TERMS AND CONDITIONS

 
RICHDALE APARTMENTS
These terms and conditions (“Terms and Conditions”) are designed to provide you with information on Richdale Online Payment and Online Application Service (“Service”) and outline important conditions which apply to your using this Service. This Service is provided by Richdale Management, Inc. (“Richdale”).  The Service is subject to certain consumer bank regulatory protections. When you initiate an online payment with Richdale or any third party vendor acting on our behalf, you and any person you authorize to perform functions on your account agree to these Terms and Conditions.  Please read these Terms and Conditions carefully in their entirety.  We also suggest that you print a copy of these Terms and Conditions and keep a copy in a safe place.  BY USING THE SERVICE, YOU ACCEPT ALL OF THE FOLLOWING TERMS AND CONDITIONS WITHOUT EXCEPTION:
1.  Definitions. “You”, “Your” or “I” refers to the tenant using the Online Bill Payment Service or the prospective tenant using the Online Application Service. “We”, “Us”, “Our” or “Richdale” refers to Richdale Management, Inc. “ACH” refers to an Automated Clearing House transaction. “Bank Account” refers to Your personal checking or savings bank account from which an electronic ACH debit transaction or Your personal credit card or debit card from which a transaction will be deducted.
2. Online Application Terms and Conditions. By submitting an electronic application, You hereby apply to rent an apartment in the selected community and warrant that all statements in the application set forth are true, acknowledge that false information may constitute grounds for rejection of this application, termination of right of occupancy and/or of deposits. You hereby apply to lease the described premises for the term and upon the conditions set forth herein.
You hereby give permission to Richdale and its affiliates to communicate with Your current and former landlord or property manager, current and former employer(s) and/or supervisor(s) for the purpose of verifying the information listed on Your application and any and all facts and circumstances of Your current/former tenancy or employment. You understand there are no limitations or restrictions regarding what may be discussed or revealed. You are aware that a credit history, eviction search and criminal background check will be done in conjunction with Your application. You understand that You may have the right to make a written request within a reasonable period of time to receive additional information about the nature/scope of this investigation.
You also agree that a non-refundable application fee (“AppFee”) shall be paid with this application, and that Your application is an offer to rent and does not imply acceptance of Your application by Richdale. You may also be required to pay an Administrative Fee (“AdminFee”) at time of application, and upon application approval, a Security Deposit (“Deposit”). The AdminFee is separate and distinct from any Deposit. The AdminFee is Non-Refundable, except in the instance when Richdale denies Your application. Nothing contained in this paragraph is intended to construe/make the AdminFee or AppFee a security deposit under any applicable law as such costs are due Richdale for reserving the specific apartment, and deferring administrative costs for processing Your application. 
You acknowledge that You are required to buy and maintain renter's insurance effective on Your move-in date, must provide evidence of such renter's insurance prior to approval of Your application for residency, and must meet policy requirements listed at http://www.richdale.com/insurance-requirements.
You agree to never harbor, shelter or house an animal or pet, temporarily or permanently, in the premises without Richdale’s prior written consent. In the event an animal or pet is brought to the premises without Richdale’s prior written consent, You agree to pay an initial charge of $100.00 per animal/pet and a daily charge of $10.00 per animal/pet from the date the animal/pet was brought into Your apartment until it is permanently removed. In addition to the foregoing, Richdale maintains all of its rights and remedies available at law and in equity. 
Floor plans are subject to field modifications and availability. Actual units may vary from display units or printed floor plans and are leased "as is". Each individual community has parking restrictions. Pricing is not guaranteed until approval of application and acceptance by Applicant with a deposit.
You further understand that if You or your co-applicants withdraw this application or do not sign the lease as provided, after application processing has begun, the Application Fee and Administration Fee is due Richdale as liquidated damages.
By accessing and using this site, You agree to the terms and conditions of these Terms and Conditions without limitation or qualification.
3. Services Offered. The Service allows You to authorize Richdale and its associated third party vendors to i) initiate a one-time ACH debit transaction from Your checking or savings account to pay Your monthly rent; and  ii) initiate a one-time ACH debit transaction or one-time credit card or debit card transaction for initial application related charges . The Service is only accessible using Your Richdale resident account and password.  A unique identification number will be generated that will be used by Richdale’s third party vendors to initiate the credit card, debit card, or ACH debit from Your account.  You agree not to provide Your personal information to anyone not authorized to sign on to Your account and make payments on Your behalf. You acknowledge and agree that Your monthly rental payments can only be made via a tenant initiated ACH debit transaction. You cannot make your monthly rental payments via a credit card or debit card transaction. The ACH debit transaction is not a recurring transaction and must be initiated by You each month.
4. Authorized Users. You may authorize one or more third parties to access the Service to authorize payment from your checking, savings, credit or debit card accounts to Richdale. By selecting to utilize the Service, You hereby consent to granting access to Occupants, of any and all ages, to Your ledger account, financial transactions, and related information.
5. Erroneous Instructions. We will use all reasonable efforts to process Your payments properly. However, if We receive a payment instruction authorized by You (or by an authorized user) and the instruction is erroneous in any way, We shall have no obligation or liability for the error.
6. Transaction Limitations. Please be aware that certain types of bank accounts have limits on the numbers of transfers or withdrawals that may be made per month.  For instance, only six transfers and/or withdrawals per month may be made from a savings or money market deposit account by preauthorized or automatic transfer.  Your bank or other financial institution may refuse transfers which would exceed such limits, so We recommend that You check with Your bank or other financial institution to determine what limitations are imposed on withdrawals from any account.  Also, the Service is only available to payers using U.S. bank accounts and will not be able to process requests to international bank accounts.  If We are not able to debit the amount required to cover an authorized payment from Your account, We will not be able to make the payment You have authorized, and We will not be held liable for any costs, damages, etc., caused by the failure to make the payment. We have no obligation to try to debit an account for a specific payment more than once.
7. Business Days. Our business days and hours are Monday through Friday, 9:00 a.m. to 5:00 p.m. CST, excluding national holidays (“Business Day”).
8. Cutoff Hours. If We receive payment authorizations from You on or before 3:00 p.m. Central Standard Time on a Business Day, We will attempt to debit the funds from Your account(s) on that Business Day. Otherwise, the funds will be debited from Your account(s) on the next Business Day.  Payments will be credited to Your account balance on the day received. Once the authorization is given, We cannot stop the debit from Your account.
