Date of Last Revision: April 2023

DivcoWest Real Estate Services, LLC (“DivcoWest”, “we”, “us”, or “our”) provides this “Privacy Policy” to explain our information and data collection practices. This Privacy Policy governs your use of our websites (including, without limitation, both mobile and online versions of our sites, collectively referred to herein as our “Sites”), Wi-Fi networks, and other services (whether online, by phone, or in person) that we make available (collectively, and together with “Sites”, referred to herein as the “Services”).

DivcoWest reserves the right to change this Privacy Policy at any time. We will post the revised Privacy Policy and update the “Date of Last Revision” date at the top of this policy. We will also provide notice, as appropriate, if we make changes to the Privacy Policy that materially change your rights. Where permitted by law, your use of our Services subsequent to the posting of an updated privacy policy will be governed by the terms of that updated privacy policy and constitute your acceptance of such changes. However, we will not use your previously collected Personal Information (defined below) in a manner materially different than indicated at the time it was collected without your consent.

To the extent we provide you notice of different or additional privacy policies or practices (e.g., at the point of our collection), those additional terms shall govern such data collection and use.

By accessing the Services, you indicate your agreement to and/or acceptance of the terms of this Privacy Policy, and consent to the collection, retention, use and sharing of your information and data consistent with this Privacy Policy, as amended from time to time.

Personal Information We Collect

When we use the term “Personal Information,” we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household, such as a real name, postal address, e-mail address, telephone number, payment or other financial information, or location information. Information that is public, aggregated, de-identified, or anonymized is not considered Personal Information, and there may be other exceptions or differences under applicable law.

DivcoWest does not sell or share for cross-context behavioral advertising purposes your Personal Information.

Information You Affirmatively Provide to Us

We collect Personal Information you choose to affirmatively provide to us through the Services or otherwise, including, for example, the following:

• Name and contact information, including your company, email address, phone number and physical address;
• Account login credentials, for access to any of our programs or services;
• General location (e.g. when you use our corporate or building amenity Wi-Fi);
• Investment information and financial information (e.g., when you invest with us);
• Lease contract and rent amount (e.g., when you lease with us);
• Information about your communications with us, including your inquiries and customer support questions;

Work authorization status, resume, CV, cover letter, work experience, education information, skills, professional and work-related licenses, permits and certifications held, reference-related information, and any other information that is publicly available or that you elect to provide to us when you apply for a job with us.

Information We Automatically Collect on Our Site

We also may collect certain technical and other information automatically generated by your device about how you use the Sites. Such information can entail collection and processing of browser information, operating system information, unique device identifiers or your IP address, referring site, visit metrics, action metrics, page view metrics, search metrics, and others. The DivcoWest web server logs collect data that is generated by your computer when it visits the Sites, such as the type of web browser and operating system used to access the Sites, the domain name of your Internet service provider, the date and time you access the Sites, and the pages you visit.

Information Third Parties Provide

Information may be collected through technologies provided by third parties. Information that might be collected using these technologies includes, for example, the pages you visit on the Sites, the paths you take within the Sites, and the length of time that you spend on the Sites. We may also receive information from our affiliates, business partners, and third-party service providers, such as real estate services companies, property managers, and leasing agents.

How We Use Your Information

We may use your Personal Information for various purposes, including:

• to contact you directly;
• to complete any transaction initiated by you on the Sites or through the Services;
• to provide services or information to you, including in response to your requests;
• to conduct business with you (or with entities you work for or are affiliated with);
• to provide you access to any of our programs or services, including Wi-Fi or electronic accounts;
• to operate and improve the Sites, including for system administration, examination of traffic trends on the Sites, and troubleshooting;
• to make hiring decisions;
• to pursue any application for employment initiated by you on the Sites or through the Services;
• to comply with legal requirements or to protect and defend our legal rights or the rights or safety of any person; and
• as is otherwise described in this Privacy Policy or to the extent that you otherwise consent to in writing.

How We Share Your Personal Information

Your Personal Information may be shared to the following categories of third parties:

• our affiliates and business partners, such as real estate services companies engaging in joint ventures with us;
• third-party service providers that assist in the administration of the Sites and/or the processing or handling of customer information, and that perform certain services on our behalf, such as property managers and leasing agents (such service providers are required to maintain the confidentiality of user information and are prohibited from using it for any purpose other than as described in this Privacy Policy);
• competent authorities, as required by law, such as when compelled by subpoena or court order;
• actual or potential buyers, investors, providers of professional services, and the agents and advisors of each, incident to an actual or proposed sale, merger, reorganization, dissolution, bankruptcy, or similar event; and
• third parties in charge of measuring the effectiveness of our programs and advertisements.

Retention

Unless otherwise stated, we retain Personal Information and other information you provide or otherwise make available to us, to fulfill the purposes described above.

We use the following criteria to determine how long to retain Personal Information:

• Our relationship with you, including the status of your relationship with us;
• Your requests to us regarding your information, or our products or Services;
• Any legal obligations to retain the data, including those arising from legal requirements in applicable labor and employment laws and securities regulations, or for our own legal purposes (such as enforcing our agreements or litigation); and

Technical considerations and feasibility, and level of protections in place for your Personal Information.

