1. Collection of Personal Information

For purposes of this Privacy Policy, “personal information” means any information that relates to an identified or identifiable individual. The personal information we collect through our Sites will be apparent by the context of the page, and may include but is not limited to the following types of information.

a. Personal information you provide to us

We may collect the following personal information about you that you choose to provide us when you use our Sites:

• Resident Services Accounts. When you register for a Resident Services Account, you may be asked to provide your first and last name, email address, zip code, apartment community, and certain information provided by our leasing offices, such as your registration code.  When using the Resident Services features on our Sites, such as rent payments, maintenance requests, or facilities reservations, you may provide personal information relating to those features, including bank and payment card information and information about your residence.
• Investor Portal Accounts. When you register or login to your Investor Portal Account, you may be asked to provide your email address, company name, entity name, subscription document, and password.
• Lease applications and renewals. If you wish to submit an application through our Online Leasing websites, you may be asked to provide your first and last name, date of birth, address, Social Security number, registration code, email address, income, bank information, and create a password.
• Communications information. When you communicate with us through our Sites, we may collect your first and last name, email address, phone number, unit type, desired move-in date, and any personal information that you choose to provide in the content of your message.
• Posted content. Your online account may utilize certain community features, such as the “Bulletin Board.”  If you choose to use such features, you may be provided the option to provide certain personal information to us and, in some circumstances, to other users. We advise you to use caution when participating in any online forum, as any information you post can be collected and used by third parties.  We are not responsible for the information you submit in these online forums and public areas or for other users’ actions with respect to that information.

b. Information that we automatically collect

Our Sites use cookies and other tracking technologies such as web beacons, embedded scripts, and tags (“Cookies”), which collect information from you automatically as your use our Sites, including:

• Browser and device data, such as IP address, device identifier, device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, add-ons, and the language version of the Sites you are visiting; and
• Usage data, such as geolocation data, browsing history, time spent on the Sites, pages visited, links clicked, language preferences, patterns of use, and the pages that led or referred you to our Site.

We also collect information about your online activities on websites and connected devices over time and across third-party websites, devices, apps, and other online features and services. For example, some of our community websites may use Google Analytics on our Sites to help us analyze your use of our Sites and diagnose technical issues.

Please review our Cookie Policy below for more information about our use of these technologies.

Investor Portal. Avanath uses an investor portal that is operated by a third party partner, Juniper Square, to allow you to track your investments and securely access your documents such as tax forms and investor reports (the “Investor Portal”). If you use the Investor Portal, most of the personal information that you provide is collected and controlled by Avanath and is addressed in this Privacy Policy and/or our Privacy Notice for Investors. However, certain system usage information may be automatically collected by Juniper Square for their own business purposes. If you intend to use the Investor Portal, we encourage you to review Juniper Square’s Privacy Policy, which will be available when you access the Investor Portal, for more detail on their information collection and use.

2. Use of Personal Information

• a. Our products and services

   

  We use the personal information we collect to provide, maintain and improve our Sites and the services that Avanath offers through them (our “Services”). This includes:

   

  • + To provide you with requested Services, which may include residence applications and renewals, rent payments, maintenance requests, facilities reservations, and investor services.
  • + To process rent or other payments.
  • + To provide you with customer service and support, and to facilitate other communications that you request or that are required to render Services to you.
  • + To provide you with information about new Services and other opportunities that we believe may be of interest to you, whether offered by us or third-party partners, and to personalize, measure, and improve such offers.
  • + To perform analytics for new and existing Services, such as our user accounts and related features
  • + To maintain and improve the quality of our Sites and Services
  • + To grow our business, including to perform research and development, understand our residents and user trends, and understand the effectiveness of our marketing
  • + To protect ourselves, you, and others; prevent fraud; and create and maintain a trusted, secure, and reliable online environment
  • + To comply with our legal obligations; respond to subpoenas, court orders, or legal process; or to establish or exercise our legal rights or defense against legal claims

• b. Digital marketing communications

   

  We may send you promotional email communications about Avanath, invite you to participate in events or promotions, or otherwise communicate with you for marketing purposes, as allowed by applicable law.  For example, when we collect your contact information through your interaction with our Sites, we may use that information to follow up with you regarding an event or send you information that you have requested about Avanath.  You may opt out of receiving any, or all, of these communications from us via the unsubscribe link provided in such emails or by following further instructions provided in Your Rights and Choices.

