Naked Apartments Privacy Policy

(Last updated November 11, 2014)

This “Site” (as defined herein) is operated by Naked Apartments, Inc. ("Naked Apartments", “Company” or "we," "us," or "our"). This privacy policy (“Privacy Policy”) applies to your use of our Site located at www.nakedapartments.com and any other online and mobile sites, blogs and interactive applications operated by Company that are related to www.nakedapartments.com (collectively, the “Site”) (unless a different policy is provided on a particular site or application, in which case such different policy shall control.) This Privacy Policy discloses what type of information is collected, the methods used to collect it, how Company utilizes the information to better serve all interested parties and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Site indicates that you have read, accepted and unconditionally agreed to the Company privacy practices, as outlined in this Privacy Policy and any other applicable terms. The Terms of Service for this Site are incorporated herein by this reference. For purposes of this Privacy Policy, personally identifiable information (“PII” or “personal information”) is personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.

BY USING OR ACCESSING IN ANY WAY THE SITE, OR BY TRANSMITTING INFORMATION TO US BY EMAIL OR OTHER ELECTRONIC MEANS, YOU ASSENT TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR OTHERWISE ENGAGE IN THESE ACTIVITIES.

INFORMATION COLLECTION, USE AND SHARING

When you register with the Site as a subscriber, we collect certain PII and sensitive information from you, which we use and provide to others, as follows:

  • Renter subscribers

    • Contact Information. If you fill out a profile with the Site or if you contact agents or landlords, we collect basic contact information about you (including your name, telephone number and e-mail address) in order to be able to contact you and so agent and landlord subscribers can reply to you. We will not provide your contact information to other subscribers or non-subscribers. However, if you register as a renter subscriber, subscribers and non-subscribers to the Site will be able to see certain information that you might have provided including, [first name, maximum desired rent, desired neighborhoods, desired apartment size, number of roommates, if you have pets, credit score, annual salary, if you have a guarantor, and move date] as part of your public profile on the Site. You may choose to provide your full contact information to subscribed agents and landlords with whom you wish to conduct business.
    • Credit/Financial Information. When you fill out a profile you might choose to provide certain credit and financial information (such as your name, current address, date of birth and your social security number) which we use to obtain your credit score from a credit reporting agency. Your credit/financial information will not be disclosed to a third party except only as needed to process the transaction (for example, to the credit reporting agency). Agent and landlord subscribers will be provided with your credit score; however, it will only be associated with your first name unless and until you choose to disclose your contact information to the agent or landlord subscriber. We do not retain your credit/financial information once we obtain your credit score. Also, in establishing your profile on the Site, we might require that you give us your income to indicate your income and tell us whether or not you have access to a guarantor and whether you are co-signing. This information will be displayed as part of your public profile on the Site available to agent and landlord subscribers, associated with your first name only unless and until you choose to provide your full contact information to particular agents and landlords.
    • Your Apartment Preferences. As part of establishing your profile on the Site, you will be asked information regarding your apartment preferences, such as location you wish to live in, the maximum monthly rent you wish to spend, apartment size you are interested in and estimated moving date. These preferences will be displayed as part of your public profile on the Site to agent and landlord subscribers but only associated with your first name unless and until you choose to provide your full contact information to particular agents and landlords.
    • Agent / Landlord Reviews. You may also provide reviews on the Site of agents or landlords after you have worked with them. Any information you provide in these reviews will be displayed to other subscribers of the Site, including your first name. In addition, agents and landlords will be able to see that you wrote the review.
  • Agent / Landlord Subscriber

    • Contact Information. We collect from agent and landlord subscribers, basic contact information (including your name, company name, real estate license, telephone number and e-mail address) in order to be able to contact you as a subscriber and verify your status. We will display your contact information on your listings.
    • License. If your real estate license is expired or otherwise not current, we will notify renter subscribers of this fact.
    • Listings. Any listings and related information you upload to the Site will be viewable by renter subscribers.
    • Reviews from Renters. If you receive a review from a renter it will be displayed to others as part of your public profile on the Site available to renter subscribers. You do not have the option to remove reviews.
    • Credit Card Information. If you wish to subscribe to our site, we require payment at that time using a credit card. You will be asked to provide a valid credit card number, expiration date, name and billing address.
    • Evaluation and Feedback. If you provide us with your own comments about our services, we may use your comments in our marketing and promotional materials and/or on the Site only if you give us permission to do so.
    • Special Offers, Promotions, Newsletters and Updates. If you authorize us to do so in your profile, we will contact you, according to your privacy preferences to inform you of special offers, promotional deals, newsletters, and updates to our service offerings. Out of respect for your privacy, we allow you to choose the path and type of communication you receive. If you wish to update your settings, simply login to the Site and change your notification settings accordingly.