Links

The Sites may contain links to third-party websites. Please recognize that we do not control these third-party websites, or how they may collect or use information that you may provide to them. Your use of third-party websites, along with the use of any information that such websites may collect from you, are not governed by this Privacy Policy. You should consult each applicable privacy policy before using another linked website.

Security of Data Stored by DivcoWest

DivcoWest takes commercially reasonable security measures to help protect the loss, misuse, and alteration of information under our control. While we make commercially reasonable efforts to ensure the integrity and security of our network and systems, we cannot guarantee that Personal Information you transmit to us may not be accessed, disclosed, or altered by a breach of our safeguards. To the maximum extent allowed by applicable law, you agree and acknowledge that DivcoWest shall not be liable or responsible if any information about you is intercepted, accessed, and/or used by an unintended recipient.  If you have reason to believe that the security of your communications or Personal Information has been compromised, please immediately notify us at: privacy@divcowest.com. We urge you to take adequate precautions to protect your Personal Information, and you use our Services and provide us with your information at your own risk.

Collection of Personal Information From or About Children

The Services are not intended nor designed for children under the age of sixteen (16). We do not knowingly collect or process Personal Information from persons under age sixteen (16). If we learn that we have collected the Personal Information of a user under the age of sixteen (16), we will take steps to delete the concerned information. If you have reason to believe that DivcoWest has collected information from persons under the age of sixteen (16), please notify us at: privacy@divcowest.com, so that we may take appropriate actions to remove the child’s Personal Information from our systems.

We do not sell or share for cross-context behavioral advertising purposes the Personal Information of any individuals, including that of children under the age of sixteen (16).

How To Opt Out of Communications

If you no longer wish to receive marketing communications from us, you may opt out at any time by notifying us at opt-out@divcowest.com.

Your California Privacy Rights

The California Consumer Privacy Act of 2018, California Civil Code Sections 1798.100 et seq. (“CCPA”), and the California Privacy Rights Act of 2020 (“CPRA”), afford additional rights to California residents in relation to their Personal Information. For example, California residents may have the following rights – subject to exceptions and other applicable law:

1. Right to Transparency. You have a right to understand the categories and types of Personal Information to be collected (see the “Personal Information We Collect” section above), the purposes for which the categories of Personal Information are collected or used (see the “How We Use Your Personal Information” section above), whether that information is sold or shared (see the “How We Share Your Personal Information” section above), and the length of time we intend to retain each category of Personal Information, or if that is not possible, the criteria used to determine that period, among other information (see the “Retention” section above).
2. Right to Accessthe categories and specific pieces of Personal Information we have collected about you, the categories of sources from which the Personal Information is collected, the business purpose for collecting the Personal Information, and the categories of third parties with whom we share Personal Information.
3. Right to Limit the use and disclosure of sensitive personal information. We only collect and use sensitive personal information as necessary to provide you with goods and services, and do not sell or share (as defined by the CPRA) sensitive personal information. As a result, we do not, and are not required to, provide a right to limit.
4. Right to Correct inaccurate or obsolete Personal Information that we may maintain.
5. Right to Delete the Personal Information under certain circumstances.
6. Right to Opt-out of the sale or sharing of Personal Information. Although you have the right to opt out of the “sale” of your Personal Information (i.e., disclosure of Personal Information to third parties for valuable consideration), or “sharing” of your Personal Information (i.e., disclosure of Personal Information to third parties for cross-context behavioral advertising), we do not “sell” or “share” your Personal Information.
7. Right to non-discrimination. We do not discriminateagainst our employees, applicants, or customers on the basis of their exercising any of their rights afforded by the CCPA and CPRA, which is further in accordance with California residents’ rights under the law.

How California Residents Can Exercise Their Rights

California residents may exercise the rights described above by submitting a verifiable request to us by emailing privacy@divcowest.com or by contacting us by telephone at 1-833-496-7100.  The right to opt out of certain sales or sharing of your Personal Information is not applicable because we do not sell your Personal Information to third parties for valuable consideration or share your Personal Information for cross-context behavioral advertising.

Please specify in your request what Personal Information you would like to access, correct, or delete.

We will first acknowledge receipt of your request within 10 business days after receipt of your request. We will provide a substantive response to your request within 45 calendar days after its receipt. If we require more time (up to 90 days or the permitted timeframe), we will inform you of the reason and extension period in writing.

Only you or an authorized agent (as described below) may make a verifiable request related to your Personal Information.

• How to Authorize an Agent. You may designate an authorized agent to submit your verified request on your behalf, only if the authorized agent has your written permission to do so and you have taken steps to verify your identity directly with us.

How We Verify Your Request. To respond to your request to delete, to correct, or to know, we must verify your identity or the authority of your authorized agent to make the request. We will only use the Personal Information provided in that context to verify your identity or the authority of your authorized agent to make the request. Making a verifiable request does not require you to create an account with us. To allow us to verify your request, we will require that you provide at least two pieces of Personal Information that we already have in our possession, such as your name, contact information, and/or application date. Depending on the sensitivity of the Personal Information and the risk of harm to you posed by unauthorized deletion or correction, we may need to match additional pieces of Personal Information to verify the request to a reasonably high degree of certainty. We will verify your consumer request by comparing the information you provide to information already in our possession, and take additional steps to minimize the risk of fraud.

Contact Us

If you have any questions regarding our Privacy Policy, please contact us at privacy@divcowest.com.