9. Fees.  You hereby authorize Richdale to initiate an ACH debit transaction from Your Bank Account in an amount equal to the monthly rent and related charges per the terms of Your apartment lease or initial application related charges.  You hereby authorize Richdale to initiate a credit card or debit card transaction for initial application related charges. You acknowledge that the origination of an ACH debit transaction or a credit card and debit card transaction from Your Bank Account must comply with the provisions of U.S. law.  This authorization will remain in full force and effect until the date upon which We have received notification from You of Your election to terminate this authorization in such time and in such manner as to afford Richdale and Your financial institution a reasonable opportunity to act on it.
You agree to maintain balances sufficient to pay all requested payments, and agree that Richdale shall not be liable for any overdraft or insufficient fund situation or charge (including, but not limited to, finance charges, late fees or similar charges) caused by Your failure to maintain funds sufficient to pay all payments issued through the Service. You further agree that Richdale may charge a service fee, pursuant to the terms of Your apartment lease, for any charge, ACH debit or credit card and debit card transactions that results in a returned entry, including, but not limited to, returns resulting from insufficient funds in Your Bank Account, closure of Your Bank Account or incorrect Bank Account or routing information provided by You. You agree that We will not be responsible for any expense that You may incur from exceeding Your credit limit or overdraft of Your Bank Account as a result of a payment made pursuant to this Service.
10. Electronic Disclosures. We are required to provide You with certain disclosures and notices which are mandated by various laws and rules.  You agree to receive all such disclosures electronically, which in most cases will be done at Our web site or the web sites of Our vendors.
11. Confidentiality. We will never sell any personally identifiable Bank Account information to a third party for marketing purposes without Your consent.  We will only disclose Bank Account information to unaffiliated third parties about Your Bank Account or the transfers or payments You make: (a) where it is necessary for completing transfers or payments; (b) if lawfully required; or (c) if You request or authorize it.
12. Your Liability. You agree to regularly and promptly review and verify all transactions either on Our Internet page or through the monthly statements received from Your bank holding the account(s) used in the transaction. You are required to tell Us AT ONCE if You believe that the codes provided to access the Service have been stolen or used by an unauthorized person.  Telephoning Richdale is Your best way of keeping Your possible losses to a minimum. Please call Richdale’s Corporate Office at (402) 391-7900 and ask to speak to the Online Accounts Receivable Manager. Richdale can also be contacted at the address provide in Section 18 (NOTICES).  If You tell us within two (2) Business Days, You can lose no more than $50.00 if someone accesses the Service without Your authorization.  If You do not tell us within two (2) Business Days after You learn of such unauthorized use, and We can prove that We could have prevented the unauthorized use if You had told us, You could lose as much as $500.00.  If Your bank statement shows transactions by Us that You did not authorize, tell Us at once.  If You do not tell Us within 60 days after the statement was mailed to You, You may not get back any money You lost after the 60 days, if We can prove that We could have stopped someone from taking the money if You had told us in time.
13. Our Liability. You acknowledge payment may display on your resident ledger, prior to funds being withdrawn from Your Bank Account. If We do not complete a payment which You have authorized in a timely manner, in accordance with the Terms and Conditions herein, We will be liable for Your losses or damages proximately caused by Our failure to complete a payment.  However, We will NOT be liable when: a) Through no fault of Ours, Your account does not contain sufficient available funds for Us to debit the account in the amount of the payment due; b) The funds in Your account are subject to an uncollected funds hold, legal process or any other encumbrance or claim restricting transfers at the time and We attempt to debit Your account for an authorized payment(s); c) The information You or Your payees have supplied to Us is incorrect, incomplete or not timely; d) Such payment would exceed an established credit limit; or e) There may be other exceptions as well.
14. In Case of Errors or Questions About Transfers From Your Account. ALL QUESTIONS ABOUT TRANSACTIONS UNDERTAKING USING THE SERVICE MUST BE MADE DIRECTLY TO RICHDALE’S CORPORATE OFFICE AT THE ADDRESS PROVIDED IN SECTION 18 (NOTICES) AND NOT TO THE PROPERTY OFFICE, BANK OR OTHER FINANCIAL INSTITUTION WHERE THE ACCOUNT MAY BE LOCATED.  We are responsible for the Service and for resolving any errors in transactions made using the Service. SAVE THE RECEIPT THAT IS GENERATED WHEN YOU USE THE SERVICE AND CHECK IT AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION.  If You have any questions about a transaction initiated using Our Service, call or write Us at the number and address listed above.
If You think Your statement or receipt is wrong or if You need more information about a transfer listed on the statement or receipt, please contact Us as soon as possible at the number above, but no later than 60 days after the FIRST bank statement on which the problem or error appears.  When contacting Us, You must: (a) tell Us Your name and account number (if any); (b) describe the error or the transfer You are unsure about, and explain as clearly as You can why You believe it is an error or why You need more information; and (c) tell Us the dollar amount of the suspected error.
If You initially provide information to Us orally via the telephone, We may require that You send Your complaint or question to Us in writing within 10 business days to fully preserve Your rights.  Please submit Your complaint or question in writing to to the address provide in Section 18 (NOTICES). 
We will advise You of the results of Our investigation within 10 business days after We hear from You and if We have made an error, We will correct it promptly.  If We need more time, however, We may take up to 45 days to investigate Your complaint or question.
15. Change In Terms. It is possible that Our Terms and Conditions may change over time and said changes will be posted on the online bill payment web site. Prior notice may not be given, however, where an immediate change is necessary for security purposes.  You may not delete or alter any part of this Agreement unless done in writing by separate Rider hereto and signed by the Online Accounts Receivable Manager.  Any strikeouts, white-outs, deletions, additions, or alterations to the pre-printed Terms and Conditions of this Agreement shall not be recognized as valid.
16. LIMITATIONS. YOU AGREE THAT NEITHER WE, NOR LANDLORD OR PROPERTY OWNER NOR ANY THIRD PARTY INVOLVED IN CREATING OR DELIVERING THIS SERVICE IS LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF THIS SERVICE.  WE ASSUME NO RESPONSIBILITY FOR AND WILL NOT BE LIABLE FOR ANY DAMAGES TO OR ANY VIRUSES WHICH MAY AFFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF OR DOWNLOADING FROM OUR WEB SITE.
17. No Waiver; Severability. If We fail to enforce any of Our rights under this Terms and Conditions, routine business practices or applicable laws, it shall not be deemed to constitute a waiver of such right. If any provision of these documents is found by a court to be invalid, then the remaining terms and conditions shall remain in full force and effect.
18. Authorization Agreement for Payment via Electronic ACH Debit, Credit or Debit Card Terms and Conditions.  You affirm and certify to, and indemnify, Richdale that You are an authorized signatory on the Bank Account.
 
