/or regulations; 

• Establish, exercise or defend Company’s rights, or for the purposes of legal proceedings; 

• Detect, investigate and prevent activities that may violate the Website Terms and Conditions or applicable law; 

• Administer, troubleshoot and/or secure the BCL Website and/or the BCL Services;  

• Log the User’s use of the BCL Services for Our own legitimate business purposes, which may include, without limitation, the analysis of usage, measurement of site performance and generation of reports; and

• In connection with, conducting a sale of all or substantially all of Company’s business or assets, which includes the sale, assignment or other transfer of the User’s information which may include Personal Information in connection with such transaction.

 

Company may disclose the SSN and other Rental Application to its designated agents, contractors, consultants and/or representatives for purposes of the Limited Screening Purposes. 

 

Company does not sell or rent Rental Application Information including for advertising purposes. In addition, Company does not disclose or provide any of the User Content to third parties for any purpose except as set forth in this Policy.

 

To the extent permitted by law, Company uses and shares de-identified and/or aggregated information for various purposes including, without limitation, improving the design, features and functionality of the BCL Website and/or the BCL Services, for marketing purposes, for general business purposes, and for administrative purposes.

 

Company also uses the User Content to send information about features on the BCL Website and/or the BCL Services and/or changes to Company’s policies and communicate with Users about the BCL Services including, without limitation, the account, transactions with Company and security alerts.

 

Company would like to send Users information on comparable and/or similar commercial space listings that may be available for rent or lease and/or information as to Company’s services and products that may be of interest.  If a User has agreed to receive marketing communications from Us, a User may always opt out a later date.  The User has the right, at any time, to stop Company from contacting the User for marketing purposes. If the User no longer wishes to be contacted for marketing purposes, you may unsubscribe as set forth in the marketing communications, or please contact Us as set forth in the “Contact Us” section below. If a User opts out of receiving Our marketing communications, You may still receive transactional or administrative emails from Company in connection with the User’s use of the BCL Services.

 

5.         Grounds for Using the User’s Personal Information

 

Company relies on the following legal grounds to process the User’s personal information:

 

• Performance of a Contract. Company may need to collect and use the User’s personal information to enter into a contract with the User or to perform services for the User; 

• Legitimate Interests. Company may use the User’s personal information for Our legitimate interests, some examples of which are given above; 

• Compliance With Law or Regulation.  Company may use the User’s personal information as necessary to comply with applicable laws/regulations; and,

• Consent. With the exception of certain items of the Rental Application Information, Company may (but usually do not) need the User’s consent to use the User’s personal information. The User can withdraw their consent by contacting us, as set forth below under the “Contact Us” section. 

 

6.         How We Share the Information With Third Parties

 

Company may permit certain third party contractors and service providers to analyze usage of the BCL Services, as well as analyze information such as the source address that a page request is coming from, the User's IP address or domain name, the date and time of the page request, the referring website (if any) and other parameters in the URL.  Company collects this information in order to better understand the usage of the BCL Website and/or the BCL Services, enhance the performance of the BCL Website and/or the BCL Services and operate the BCL Services. Company may allow third party contractors and service providers to host portions of the BCL Services infrastructure, operate various of features of the BCL Services, store content, send emails and store data on Company’s behalf.

 

Under certain circumstances, Company may disclose personal information including the following: 

 

• To provide technical support or secure the BCL Services; and

• To detect, investigate and prevent activities that may violate the Website Terms and Conditions or any applicable law.

 

Company may also disclose personal information including, without limitation, User Content and/or Rental Application Information when Company determines, in good faith, that such disclosure is necessary to comply with the law, to cooperate with or seek assistance from law enforcement, to prevent a crime or protect national security, or to protect the interests or safety of Company or other Users.

 

In addition, Company may also share personal information including, without limitation, User Content and/or Rental Application Information in connection with a merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of Company’s business or assets to another company (or in connection with related due diligence). In these circumstances, Company will only share such information with a company that has agreed to data privacy standards no less stringent than Company’s own and after providing advanced notice to the User.

 

7.         Security of Information

 

Company recognizes the importance of protecting personal information submitted through the BCL Website and/or the BCL Services.  Company has various precautions and safeguards in place to protect the information that Users share with Company from loss, destruction and unauthorized access, use, alteration, and disclosure.  These measures including, without limitation, backups, employee restriction to personal information and a security breach policy. 

 

Unfortunately, no security system is perfect, and no data transmission over the Internet can be guaranteed to be completely private or secure. As a result, We cannot guarantee or warrant the security of any information a User transmits to or from the BCL Website and/or any of the BCL Services.  We are not responsible for circumvention of any privacy settings or security measures We provide. We cannot promise that the User’s personal information will remain absolutely secure in all circumstances.

 

In addition, the safety and security of the User’s information also depends on the User. Where the User uses a password for access to certain parts of the BCL Services, the User is responsible for keeping this password confidential. Users are prohibited from sharing their username and password with anyone.  The User  should provide notice immediately to Company if they believe their account information has been compromised.  If a security breach compromises the User’s data, Company will provide notifications of the event as required by applicable law.

 

How long Company holds a User’s personal information for will vary and will depend principally on:

 

• The Purpose for Which We are Using Your Personal Information: Company will need to keep the information for as long as is necessary for the relevant purpose; and

• Legal Obligations: Laws or regulations may set a minimum period for which Company has to keep the User personal information.

