Welcome to National Association of Real Estate Investment Trusts, Inc.’s ("NAREIT®”) Web site located at www.reit.com (“Site”). This Privacy Statement addresses NAREIT’s practices regarding information collected from users of the Site, including those who register to make purchases or obtain specific access to certain content, services, products or benefits on the Site (“Product(s)”), and only addresses information collected directly through or from the Site. It does not address or govern any information gathering, use, or dissemination practices related to information collected from the user (sometimes referred to as a “visitor,” "you" or "your") other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. This Privacy Statement is incorporated into the Site’s Terms and Conditions of Use by reference, as if set forth fully therein. Your access and use of the Site will be deemed to indicate your acceptance to both this Privacy Statement and all of such Terms and Conditions of Use. NAREIT can be contacted at firstname.lastname@example.org or by telephone at 202-739-9400.
Throughout this Privacy Statement, the term “visitor,” “you,” “your” and “yours” (and similar terms) shall be deemed to refer to (i) any individual accessing the Site, as well as (ii) any entity or other organization (A) on behalf of which such individual has accessed or attempted to access the Site or appears to NAREIT to have accessed or attempted to access the Site, or (B) that such individual otherwise represents (whether in the individual’s capacity as an officer, director, employee, representative, agent or otherwise) or appears to NAREIT to represent.
1. Collection of Information from Site Visitors
• Personal Information
Except as specifically set forth herein, NAREIT may collect or track personal information from you when you create an account on the Site, purchase Products on the Site, request information from us, subscribe to one of our publications, participate in contests or surveys on our Site, or otherwise contact us. The personal information we collect may include your name, company name, address, telephone or fax number, email address, title, professional credentials, and demographic information. If you purchase a Product on the Site, we may collect the financial information you provide including financial information such as credit/debit card or bank routing numbers and related information, billing address, and other similar information used only in order to process payments.
If you do not wish to provide such information to the Site, you may be unable to access or use certain areas of the site.
• Information Automatically Collected
We may use certain cookies, web beacons or other technologies to automatically collect certain non-personal information about visitors to the Site, the use of our Products, or interactions with our emails and online advertisements. We may collect non-personal information from you including, but not limited to, the home server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser, and aggregate and user-specific information regarding which pages a user accesses.
NAREIT may also use web beacons to gather, store, and track certain information related to your visit to and activity on the Site. A web beacon is a file object, which can be a graphic image such as a transparent one pixel-by-one pixel graphics file, which is placed on a Web page or in an e-mail message to monitor user activity. A web beacon can gather, for example, the IP address of your computer, the time the Web page was viewed, and the type of browser used.
When a visitor performs a search within the Site, NAREIT may record information identifying the visitor or linking the visitor to the search performed and recording information related to the search request.
2. Use of Personal Information Collected
Personal information collected by NAREIT may be used by NAREIT for many reasons, including: (a) order fulfillment, to provide Products, and communicate with you; (b) to contact you for purposes related to your membership; (c) recordkeeping, editorial and feedback purposes; (d) to provide you with marketing and promotional material on behalf of NAREIT and our partners; (e) statistical analysis of users’ behavior; (f) product development, content improvement, or to customize the content, layout, and advertising on the Site or other websites; (g) to contact you when necessary or to respond to your inquiries; or (h) market research purposes. Aggregate data on visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to NAREIT may be added to NAREIT’s databases and used for future calls and mailings regarding Site updates, new products and services, and upcoming events. You will have the option of not being contacted by NAREIT and opting-out of such marketing-related contacts by contacting us in accordance with the Opt-Out rights in Section 6.
As a benefit to registered users, including members of NAREIT, NAREIT may include a user’s name and relevant personal information in his or her profile. If you are or become a registered member of the Site, you agree that your name and certain registration information provided to NAREIT may be made publicly available on the Site through your profile. You have the right to control whether certain types of personal information in your profile may be made publicly available by adjusting your settings in your account profile.
3. Disclosure of Personal Information to Third Parties
NAREIT may share the information we collect from and about you as follows: (a) to a third party acting on our behalf (“Service Provider”) if the disclosure will enable the Service Provider to perform a business, professional or technical support function for us; (b) to select entities and/or business partners that we believe may have marketing and promotional offers of interest to you; (c) as necessary if NAREIT believes there has been a violation of our Site Terms and Conditions of Use; violation of law, rules or regulation; or violation or infringement of our rights or the rights of any third party; (d) to respond to judicial process and provide information to law enforcement, administrative, or regulatory agencies, or a U.S. or foreign self-regulatory organization, securities exchange or market, national securities association or other similar authority in connection with an investigation or request for information, as permitted by law, or as otherwise required by law; and (e) as described to you at the point of collection.