2.     You i) authorize Richdale to initiate a one-time payment via an ACH debit transaction from Your Bank Account for the applicable monthly rental payment and to credit the ACH debit transaction to Your monthly rental account balance for Your respective Richdale apartment community; and ii) authorize Richdale to initiate a one-time payment via an ACH debit transaction or a one-time credit card or debit card transaction for initial application related charges.  Transaction dates that fall on a weekend or banking holiday will be processed the next Business Day. 
 
You You acknowledge and agree that credit card and debit card transactions are only available for initial application fees. You acknowledge and agree that Your monthly rental payments can only be made via an ACH debit transaction from Your checking or savings account and in no event can You make your monthly rental payments via a credit card or debit card transaction.     
 
Wh  When You provide a check as payment, You authorize Us either to use information from Your check to make a one-time electronic ACH debit transaction from Your Bank Account or to process the payment as a check transaction.  When We use information from Your check to make an electronic ACH debit transaction, funds may be withdrawn from Your Bank Account as soon as the same day You make Your payment, and You may not receive Your check back from Your financial institution. When You provide credit card or debit card information for payment, You authorize Us to use information from Your credit card or debit card to make a one-time charge from Your Bank Account. When We use information from Your credit card or debit card to make a payment, funds may be withdrawn from Your Bank Account as soon as the same day You make Your payment. Richdale shall provide a receipt for your payment upon request
 
5.     APPLICABLE BANK ACCOUNT PAYMENT: Applicable Bank Account Payments consist of any and all monthly rental amounts, including but not limited to charges for parking, utilities, amenities, cable/satellite, insurance, fines, late fees, damage fees and maintenance charges.
 
6.     CANCELLATION: You may not cancel this authorization once the ACH debit transaction or a credit card and debit card transaction request has been submitted.
 
7.     NOTICES: Any Notices required under this Agreement must be in writing and may be sent via: US Mail, private courier, personal delivery or facsimile. Notices to You shall be to the then current address of record (“Address”) for the apartment community unit (“Unit”) as contained in Richdale’s records, as updated from time to time. (Note: address of record for Unit in Richdale’s records may not be the same as the address shown in this Agreement). Notices to Richdale shall be directed as follows:
 
Richdale Apartments
Attn: Online Accounts Receivable Manager
10040 Regency Circle, Suite 200
Omaha, NE 68114
Phone: (402) 391-7900
Facsimile: (402) 390-5295
 
8.     Richdale does not have the option to update or change the amount of the Applicable Bank Account Payment upon Your submission of the ACH debit transaction or a credit card and debit card transaction. In the event of an error, You must contact Richdale at the address and phone number noted above.
 
9.     REPRESENTMENT OPTIONS: Insufficient funds “NSF”/uncollected ACH debits will not be represented. You are responsible to deliver to Richdale replacement funds for NSF/uncollected/invalid/closed account ACH transactions.
 
