Privacy Policy

Effective date: 8/10/21


Avanath Capital Management, LLC and its affiliated entities (“Avanath”) are committed to respecting your privacy and protecting your personal information.  This Privacy Policy explains the types of personal information we may collect from visitors to our websites, including www.avanath.com and all related websites, mobile apps, and web-based services, including for Avanath-owned communities (our “Sites”). This Policy also describes how we use personal information, the purpose for sharing and recipients of personal information, and your available rights and choices associated with that information.

 

This Privacy Policy is provided in a layered format.  You can jump to a specific section by clicking on the section below:

 

  1. Collection of Personal Information
  2. Use of Personal Information
  3. Sharing of Personal Information
  4. Your Rights and Choices
  5. Data Security
  6. International Data Transfers
  7. Cookie Policy
  8. Children’s Privacy
  9. Links to Other Websites
  10. Changes to This Privacy Policy
  11. Contact Us

This Privacy Policy does not apply to third-party websites, products or services, even if they link to our Sites.  We recommend you review the privacy practices of those third parties before connecting accessing third party websites and sharing any personal information.

 

We also encourage you to review our California Privacy Notice and Employee Privacy Notice to understand how your personal information will be treated as you make full use of our Sites.


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 Services Accounts. When you register or login to your Investor Services 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.


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.
      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.
  • d. Third-party platform advertising. We may share your information with third-party platform providers who assist us in serving advertising regarding the Sites and Services to others who may be interested.  We also partner with third parties (such as Facebook and Google) who use Cookies to serve interest-based advertising and content on their respective third-party platforms that may be based on your preferences, location and/or interests.
  • e. 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.
  • f. 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. If 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 Notice for California Residents 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 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.


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.


6. International Data Transfers

Our Sites are operated exclusively in the United States and intended for users located in the United States.  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.


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.
  • Advertising. To deliver targeted advertising based on your preferences, location, and/or interests across different services and devices and measuring effectiveness of ads.
  • 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’ features may not function as designed.

 

If you wish to opt out of our sharing of the data that is gathered when you visit our Site for purposes of targeted digital advertising, we encourage you to visit the Network Advertising Initiative or the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising for more information about opting out of seeing targeted digital advertisements.  Similarly, you can learn about your options to opt out of mobile app tracking by certain advertising networks through your device settings.  You may also visit these websites for more information on how you can opt back in to the sharing of data.  Please note that Avanath does not maintain this web tracking data in an identifiable manner.

 

Opting out of advertising networks does not necessarily mean that you will not receive advertisements while using our Sites or on other websites.

 

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 without parental consent, please contact us using the information in the Contact Us section.  If we become aware that we have collected personal information 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

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 Platform 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.


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 Platform 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 ccpainfo@avanath.com or sending a letter to:

 

Avanath Capital
1920 Main Street
Suite 150
Irvine, California 92614

California Privacy Notice

Effective date: 8/10/21


This California Privacy Notice applies to any California residents about whom we have collected personal information from any source, including through your use of our websites, including www.avanath.com and all related websites, mobile apps, and web-based services, including for Avanath-owned communities (our “Sites”), by engaging Avanath to inquire about or obtain the various services that we offer (our “Services”), or by communicating with us electronically, by telephone, in paper correspondence, or in person. We provide this California Privacy Notice to comply with applicable privacy laws, including the California Consumer Privacy Act of 2018 (“CCPA”). Any capitalized term used and not otherwise defined below has the meaning assigned to it in our Privacy Policy.

 

The CCPA provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of personal information, as well as rights to access, delete, and restrict the sale of certain personal information we collect about them. California residents also have the right not to receive discriminatory treatment by us for the exercise of your privacy rights under the CCPA. If you are a California resident, you may submit a request to exercise these rights by completing our online webform or by emailing us using the information provided in the Your Privacy Rights section below. For more information about Avanath’s general privacy practices, please view our online Privacy Policy and Employee Privacy Notice.

 

If you are a visually-impaired customer, a customer who has another disability or a customer who seek support in other language, you may access this California Privacy Notice by emailing us at ccpainfo@avanath.com.