NAREIT may aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for their marketing and promotional purposes.
NAREIT may sell or purchase assets during the normal course of our business. If another entity acquires NAREIT or any of its assets, information NAREIT has collected about you may be transferred to such entity. In addition, if any bankruptcy or reorganization proceeding is brought by or against us, such information may be considered an asset of ours and may be sold or transferred to third parties. Should such a sale or transfer occur, we will use reasonable efforts to try to require that the transferee use personal information provided through this Site in a manner that is consistent with this Privacy Statement.
4. Security Measures and Communicating with NAREIT
NAREIT has implemented reasonable physical, administrative and technical security features that are designed to prevent the unauthorized release of or access to personal information. Despite NAREIT’s efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from NAREIT via this Site or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the Site content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, NAREIT is not responsible for the security of information transmitted via the Internet. NAREIT will not be responsible for any damages directly or indirectly caused by an unauthorized third party's ability to view, use or disseminate such information. Instead of communicating with NAREIT via e-mail or the Internet, visitors can contact NAREIT by regular mail at 1875 I Street, NW, Suite 600, Washington, DC, 20006, or by phone at 202-739-9400.
In addition, to protect your personal information, never share your password with anyone, and if you feel that your password has been discovered, you should change it immediately by logging on to the Site and accessing your profile to change your password, or by contacting us at email@example.com.
5. Links to Other Sites and Financial Information
6. Opt-Out Right
Except as necessary to obtain the products, services, or information requested, you may opt out of having your personal information used by NAREIT to contact you, or disclosed by NAREIT to third parties, by contacting NAREIT via postal mail, e-mail, or telephone as described above.
7. Comments, Notices and User Content
Any materials or comments, including profiles, posted to any of our Web pages may be made public. Please refer to Section 6 of the Terms and Conditions for further detail concerning User Content and other materials submitted to the Site. As such, NAREIT assumes no liability for the accuracy of such information, no duty to update or correct such information, and no liability for such communications arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
8. Privacy of Children
The Site is not intended for users under the age of 18. NAREIT does not knowingly collect personal information online from visitors in this age group. You must be at least 18 years of age in order to use the Site and to provide information to the Site, and by using the Site you represent to NAREIT that you are 18 years of age or older.
9. Access to and Ability to Correct Personal Information
Upon your request via postal mail, e-mail, or telephone, NAREIT will provide you with a summary of any personal information retained by NAREIT that has been voluntarily provided by you to NAREIT through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue. You may modify, correct, change or update your personal information by contacting NAREIT via postal mail, e-mail, or telephone at the addresses or numbers above.
10. Right to Change Privacy Statement
NAREIT may update or change this Privacy Statement at any time in its sole discretion. Updates to this Privacy Statement will be posted here or at another location on the Site as may be disclosed thereon. If we change the Privacy Statement in a material way, we will provide appropriate notice to you.
11. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 provides you with the right to request certain information regarding disclosure of your personal information to third parties for direct marketing purposes, including a description of the categories of personal information disclosed. In order to obtain such information, please email your request to firstname.lastname@example.org or write us at the address above.
12. Governing Law and Jurisdiction
This Privacy Statement, together with the Terms and Conditions of Use, represent the entire agreement between you and NAREIT with respect to the subject matter hereof and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied. All matters in connection with this Privacy Statement and the Terms and Conditions of Use, and all actions contemplated thereby, shall be governed by the laws of the District of Columbia, without reference to its conflict of law rules and as if this was a contract wholly entered into and wholly performed within the District of Columbia; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal or other courts located in the District of Columbia, and that any action or proceeding with regard to any breach or threatened breach of this Privacy Statement (including any injunction seeking the restraint of such breach or threatened breach) may be brought in such courts; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The waiver or failure of NAREIT to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any other rights established under this Privacy Statement. Headings used in this Privacy Statement are for reference only and shall not affect the interpretation hereof. No person or entity not party to this agreement will be deemed to be a third party beneficiary of this Privacy Statement or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” If any portion of this Privacy Statement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, the Privacy Statement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion thereof that is unlawful, void or unenforceable shall be stricken therefrom.
Dated: May 30, 2013
Copyright © 2011 NAREIT; All rights reserved.