10.  INDEMNIFICATION: YOU SHALL INDEMNIFY AND HOLD RICHDALE, ITS AFFILIATES, INCLUDING THE LANDLORD AND PROPERTY OWNER, AND THEIR AFFILIATES, OFFICERS, GENERAL AND LIMITED PARTNERS, DIRECTORS, AND EMPLOYEES (HEREINAFTER “COVERED PARTIES”) HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, LOSSES AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS, INCURRED BY RICHDALE OR COVERED PARTIES, ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT, EXCEPT THOSE ARISING BY REASON OF THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF RICHDALE OR COVERED PARTIES. THIS INDEMNIFICATION SHALL SURVIVE THE TERMINATION OF THE AGREEMENT. IN NO EVENT SHALL RICHDALE OR COVERED PARTIES BE LIABLE FOR ANY LOSS OF PROFITS; OR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IF PERFORMANCE BY RICHDALE OR COVERED PARTIES OF ANY SERVICE OR OBLIGATION UNDER THIS AGREEMENT IS PREVENTED, RESTRICTED, DELAYED OR INTERFERED WITH BY REASON OF, INCLUDING BUT NOT LIMITED TO, LABOR DISPUTES, STRIKES, ACTS OF GOD, FIRE, FLOODS, LIGHTNING, EARTHQUAKES, SEVERE WEATHER, UTILITY OR COMMUNICATIONS FAILURES, FAILURES OF THE ORIGINATING DEPOSITORY FINANCIAL INSTITUTION, THE ACH NETWORK, CREDIT CARD OR DEBIT CARD NETWORK, COMPUTER ASSOCIATED OUTAGES OR DELAYS IN RECEIVING ELECTRONIC DATA, WAR, CIVIL COMMOTION, OR ANY LAW, ORDER OR REGULATION, ETC. HAVING LEGAL EFFECT, THEN RICHDALE AND COVERED PARTIES SHALL BE EXCUSED FROM THEIR PERFORMANCE HEREUNDER TO THE EXTENT OF THE PREVENTION, RESTRICTION, DELAY OR INTERFERENCE.

RENTCafé PRIVACY POLICY

UNITED STATES RENTCafé PRIVACY POLICY

This privacy policy (the “Privacy Policy”) of Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi,” “we,” “us” or “our”) describes our privacy practices regarding information we collect from persons or entities in the United States (“you” or “your”) who access our RENTCafé websites or our related downloadable mobile applications that we may make available from time to time (collectively, the “Site”).

PURPOSE. The purpose of this Privacy Policy is to inform you about the types of information we gather about you, including information gathered when you visit the Site, and information we may receive from third parties or affiliates in addition to that online information, how we may use that information, whether we disclose that information to anyone, and the choices you have regarding our use of, and your ability to correct, the information. Yardi strives to help visitors of the Site protect their privacy while using our Site.

We collect information on behalf of property owners and managers who list or advertise properties on the Site and/or use services offered through the Site to communicate or transact with potential or actual renters (the “Property Managers”) and for our own use in connection with our operation of the Site. All information pertaining to the specific properties is passed along to that property’s Property Manager. This Privacy Policy governs our use of such information, but does not govern the use, storage and/or further collection of information that may occur at the property level, which use, storage and further collection will be governed by each property’s privacy policy. If made available to us, we will attempt to provide information indicating the location of the property’s privacy policy. If a privacy policy is not available for a property, we will provide appropriate contact information for the property and/or you should seek such information from the Property Manager.

THE SITE IS NOT INTENDED FOR CHILDREN AND YARDI DOES NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION ON THE SITE FROM CHILDREN UNDER THE AGE OF 13. IF YARDI LEARNS THAT A CHILD UNDER THE AGE OF 13 HAS SUBMITTED PERSONALLY IDENTIFIABLE INFORMATION TO YARDI THROUGH THE SITE, IT WILL TAKE REASONABLE MEASURES TO DELETE SUCH INFORMATION FROM ITS RECORDS AND TO NOT USE SUCH INFORMATION FOR ANY PURPOSE (EXCEPT WHERE NECESSARY TO PROTECT THE SAFETY OF THE CHILD OR OTHERS, AS REQUIRED BY LAW, OR AS MAY OTHERWISE BE REQUIRED BY LAW).

YOUR CONSENT AND POLICY CHANGES. PLEASE READ THIS ENTIRE PRIVACY POLICY CAREFULLY. BY USING THE SITE, YOU EXPRESSLY CONSENT, WITHOUT QUALIFICATION, TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION, INCLUDING PERSONAL INFORMATION, AS DESCRIBED IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU ARE NOT AUTHORIZED TO USE THE SITE.

Yardi may amend this Privacy Policy from time to time. Should the Privacy Policy be modified in any way, the new Privacy Policy will be posted to this webpage. As we may make changes from time to time without notifying you, we suggest that you periodically review the Privacy Policy. By using the Site after the effective date of any modification to the Privacy Policy, you expressly consent, without qualification, to the collection, use and disclosure of information, including Personally Identifiable Information (that you previously provided or later provide), as described in the new Privacy Policy.

TYPES OF Information COLLECTED. We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), user Internet Protocol (IP) addresses, browser types, domain names, internet service providers, referring/exit pages, date/time stamp, operating system, clickstream data, information about you such as how you use of the Site and your communication preferences, and other anonymous statistical data involving the use of our Site (“Non-Personally Identifiable Information”).