3. Sharing of Personal Information

We may share your personal information with the following categories of third parties:

• a. Our affiliates. We may share personal information with our affiliates, including our communities, to provide our Sites and Services and for internal administrative purposes.
• b. Service providers. We share personal information with our service providers to provide services on our behalf, such as payment processing, analytics, advertising, hosting, marketing, customer and technical support, and other services. These third parties have access to your personal information only to perform these tasks on our behalf and are obligated not to disclose or use the information for any other purpose.
• c. Business partners. We share personal information with third-party business partners in connection with our Site and Services. For example, we may share personal information with our business partners for their direct marketing purposes.  Similarly, we may share with, or make available to, a business partner personal information, such as Usage Data and your Device Data, when you visit certain portions of our Sites. In addition, when you are on the Sites, you may be directed to other services that are operated and controlled by third parties.
• d. Affiliate and business transfer. If Avanath is involved in a merger, acquisition or asset sale, your personal information may be transferred.  We will provide notice before your personal information is transferred and becomes subject to a different privacy policy.
• e. Compliance and harm prevention. We may share personal information as we believe necessary (i) to comply with applicable law, rules and regulations; (ii) to enforce our contractual rights; (iii) to investigate possible wrongdoing in connection with the Site and Services; (iv) to protect and defend the rights, privacy, safety and property of Avanath, you or others; and (v) to respond to requests from courts, law enforcement agencies, regulatory agencies, and other public and government authorities.

4. Your Rights and Choices

You may have rights and choices regarding our use and disclosure of your personal information.  Unless instructed otherwise, you can exercise these rights and choices using the information in the Contact Us section at the end of this Policy.

• a. Opting out of receiving electronic communications from us. IIf you no longer wish to receive promotional email communications from us, you may opt out via the unsubscribe link included in such emails or by following further instructions provided in Your Rights and Choices. We will comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving promotional emails from us, we may still send you important administrative messages that are required in order to provide you with our Services or for other reasons disclosed in this Policy.
• b. View or change your account personal information. Whenever made possible, you can review, correct or update your personal information directly within your Resident Services Account, or within your Investor Account by contacting the administrator.
• c. Your California privacy rights. If you are a California resident, you may visit our California Privacy Notice to learn more about the personal information we collect, use and disclose, as well as your privacy rights related to your personal information under the California Consumer Privacy Act (CCPA) and its amendment, the California Privacy Rights Act (CPRA), as well as other state laws.
• d. Your Nevada privacy rights. Nevada residents have the right to request to opt out of any “sale” of their personal information under Nevada SB 220.  We do not currently “sell personal information under Nevada law; however, you may still request to opt out of the future sale of your personal information. If you are a Nevada resident and would like to make such a request, please contact us using the information in the Contact Us section at the end of this Policy, and provide “Nevada Privacy Rights” in the subject line. You must include your full name, email address and postal address in your request so that we can verify your Nevada residence and respond.  In the event we sell your personal information after the receipt of your request, we will make reasonable efforts to comply with such request.
• e. Your European and United Kingdom privacy rights. Individuals located in the European Economic Area and United Kingdom have certain rights with respect to our collection, use, and sharing of their personal information. Please review our European Privacy Notice below for more information about those rights.

5. Data Security

The security of your personal information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.  We maintain appropriate technical, administrative and physical safeguards to help protect the security of your personal information against unauthorized access, destruction, loss, alteration, disclosure or misuse. If you have a Resident Service Account or an Investor Service Account and you suspect any unauthorized use of your account or password, you should notify us immediately using the Contact Us section below.