INFORMATION SHARING AND DISCLOSURE

In addition to the sharing and disclosure of information described above, we may also share information about you as follows:

  • Third parties providing services on our behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) fraud protection and credit risk reduction, (b) product customization, (c) marketing and promotional material distribution, (d) Site evaluation, (e) data collection, storage, management, analysis and, where applicable, cleansing, and (g) any other services designed to assist us in maximizing our business potential. These third parties may have access to this Site’s user information, including PII, to the extent it is needed to perform their duties and functions.
  • Security: We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our Site and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Company, or any of our respective affiliates, business partners, customers or others.
  • Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Site during a specific time period or purchased a specific product through this Site.
  • Corporate change: In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of Company’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our Site prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, Company specifically reserves the right to transfer or share a copy of PII collected pursuant to this Privacy Policy from this Site, off-line or otherwise, to the buyer of that portion of its business relating to that information

BROWSER COOKIES

Like many Sites, we use browser “cookies”. Cookies are a Site’s way of remembering who you are. A cookie is a small text file that a Site either transfers to your computer’s hard drive or stores temporarily in your computer’s memory. There are two kinds of cookies: those that are “session” oriented and those that are “persistent”. Session cookies delete from your computer when you close your browser. Persistent cookies retain information for later use tomorrow, next week, next month, or whenever they are set to expire. We use cookies to help us to identify account holders and to optimize their experience on our Site. Cookies also allow us to hold selections in a shopping cart when a user leaves this Site without checking out. Also, we will use cookies to monitor and maintain information about your use of this Site. Most web browsers accept cookies automatically. You can delete cookies manually or set your browser to automatically delete cookies on a pre-determined schedule. For example, in the Internet Explorer menu bar, select: Tools Internet OptionsBrowsing HistoryDelete to view manual and automatic options. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Site.

FLASH COOKIES

Our Site may enable the use of the Adobe Flash Player. Adobe’s Flash Player is used by the vast majority of Sites that offer video and other interactive content. By default, your use of the Adobe Flash Player generates “flash cookies” (also known as “persistent identification elements” or “local shared objects”). Adobe provides a short disclosure about Flash Cookies in its End User License Agreement, stating “Use of the web players, specifically the Flash Player, will enable the Software to store certain user settings as a local shared object on our computer. These settings are not associated with you, but allow you to configure certain settings within the Flash Player.” The Adobe Flash Player (and similar applications) use flash cookies to remember user settings, preferences and usage similar to the browser cookies referenced above, but flash cookies can store more information than browser cookies and are managed through a different interface than the one provided by your web browser. You can control the degree to which you accept flash cookies by accessing your Adobe Flash Player management tools directly through the settings manager for Adobe Flash, located at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you do not allow flash cookies to take any disc space on your computer, you may not be able to take advantage of or participate in certain features on the Site. Users with a computer running the Windows operating system can view flash cookie files in this folder: \Documents and Settings\[username]\Application Data\Macromedia\Flash Player. Users with a computer running the Apple operating system can view flash cookie files in this folder: /users/[username]/Library/Preferences/macromedia/Flash Player. Flash cookies, or LSO files are stored typically with an “.SOL” extension.

Although the Adobe Flash Player is used by the vast majority of Sites that offer video content, it is not the only technology being used in the ever-shifting online and mobile content environment. HTML5 is an increasingly popular web standard used for presenting content, especially content delivered to mobile devices. HTML is the mark-up language used for the World Wide Web. Almost all web pages you visit on the internet are based around HTML code. HTML5 is simply the fifth and latest iteration of this mark-up language that allows for more interactive web pages. One of the real benefits of HTML5 is its potential to standardize the highly fragmented rich-media universe. Some HTML5 code may allow your response to advertising and other activities to be monitored across Sites and such information to be stored on your computer or mobile device. Technology solutions that allow users to opt-out of or block this sort of tracking are being developed through browser add-ons and other tools. 