Personally Identifiable Information we collect may include your name, email addresses, postal addresses, ZIP codes, social security number, driver’s license number, prior addresses, monthly rent paid at prior residences, employers, job titles, income, telephone numbers, credit card information, bank account information and routing numbers, date of birth, gender, age, marital status, user name and password (if you choose to become a registered user of the Site or our products and services), emergency contact information, information about your pets, information about your vehicles including license plate numbers, and other information either desirable or necessary to provide quality services to our customers and visitors. We may also collect information about you such as your use of the Site and communication preferences.

You may choose not to provide your Personally Identifiable Information by not entering it on the Site; however you will not be able to use certain services and features if those services and features require Personally Identifiable Information in order to function.

USE OF COOKIES AND OTHER TECHNOLOGIES. Like many other website operators, Yardi may use cookies to customize content specific to your interests and track your use of the Site. “Cookies” are text files that are placed on your computer and may be used to store your personal information. In addition to cookies, Yardi may use other now known or later developed technologies, to assist Yardi in observing the behavior of users visiting the Site. These technologies access individual user information but the information is used only to compile aggregated statistics about the Site’s usage.

This Site uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist Yardi in understanding how the Site is used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Site, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Site, compiling reports on Site activity for Yardi’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Site. The use of cookies by Google Analytics is covered by Google’s privacy policy (http://www.google.com/policies/privacy/).

How We Collect and Use Information. We may collect information in several ways by your use of this Site, as well as from forms you submit to us, personal correspondence, such as emails or letters that you send to us, information you include in an application you complete on the Site, information you provide when scheduling a property visit through the Site, or any other activity through which you identify yourself to us. When you visit the Site, our servers may log your IP address, the URL of your request and other information that is provided in the HTTP header. We may also ask you to voluntarily provide us with personal information on this Site: for example, while many of the features of the Site are available without registering, you may be asked to create an account on the Site if you desire to access certain features. Further, in some instances, we may ask you to provide personal information in order to perform screening services for property managers or owners. Although you may decline to voluntarily provide Personally Identifiable Information when asked, some features, products and services will be unavailable to you as a result.

In addition, Property Managers and/or our third-party service providers may ask you voluntarily to provide personal information through our Site or on their websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider's privacy policies and not this Privacy Policy.

If you choose to use the Refer a Friend email link to tell a friend about our site or a property listed on our site, we will ask for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Yardi stores this information for the purposes of sending this one-time email and tracking the success of our referral program only.

To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or collected online by third parties.

Yardi may use the information collected from you to provide services which you have requested from us: including, without limitation, sending your contact information to properties that you are interested in; sending your rental application to properties that you have selected; and enabling you to use the Resident Portal. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Yardi may use third-party service providers to send and distribute email and to perform other marketing and support functions. We may use information we collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, to analyze trends, administer the Site, gather demographic information the Site’s users, track user movements and to customize the content and layout of this Site for each individual user.

Email Management. You may receive emails from Yardi and or RENTCafé for a variety of reasons - for example, if you took an action through the Services, you signed up for a regular report, you signed up for a saved search alert, or you added a property to your favorites list. We respect your desire to manage email correspondence. If you have an account with RENTCafé, you can select your preferences through your account settings. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

Sharing of Information COLLECTED. Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Site. We may share your personal information with the Property Managers that list apartments on the Site. We also may share your personal information with our third-party service providers (including payment processors and screening companies) or with other select third parties who offer goods or services we think may be of interest to you. From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our co-sponsor. We also may provide your personal information to service providers or contractors to perform functions on our behalf, such as, but not limited to, companies or individuals hired to: communicate news, deliver Yardi’s promotional materials via e-mail and direct mail, to develop, enhance, market or provide any of Yardi’s products, to process credit card payments and to assist Yardi with sending communications and performing other marketing and support functions. These third parties may use technologies to measure the effectiveness of ads and emails and use information about your visits to our Site so that we may provide you with a better experience on our Site. Yardi also may use third-party social media platforms, including third-party social media websites, to communicate with you.

We also may share with third parties, including, without limitation, our corporate partners, aggregated demographic and statistical information that is not personally identifiable (including, for example, the number of users who searched for certain types of housing, the daily number of unique visitors to the Site, how many users clicked on a particular advertisement and how many users were using a certain internet service provider).

Yardi also may disclose an individual’s personal information:

  • to a person who in the reasonable judgment of Yardi is seeking the information as an agent of the individual;
  • in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
  • to a third party or parties, where disclosure is required or permitted by law, a judicial proceeding, a criminal investigation, a court order, or legal process; if, in the reasonable judgment of Yardi, it is necessary to enforce compliance with our internal policies or the Terms of Use, to prevent illegal activity or suspected fraud, or to protect our Site, customers, or others; and
  • to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Yardi’s assets.

Yardi may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.

Through the Site, Yardi may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.

How We Store Your Information. Yardi is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. In spite of these protections, Yardi cannot guarantee the security of any data submitted over the Internet. After your information reaches Yardi, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. We may store and process your personal information in the United States or Canada or any other country in which we or our agents maintain facilities. By using the Site, you consent to the transfer of your information among these facilities, including those located outside your home country.