6. International Data Transfers

Our Sites are operated exclusively in the United States and intended for users located in the United States, except where otherwise noted. We may transfer, store and use information we collect and maintain about you, including personal information outside of your state, province, country or other governmental jurisdiction. The data protection laws in the jurisdiction in which we process personal information may differ from those of your jurisdiction, and in certain circumstances, your personal information may be subject to access requests from governments, courts, law enforcement agencies or regulatory agencies in those other jurisdictions. By using the Sites or providing us with any information, you consent to the transfer and processing of your information, including personal information, in the United States as set forth in this Privacy Policy.

If you are located in the European Economic Area (“EEA”) or the United Kingdom (“UK”), we comply with any applicable laws to provide an adequate level of data protection to the U.S., as described further in our European Privacy Notice. Where applicable law requires us to ensure that an international data transfer is governed by a data transfer mechanism, we use EU Standard Contractual Clauses with data recipients located outside the EEA or the UK as well as other appropriate measures and safeguards.

7. Cookie Policy

When you visit our Sites, we may collect information from you automatically through Cookies. We also rely on partners to provide many features of our Sites using data about your use of the Sites.

We use Cookies for the following purposes:

• Necessity. To enable features that are necessary for providing you the services on our Sites, such as keeping you signed in, improving security, and preventing and detecting fraud.
• Preference. To allow us to remember your preferences and identify you when you return to our Sites.
• Analytics. To allow us to understand how our Sites are being used, track site performance and content views, and make improvements to the content, products or services.
• Social Media. To enable the sharing of content from our Sites through social networking and other sites.

You can modify your browser settings to decline or accept Cookies. However, in a few cases, some of our Sites and some of our Sites’ features may not function correctly or as designed. For information on how to disable cookies, refer to your browser’s documentation.

Our Sites currently use Google Analytics. Please read “How Google uses data when you use our partners’ sites or apps,” which you can find at www.google.com/policies/privacy/partners, for information about how Google Analytics collects and processes data. If you wish to opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

We do not support Do Not Track functionality. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

8. Children’s Privacy

You must be at least 18 years old or older to register use our Sites, including our Resident Services and Investor Account features.  The Sites are intended for a general audience and we do not knowingly collect personal information from children under age 18 through the Sites.

If you are a parent or guardian and you are aware that a child under age 13 has provided us with personal information through our Sites without parental consent, please contact us using the information in the Contact Us section. If we become aware that we have collected personal information through our Sites from children under age 13 without verification of parental consent, we will take steps to remove that information from our servers.

9. Links to Other Websites

The Sites may contain links to other websites, mobile applications, or Internet locations (collectively, “Third-Party Sites”), as a convenience to the user. For example, we may use Third-Party to facilitate emails or video hosting. Our Sites may also permit you to interact with a Third-Party Site while on our Sites, such as watching embedded videos or interacting with an embedded map. You may also be directed to other services that are operated and controlled by third parties. We are not responsible for the data collection and privacy practices employed by any of these third parties. For example, if you “click” on a link, the “click” may take you off the Site onto a different, third-party site. These other sites may independently collect data about you and may or may not have their own published privacy policies.  Our Privacy Policy does not apply to any Third-Party Sites. You should carefully review the applicable privacy policies or privacy statements before using or engaging with any Third-Party Site on any of the Websites.

10. Changes to This Privacy Policy

We may change this Privacy Policy from time to time to reflect new services or changes in our data practices or relevant laws. The “effective date” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes are effective when we post the revised Privacy Policy on the Sites. If we make any material changes to this Privacy Policy, we will take reasonable measures to notify you via email and/or a prominent notice on our Sites prior to the change becoming effective, and will update the effective date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes.

11. Contact Us

If you have any questions about this Privacy Policy or wish to exercise one of your privacy rights, please contact us by emailing [email protected] or sending a letter to:

Avanath Capital
1920 Main Street
Suite 150
Irvine, California 92614
1-844-920-1193