WEB BEACONS

Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a "clear gif", that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Site, and we may include web beacons in e-mail messages in order to count how many of the messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Site and our marketing campaigns.

USE OF IP ADDRESSES

An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Site, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Site. We may associate your IP address with the PII you provide.

We also may collect and store information about you that we receive from other sources to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

LINKS TO OTHER SITES

The Site contains links to third party sites that are not owned or controlled by us. We are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies only to information collected, retained and accessed by the Site, including services available through the Site. In addition, certain Service Providers may have their own privacy policies that will apply to certain services, as described above.

SECURITY

The security of your personal information is important to us. When you enter your personal information onto our query form and upload your document(s), we encrypt that information using industry standard security protocol for encrypting sensitive information. Naked Apartments follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we cannot, therefore, guarantee the absolute security of anything transmitted via the Internet, you may take comfort in knowing that Naked Apartments uses commercially acceptable means to protect your personal information. If you have any questions about security on our Website, you are always welcome to contact us at info@nakedapartments.com.

CONSENT TO TRANSFER AND PROCESSING

Personal information collected through the Site and/or its services may be stored and processed in the United States or in any other country in which Naked Apartments or its providers (or its or their affiliates or providers) maintain facilities. By using the Site and/or its services, you consent to any such transfer and processing of information outside of your country.

CHILDREN'S PRIVACY

If you are under the age of 13, please do not use or access the Site or services in any way. We will not knowingly collect or use any personal information from any children under the age of 13. If we become aware that we have collected any personal information from children under 13, we will promptly delete such information from our databases.

THIRD PARTY ADVERTISEMENTS

We may from time to time use various outside ad-serving or other companies to serve advertisements on our Site. In the process of serving advertisements, such companies may use cookies, and may use information about your visits to our Site and other Sites in order to provide advertisements on our Site about products and services that may be of interest to you. By delivering ads on our Site, and the use of cookies, the ad-server is able to record what ads a user has seen, and what pages the user was viewing when the ads were delivered. This web usage information may be combined with other ad delivery information the ad-server has collected from your visits to our Site and other websites not affiliated with Company. This non-personally identifiable information is used as part of the ad-serving process for reporting, and to select and direct the ads you see on our Site and on other websites not affiliated with us.

SHARING PAGES WITH FRIENDS

The Site may offer you the possibility to connect your accounts from third party social media sites, such as Facebook and Twitter, through an application programming interface (API) or other software. By allowing the Site to connect with your accounts on such third party sites, you consent to our accessing the information in those accounts, which information may include PII. You likewise consent to our publishing on the Site any such information or actions you take on such third party sites. Additionally, you understand that by accessing the Site via your social media account, activity you engage in through the Site may be published on the third party site. It is your choice whether to use any such third party sites, and you understand that in some instances such third party sites may request to access and publish information about you or your friends from Company.

CHANGES TO THIS POLICY

Naked Apartments may update this Privacy Policy from time to time, and when we do, we will also revise the "last updated" date at the top of this Privacy Policy. If we consider any change to this Privacy Policy to be material, we will place a prominent notice on the Site or we may notify you directly by e-mail, at our discretion. Changes are effective upon posting to the Site, unless we say otherwise in our notice, so please check this Site often for changes.

UPDATING YOUR INFORMATION; QUESTIONS

You may view or edit your personal information online by accessing your account for the Site at www.nakedapartments.com, using your user name and password for the Site. Please feel free to contact us at info@nakedapartments.com, to assist in updating your personal information or if you have any questions regarding this Privacy Policy.

CHOICE OF LAW

This Privacy Policy, including all revisions and amendments thereto, is governed by the internal laws of the State of New York, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

ARBITRATION

By using the Site in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against the officers, directors and employees of Company and its parent, subsidiaries, affiliates (all such individuals and entities collectively referred to herein as the “Company Entities”) arising out of, relating to, or connected in any way with the Site or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in New York, New York; (4) the arbitrator’s decision shall be controlled by the terms and conditions of this Privacy Policy and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Site; (5) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable Company Entity’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any Company Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Company Entity exceed $125 USD, and your are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Company agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor Company shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.

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