Third-Party Websites. This Privacy Policy applies solely to information collected by Yardi. This Privacy Policy does not apply to other websites that are accessible through this Site, including but not limited to any third-party websites that process payments or perform screenings on behalf of Yardi, any property website, and ForRent.com. Please be aware that third-party websites that process payments or perform screenings for Yardi and websites for our advertisers, sponsors, affiliated entities and other third parties that are accessible through this Site may have their own privacy and data collection policies and practices. Yardi is not responsible for the privacy practices of such sites and will not be responsible for any actions or policies of such third parties. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website that you visit.

RETENTION AND DESTRUCTION OF PERSONAL INFORMATION. In order to provide you with the products and services you request, answer questions you may have about the products and services provided, and for our own accountability to external regulatory bodies, we retain your information for a period deemed reasonable under the circumstances. Information stored in client and contact directories are more difficult to systematically destroy, so we remove such information from time to time when it appears we will no longer have a need to contact you, however we will promptly remove such information upon your written request. Paper files containing personal information are destroyed by shredding, and we destroy electronic information by deleting it. When we discard hardware that was used to store data, we ensure that the data is completely and permanently erased or that the hardware is physically destroyed.

ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION. You can see, review and change most of your personal information by logging into your account on RENTCafé and editing your Account Profile or by contacting us at the addresses below. If your personal information changes or is inaccurate, you must change it promptly. If we disagree that certain information is incorrect, we will include a brief statement from you on the discrepancy and, if you want us to, we will forward your brief statement on your behalf to anyone who received the information from us.

In some instances, where requested by you and a Property Manager, we will use your personal information to conduct a screening process and/or produce a screening report or provide your information to a screening company in order to obtain a screening report for the Property Manager. The screening report may include credit information. Under the Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), you may have the right to access, view and correct credit information relating to you held by a credit bureau by contacting the credit bureau.

There may be circumstances where your personal information is not accessible, reviewable or able to be modified by you through your RENTCafé account. With some exceptions, you have the right to see what personal information we hold about you. Often all you have to do is ask. We can help you identify what records we might have about you and we will also try to help you understand any information you do not understand (such as abbreviated data or technical language). We may need to confirm your identity before providing you with this access, and we reserve the right to charge a nominal fee for such requests. In some cases, we may require that your request to us for access be made in writing. If we cannot give you access, we will tell you within 30 days or as soon as reasonably practicable and provide you with a reason, as best we can, as to why we cannot give you access.

If we collected personal information on behalf of a third party we may have conveyed that information directly to the third party. If so, it may not exist as part of our own records and you will have to go to the third party to see the information.

Contact Us. If you have questions regarding our Privacy Policy or the use of information collected, you can contact us by email at: privacy@rentcafe.com

Copyright © 2013 Yardi Systems, Inc.


CANADIAN RENTCafé PRIVACY POLICY

This privacy policy (the “Privacy Policy”) of Yardi Systems, Inc. (collectively, with its subsidiaries and affiliates, “Yardi,” “we,” “us” or “our”) describes our privacy practices regarding information we collect from persons or entities in Canada (“you” or “your”) who access our RENTCafé websites or our related downloadable mobile applications that we may make available from time to time (collectively, the “Site”).

PURPOSE. The purpose of this Privacy Policy is to inform you about the types of information we gather about you, including information gathered when you visit the Site, and information we may receive from third parties or affiliates in addition to that online information, how we may use that information, whether we disclose that information to anyone, and the choices you have regarding our use of, and your ability to correct, the information. Yardi strives to help visitors of the Site protect their privacy while using our Site.

We collect information on behalf of property owners and managers who list or advertise properties on the Site and/or use services offered through the Site to communicate or transact with potential or actual renters (the “Property Managers”) and for our own use in connection with our operation of the Site. All information pertaining to the specific properties is passed along to that property’s Property Manager. This Privacy Policy governs our use of such information, but does not govern the use, storage and/or further collection of information that may occur at the property level, which use, storage and further collection will be governed by each property’s privacy policy. If made available to us, we will attempt to provide information indicating the location of the property’s privacy policy. If a privacy policy is not available for a property, we will provide appropriate contact information for the property and/or you should seek such information from the Property Manager.

THE SITE IS NOT INTENDED FOR CHILDREN AND YARDI DOES NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION ON THE SITE FROM CHILDREN UNDER THE AGE OF 13. IF YARDI LEARNS THAT A CHILD UNDER THE AGE OF 13 HAS SUBMITTED PERSONALLY IDENTIFIABLE INFORMATION TO YARDI THROUGH THE SITE, IT WILL TAKE REASONABLE MEASURES TO DELETE SUCH INFORMATION FROM ITS RECORDS AND TO NOT USE SUCH INFORMATION FOR ANY PURPOSE (EXCEPT WHERE NECESSARY TO PROTECT THE SAFETY OF THE CHILD OR OTHERS, AS REQUIRED BY LAW, OR AS MAY OTHERWISE BE REQUIRED BY LAW).

YOUR CONSENT AND POLICY CHANGES. Please read this entire Privacy Policy carefully. By using the Site, you expressly consent, without qualification, to the collection, use and disclosure of information, including personal information, as described in this Privacy Policy. If you do not agree to the terms of this Privacy Policy, you are not authorized to use the Site.

Yardi may amend this Privacy Policy from time to time. Should the Privacy Policy be modified in any way, the new Privacy Policy will be posted to this webpage. As we may make changes from time to time without notifying you, we suggest that you periodically review the Privacy Policy. By using the Site after the effective date of any modification to the Privacy Policy, you expressly consent, without qualification, to the collection, use and disclosure of information, including Personally Identifiable Information (that you previously provided or later provide), as described in the new Privacy Policy.