1. Personal Information We Collect

For the purposes of this California Privacy Notice, except where a different definition is noted, “personal information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer/resident or household. Personal information does not include publicly available information, information that has been de-identified or aggregated, or other information covered by certain sector-specific privacy laws. Avanath may collect, or has collected, the following categories of personal information about you over the last twelve (12) months:

 

  • Identifiers, which includes your first and last name; email address; phone number; residential address; billing address; apartment community; Social Security number and/or other government-issued identification card number; account username and password; online identifiers as detailed below including IP address or device IDs; and/or other similar identifiers.
  • Payment and financial information, including your credit or debit card number and related payment card information; bank account and routing number; and/or other financial information.
  • Commercial information, which includes rent amounts, due dates, and payments histories; desired and actual move-in and move-out dates; account balances and activity; certain information provided by the leasing office, such as your registration code; our Services that you have purchased, obtained, or considered; and/or other purchasing or consumer histories, tendencies, and preferences.
  • Information relating to Internet activity or other electronic network activity, which includes the information disclosed in Section 1(b) of our Privacy Policy.
  • Geolocation data, which includes Global Positioning System (“GPS”) data based on your IP address.
  • Audio, electronic, or visual information, which includes video surveillance data; and recordings of calls to or from our customer service centers.
  • Information not listed above and related to characteristics protected under California or federal law, which may include gender or gender identity; race or ethnicity; religion; pregnancy status; sexual orientation; marital status; military or veteran status; medical or health conditions; national origin; and/or disabilities.


2. What We Do With Your Personal Information

Avanath may collect, use, or disclose personal information about you for the purposes detailed in Section 2 of our Privacy Policy.


3. Sources of Collected Personal Information

We may collect personal information from the following categories of sources:

 

  • From you, including via our Sites, in person, telephone, postal mail, and/or social media
  • From our affiliates, including Avanath Realty, Inc. and Avanath Communities, Inc.
  • Through our service providers, such as non-affiliated companies who help us provider Services to you
  • From our business partners and others, including those that may promote and/or offer products and services that may be of interest to you

 

We may supplement the information described above with information we obtain from other sources, including from both online and offline data providers.


4. Who We Share Personal Information With

We limit our disclosure of the categories of personal information above to our service providers for one or more business purposes.

 

We do not sell your personal information to third parties, including personal information of minors under 16 years of age.


5. Your Privacy Rights

If you are a California resident, you have the following rights under applicable California law in relation to your personal information, subject to certain exceptions:

 

  • Right to Know. You have the right to, up to twice in a 12-month period, request what personal information we collect, use, disclose, and/or sell, as applicable.
  • Right to Delete. You have the right to request under certain circumstances the deletion of your personal information that is collected by us.
  • Right to Opt-Out of Sale. You have the right to opt-out of the sale of your personal information by a business.  However, we do not sell personal information.
  • Right to Non-Discrimination. You have the right not to receive discriminatory treatment for the exercise of the privacy rights described above.

 

How to submit a request.  You may exercise any of the rights described in this section by emailing us at ccpainfo@avanath.com.

 

Any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”) as permitted by the CCPA.  We will not fulfill your request unless you have provided sufficient information that enables us to reasonably verify that you are the consumer about whom we collected the personal information on.  In order to verify you, you must provide us with your first and last name and email address.  These rights are also subject to various exclusions and exceptions under applicable laws.

 

You may also designate an authorized agent, in writing or through a power of attorney, to request to exercise the above rights on your behalf.  The authorized agent may submit a request to exercise these rights by emailing the letter of authorization or power of attorney to ccpainfo@avanath.com.

 

We currently do not collect household data. If we receive a Right to Know or Right to Delete request submitted by all members of a household, we will individually respond to each request. We will not be able to comply with any request by a member of a household under the age of 13, as we do not collect personal information from any person under the age of 13.

 

We will respond to your request within forty-five (45) days after receipt of a Verifiable Consumer Request for a period covering twelve (12) months and for no more than twice in a twelve-month period.  Avanath reserves the right to extend the response time by an additional forty-five (45) days when reasonably necessary and provided consumer notification of the extension is made within the first forty-five (45) days.

 

Direct marketing by third parties.  Avanath does not disclose this type of personal information to third parties for their own direct marketing purposes.  However, California residents additionally have the right to request information regarding such practices under California’s “Shine the Light” law.  If you are a California resident and would like to inquire further, please email ccpainfo@avanath.com.

 

We will continue to update our business practices as direct regulatory guidance becomes available.  For more information on interest-based advertising, please visit our Privacy Policy and Cookie Policy.


6. How to Contact Us

If you have any questions about this California Privacy Notice or wish to exercise one of the privacy rights detailed above, please submit a rights request or otherwise contact us by emailing ccpainfo@avanath.com or sending a letter to:

 

Avanath Capital
1920 Main Street
Suite 150
Irvine, California 92614