 

8.         User’s Choices and Rights

 

The User may have a number of legal rights in relation to Your personal information that Company holds about a User.  Depending on the User’s location, the User may have the right to exercise certain privacy rights under applicable laws including:

 

• Right to Access. The User may have the right to access Company for copies of their personal information.  Please note that there may be circumstances in which Company are entitled to refuse requests for access to copies of personal information. In particular, information that is subject to legal professional privilege will not be disclosed to the User;

• Right to Rectification.  The User may have the right to request that Company corrects any information that the User believes is incorrect.  The User may also have the right to request that Company completes information that the User believes is incomplete;

• Right to Erasure.  The User may have the right to request that Company erase their personal information under certain conditions.  Please note that there may be circumstances where the User asks Company to erase Your personal information, but Company is legally entitled to retain it;

• Right to Restrict Processing.  The User may have the right to request that Company restricts the processing of their personal information under certain conditions.  There may be circumstances where the User asks Company to restrict Company’s processing of the User’s personal information, but Company is legally entitled to refuse that request;

• Right to Object to Processing.  The User may have the right to object to Company’s processing of their personal information under certain conditions.  Again, there may be circumstances where the User objects to Company’s processing of the User’s personal information, but Company is legally entitled to refuse that request;

• Right to Data Portability. In some circumstances, the User may have the right to receive some personal information in a structured, commonly used and machine-readable format and/or request that Company transmits such information to a third party where this is technically feasible. Please note that this right only applies to personal information which the User has provided to Company;

• Right to Withdraw Consent.  The User may have the right to withdraw their consent, although in certain circumstances it may be lawful for Company to continue processing the personal information without the User’s consent if Company has another legitimate reason (other than consent) for doing so; and/or

• Right to Make a Complaint:  The User also has the right to make a complaint to the relevant authorities in the User’s jurisdiction.  The User can submit a complaint by contacting Company as set forth in the “Contact Us” section below and include the detailed factual and legal basis supporting the User’s complaint.  Company will endeavor to respond to the User’s complaint within thirty (30) days from the date of the User’s submission.  

 

Company may need to verify the User’s identity prior to complying with any requests hereunder.  Please submit the request to Company as set forth in the “Contact Us” section below.  

 

In addition, the User may access, update and amend their personal information included in the User’s online account at any time by logging into their account and making the necessary changes.  The User may also choose to deactivate their account by contacting Us as set forth in the “Contact Us” section below.  When Company deactivate the User’s account, the User will be logged out of the BCL Services and the User will no longer be able to log into the BCL Services to access information.  Certain information in connection with the User’s account may be retained after deactivation by Company pursuant to this Policy.

 

9.         Cookies

 

The BCL Website, similar to many other websites, may passively collect information about the User's browsing activities using cookies and similar technologies (internet tags, web beacons, and navigational data collection).  Company collects this information about the User’s browsing activities to (a) present and improve the content and functionality of the BCL Services; (b) deliver the BCL Services to the User; (c) analyze use of the BCL Services; and (d) provide the User with a more personal and interactive experience with the BCL Services.  

 

Company relies on the User’s express opt-in consent for the use of analytic and marketing cookies and similar technologies.  The legal basis for processing of strictly necessary cookies is Company’s legitimate interests in the proper administration of the BCL Services.

 

10.       Children Under the Age of 13

 

The BCL Services are not intended for children under thirteen (13) years of age. No one under the age of thirteen (13) may provide any information, personal or otherwise, to or through the BCL Website and/or the BCL Services.  Company does not knowingly collect personal information from children under the age of thirteen (13) in accordance with the Children’s Online Privacy Protection Act (“COPPA”).  If You are under the age of thirteen (13), do not use or provide any information through the BCL Services or on or through any of its features or provide any information about Yourself to Company, including, without limitation, your name, address, telephone number, email address, or any screen name or user name You may use. If Company learns that We have collected or received personal information from a child under the age of thirteen (13) without verification of parental consent, Company will delete that information. If You believe We might have any information from or about a child under the age of thirteen (13), please contact Company as set forth in the “Contact Us” section below. 

 

11.       Third-Party Services.

 

Certain third-party products or services may be available for Users to choose to integrate within or use within the BCL Services. A User is not required to use such additional products in the BCL Services. Before electing to use such third-party services, the User should review the terms, policies and practices of the third-party products and services to understand their terms and policies with respect to any personal information they may collect. We strive to make available third-party services that will be useful to Users, but Company is not responsible for their data and privacy practices including with respect to personal information.

 

12.       Changes to this Policy

 

To the greatest extent allowed by applicable law, Company reserves the right to revise, change, amend, alter, add to, or modify this Policy at any time to, without limitation, reflect any changes to the way in which Company treats Your personal information or in response to any changes in applicable law.  Any such changes and/or updates shall be effective immediately upon posting to this webpage, unless otherwise stated. If Company makes material changes to how Company treats the User’s personal information. We will provide notice on the website home page as well.  The date this Policy was last updated is identified at the top of the document.  The User’s continued access and use of the BCL Website and/or the BCL Services after the “Last Updated” date constitutes acceptance of those changes and to Company’s collection and sharing of the User’s personal information according to the terms of the then-current Privacy Policy.  Please review this Policy periodically to review the most current version of this Policy.  If a User does not agree with this Policy and/or Company's practices as it pertains to the User’s personal information, do not visit, access, view or use any part of the BCL Website and/or the BCL Services. 

 

 

 

13.      How to Contact Us

            

For more information about Company’s privacy practices, if You have questions about this Policy, or if you wish to exercise Your rights or make a complaint about how We handled personal information about You, please contact Company using the contact details below for further assistance:

 

Brooklyn Creative Lofts

55 Meadow Street

Brooklyn, NY 11206

646-291-2018

leasing@brooklyncreativelofts.com