TYPES OF Information COLLECTED. We collect two types of information: personally identifiable information and non-personally identifiable information. Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). We also may collect information that by itself typically cannot be used to identify or contact you, such as demographic information (e.g. age, profession or gender), user Internet Protocol (IP) addresses, browser types, domain names, internet service providers, referring/exit pages, date/time stamp, operating system, clickstream data, information about you such as how you use of the Site and your communication preferences, and other anonymous statistical data involving the use of our Site (“Non-Personally Identifiable Information”).

Personally Identifiable Information we collect may include, but is not limited to, your name, email addresses, postal addresses, postal codes, social insurance number, driver’s license number, prior addresses, monthly rent paid at prior residences, employers, job titles, income, telephone numbers, credit card information, bank account information and routing numbers, date of birth, gender, age, marital status, user name and password (if you choose to become a registered user of the Site or our products and services), emergency contact information, information about your pets, information about your vehicles including license plate numbers, and other information either desirable or necessary to provide quality services to our customers and visitors. We may also collect information about you such as your use of the Site and communication preferences.

You may choose not to provide your Personally Identifiable Information by not entering it on the Site; however you will not be able to use certain services and features if those services and features require Personally Identifiable Information in order to function.

USE OF COOKIES AND OTHER TECHNOLOGIES. Like many other website operators, Yardi may use cookies to customize content specific to your interests and track your use of the Site. “Cookies” are text files that are placed on your computer and may be used to store your personal information. In addition to cookies, Yardi may use other now known or later developed technologies, to assist Yardi in observing the behavior of users visiting the Site. These technologies access individual user information but the information is used only to compile aggregated statistics about the Site’s usage.

This Site uses Google Analytics (and in the future may use other similar sites or services), a web analytics service provided by Google, Inc. (“Google”), to better assist Yardi in understanding how the Site is used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Site, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating consumer use of the Site, compiling reports on Site activity for Yardi’s use, and providing other services relating to Site activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser. Please note that by doing so, you may not be able to use the full functionality of the Site. The use of cookies by Google Analytics is covered by Google’s privacy policy (http://www.google.ca/policies/privacy/).

How We Collect and Use Information. We may collect information in several ways by your use of this Site, as well as from forms you submit to us, personal correspondence, such as emails or letters that you send to us, information you include in an application you complete on the Site, information you provide when scheduling a property visit through the Site, or any other activity through which you identify yourself to us. When you visit the Site, our servers may log your IP address, the URL of your request and other information that is provided in the HTTP header. We may also ask you to voluntarily provide us with personal information on this Site: for example, while many of the features of the Site are available without registering, you may be asked to create an account on the Site if you desire to access certain features. Further, in some instances, we may ask you to provide personal information in order to perform screening services for property managers or owners. Although you may decline to voluntarily provide Personally Identifiable Information when asked, some features, products and services will be unavailable to you as a result.

In addition, Property Managers and/or our third-party service providers may ask you voluntarily to provide personal information through our Site or on their websites and may share such personal information with us, as governed by their respective privacy policies. Our use of information received from a service provider will be dictated by the service provider's privacy policies and not this Privacy Policy.

If you choose to use the Refer a Friend email link to tell a friend about our site or a property listed on our site, we will ask for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. Yardi stores this information for the purposes of sending this one-time email and tracking the success of our referral program only.

To the extent we are able to do so, we may link your Non-Personally Identifiable Information with your Personally Identifiable Information. We may also link information collected online with information we collect offline or collected online by third parties.

Yardi may use the information collected from you to provide services which you have requested from us: including, without limitation, sending your contact information to properties that you are interested in; sending your rental application to properties that you have selected; and enabling you to use the Resident Portal. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Yardi may use third-party service providers to send and distribute email and to perform other marketing and support functions. We may use information we collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, to analyze trends, administer the Site, gather demographic information the Site’s users, track user movements and to customize the content and layout of this Site for each individual user.

Email Management. You may receive emails from Yardi and or RENTCafé for a variety of reasons - for example, if you took an action through the Services, you signed up for a regular report, you signed up for a saved search alert, or you added a property to your favorites list. We respect your desire to manage email correspondence. If you have an account with RENTCafé, you can select your preferences through your account settings. Also, you can manage your receipt of some types of communication by following the instructions included in the email we send you. Please note that, even if you unsubscribe from certain email correspondences, we may still need to email you with important transactional or administrative information.

SHARING OF INFORMATION COLLECTED. Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Site. We may share your personal information with the Property Managers that list apartments on the Site. We also may share your personal information with our third-party service providers (including payment processors and screening companies) or with other select third parties who offer goods or services we think may be of interest to you. From time to time, we may partner with other organizations or companies to provide co-sponsored or co-branded promotions, services or events and may share your personal information with our co-sponsor. We also may provide your personal information to service providers or contractors to perform functions on our behalf, such as, but not limited to, companies or individuals hired to: communicate news, deliver Yardi’s promotional materials via e-mail and direct mail, to develop, enhance, market or provide any of Yardi’s products, to process credit card payments and to assist Yardi with sending communications and performing other marketing and support functions. These third parties may use technologies to measure the effectiveness of ads and emails and use information about your visits to our Site so that we may provide you with a better experience on our Site. Yardi also may use third-party social media platforms, including third-party social media websites, to communicate with you.

We also may share with third parties, including, without limitation, our corporate partners, aggregated demographic and statistical information that is not personally identifiable (including, for example, the number of users who searched for certain types of housing, the daily number of unique visitors to the Site, how many users clicked on a particular advertisement and how many users were using a certain internet service provider).

Yardi also may disclose an individual’s personal information:

  • to a person who in the reasonable judgment of Yardi is seeking the information as an agent of the individual;
  • in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
  • to a third party or parties, where disclosure is required or permitted by law, a judicial proceeding, a criminal investigation, a court order, or legal process;
  • if, in the reasonable judgment of Yardi, it is necessary to enforce compliance with our internal policies or the Terms of Use, to prevent illegal activity or suspected fraud, or to protect our Site, customers, or others; and
  • to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Yardi’s assets.

Yardi may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a summons. We also may disclose such information in response to a law enforcement agency’s request.

Through the Site, Yardi may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.

HOW WE STORE YOUR INFORMATION. Yardi is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. In spite of these protections, Yardi cannot guarantee the security of any data submitted over the Internet. After your information reaches Yardi, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. We may store and process your personal information in the United States or Canada or any other country in which we or our agents maintain facilities. By using the Site, you consent to the transfer of your information among these facilities, including those located outside your home country.

THIRD-PARTY WEBSITES. This Privacy Policy applies solely to information collected by Yardi. This Privacy Policy does not apply to other websites that are accessible through this Site, including but not limited to any third-party websites that process payments or perform screenings on behalf of Yardi, any property website, and ForRent.com. Please be aware that third-party websites that process payments or perform screenings for Yardi and websites for our advertisers, sponsors, affiliated entities and other third parties that are accessible through this Site may have their own privacy and data collection policies and practices. Yardi is not responsible for the privacy practices of such sites and will not be responsible for any actions or policies of such third parties. We encourage our users to be aware when they leave the Site and to read the privacy statements of each and every website that you visit.

RETENTION AND DESTRUCTION OF PERSONAL INFORMATION. In order to provide you with the products and services you request, answer questions you may have about the products and services provided, and for our own accountability to external regulatory bodies, we retain your information for a period deemed reasonable under the circumstances. Information stored in client and contact directories are more difficult to systematically destroy, so we remove such information from time to time when it appears we will no longer have a need to contact you, however we will promptly remove such information upon your written request. Paper files containing personal information are destroyed by shredding, and we destroy electronic information by deleting it. When we discard hardware that was used to store data, we ensure that the data is completely and permanently erased or that the hardware is physically destroyed.

ACCESSING, REVIEWING AND CHANGING YOUR PERSONAL INFORMATION. You can see, review and change most of your personal information by logging into your account on RENTCafé and editing your Account Profile or by contacting us at the addresses below. If your personal information changes or is inaccurate, you must change it promptly. If we disagree that certain information is incorrect, we will include a brief statement from you on the discrepancy and, if you want us to, we will forward your brief statement on your behalf to anyone who received the information from us.

In some instances, where requested by you and a Property Manager, we will use your personal information to conduct a screening process and/or produce a screening report or provide your information to a screening company in order to obtain a screening report for the Property Manager. The screening report may include credit information. Under provincial legislation, you may have the right to access, view and correct credit information relating to you that is held by a credit report agency by contacting the credit report agency directly.

There may be circumstances where your personal information is not accessible, reviewable or able to be modified by you through your RENTCafé account. With some exceptions, you have the right to see what personal information we hold about you. Often all you have to do is ask. We can help you identify what records we might have about you and we will also try to help you understand any information you do not understand (such as abbreviated data or technical language). We may need to confirm your identity before providing you with this access, and we reserve the right to charge a nominal fee for such requests. In some cases, we may require that your request to us for access be made in writing. If we cannot give you access, we will tell you within 30 days or as soon as reasonably practicable and provide you with a reason, as best we can, as to why we cannot give you access.

If we collected personal information on behalf of a third party we may have conveyed that information directly to the third party. If so, it may not exist as part of our own records and you will have to go to the third party to see the information.

CONTACT US. If you have questions regarding our Privacy Policy or the use of information collected, you can contact our Information Officer by email at the following address: privacy@rentcafe.com

He or she will attempt to answer any questions or concerns you might have. If you wish to make a formal complaint about our privacy practices, you may make it in writing to our Information Officer. We will acknowledge receipt of your complaint, ensure that it is investigated promptly and that you are provided with a formal decision and reasons in writing.

This policy is made under the Personal Information Protection and Electronic Documents Act. It is a complex Act and provides some additional exceptions to the privacy principles that are too detailed to set out here. There are some rare exceptions to the commitments set out above.

For more general inquiries, the Information and Privacy Commissioner of Canada oversees the administration of the privacy legislation in the private sector. The Commissioner also acts as a kind of ombudsman for privacy disputes. The Information and Privacy Commissioner can be reached at:

  • Address: 112 Kent Street
  • Ottawa, ON K1A 1H3
     
  • Phone: (613) 995-8210
  • Toll-free: (800) 282-1376
  • Facsimile: (613) 947-6850
  • TTY: (613) 992-9190
  • Website: www.priv.gc.ca/en/

Copyright © 2013 Yardi Systems, Inc.

Updated January 10, 2017