Welcome to Nareit's website 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 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. INFORMATION COLLECTION
Your provision of your personal information to us is completely voluntary. “Personal information” is information that can specifically identify you. We do not collect personal information unless you submit that information to us. Categories of personal information we may collect include:
- Identity Data, which includes name or other similar identifiers.
- Contact Data, which includes address, email address and telephone numbers.
Additionally, we may also collect certain other types of information that, along with Identity Data and Contact Data, may be considered and specifically named “personal data” in certain jurisdictions, including the European Union (“EU”), such as:
- Financial Data, which includes credit card, debit card or other payment card details.
- Transaction Data, which includes details about payments to and from you.
- Technical Data, which includes internet protocol (IP) address, location data, your login data, and device and browser information.
- Profile Data, which includes your username and password, your dining interests, food allergies and preferences.
- Usage Data, which includes information about how you use our Website and Partner Sites and advertising we serve on those sites.
- Marketing and Communications Data, which includes your preferences in receiving marketing from us
IF YOU ARE SITUATED IN THE EU, PLEASE SEE THE SECTION “ADDITIONAL EU DISCLOSURES” THAT PERTAIN TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL DATA AND ADDITIONAL RIGHTS YOU HAVE UNDER APPLICABLE LAW.
Except as specifically set forth herein, Nareit may collect or track: (a) 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; (b) the email addresses of visitors that communicate with Nareit via email; (c) information knowingly provided by a visitor in online forms, registration or membership forms, contest entries, surveys, email, and other online avenues (including, without limitation, demographic and personal profile data); (d) aggregate and user-specific information regarding which pages a user accesses; and (e) financial information provided by a user, including credit card or bank routing numbers and related information, billing address, and other similar information used only in order to process payments to Nareit. Specifically, Nareit may collect such personal information from a user in order to register the user as a member of Nareit and/or for the user to access or pay for certain programs, products, services and features of the Site (“Product(s)”). Nareit limits access to such personal data to those employees, agents, contractors and other third parties who have a business need to know. 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.
Nareit may also use Web bugs or beacons to gather, store, and track certain information related to your visit to and activity on the Site. A Web “bug” 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 email message to monitor user activity. A Web bug 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. INFORMATION USE AND SHARING
Subject to the Section titled “Additional EU Disclosures”, we use information held about you to perform our services and for other purposes outlined below. Personal information provided through the Site, including the sharing of certain information with and from Members may be used and disclosed other entities and/or business partners in the operation of the Site, in order to provide products and services requested and for marketing and promotional purposes. Without limiting the foregoing, financial information may be maintained and housed by us or a third party payments processing center, for the purpose of processing payments and conducting related transactions or supplied to collection agencies if necessary, as solely determined by Nareit. Aggregate data on users’ home servers and individually identifying information, such as names, postal and email addresses and phone numbers, may be provided to third parties such as marketing firms. Any personal information provided by you to the Site, or other general areas of the Site, will be read by Nareit, and could potentially be used by such third parties.
Nareit strives to deliver advertisements and promotions on its Site that are helpful to you. In order to do that, Nareit may associate your Member profile with certain commercial or sponsored content and you hereby give Nareit permission to use your profile information and your use of the Site to make such associations. The advertisements that you see on the Site are served by us or by our service providers. We may also allow third parties, such as advertising networks, to collect information about your activity on the Site (including through cookies), which may collect information about your interests, such as when you view content or interact with advertisements on the Site. The information gathered by such third parties is used to make predictions about your interests and preferences, and to display advertisements on the Site that are personalized to your interests and this information is not sold to such third parties. You can forbid or limit how certain registration information and information regarding your use of the Site may be associated with commercial or sponsored content by declining to have Internet cookies installed through using the appropriate feature of your Web browser software, if available, or installing appropriate disabling tools. We do not permit such third parties to collect personal information about you from the Site (such as your email address).
Identifiable and non-identifiable visitor information and data may be disclosed or distributed to another party with which Nareit enters or may enter into transactions associated with its operations and products, or other corporate transactions, including, for example, a merger, consolidation, acquisition, or asset purchase. Nareit may also disclose this information to a third party pursuant to a subpoena, court order, or other form of legal process, or otherwise, in response to a request by or on behalf of any local, state, federal, foreign, or other administrative or regulatory agency, department, commission or body, or that of a U.S. or foreign self-regulatory organization, securities exchange or market, national securities association or other similar authority, or if determined by Nareit in its sole judgment that such disclosure or distribution is necessary or appropriate to protect the life, health, or property of Nareit or any other person or entity.
While Nareit may undertake efforts to see that any third party to which Nareit shares, rents, sells, or otherwise discloses personal information is under a contractual obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which Nareit exercises no control. Nareit is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
Notwithstanding the foregoing, Nareit reserves the right (and you authorize Nareit) to share or disclose your personally identifiable information when Nareit determines, in its sole discretion, that the disclosure of your personally identifiable information is necessary to identify, contact, or bring legal action against you if:
• you are interfering with another's rights or property, including, without limitation, Nareit's rights or property;
• you are violating any applicable law, rule or regulation;
• necessary or required by any applicable law, rule or regulation; and/or
• requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency.
3. USE OF PERSONAL INFORMATION COLLECTED
Personal information collected by Nareit may be used by Nareit for many reasons, for example, for recordkeeping, editorial and feedback purposes, marketing and promotional purposes, statistical analysis of users’ behavior, product development, content improvement, or to customize the content and layout of the Site. Aggregate data on visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and email 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. 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.
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 specify whether certain other personal information in your profile may be made publicly available.
From time to time, we may need to contact you for purposes related to your membership in Nareit (e.g., renewal notices, outstanding balances, etc.) and you agree that we may also use your personal information for those purposes. We may also desire to contact you for market research purposes or to provide you with marketing information we think would be of particular interest. 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 8.
Without limiting the foregoing, Nareit reserves the right, but not the obligation, to monitor any and all communications submitted to or posted on the Site. Such voluntary information provided or posted by you may be collected and used by Nareit in accordance with this Privacy Statement.
4. THIRD-PARTY LINKS AND SOCIAL NETWORKING SERVICES
The Website may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, are relying upon those third-party services to operate properly and fairly.
You should be aware that information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.
5. DATA SECURITY
We have put in place appropriate security measures to prevent information about you from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed; however, due to the inherent open nature of the Internet, we cannot ensure or warrant the security of any information provided online. We have put in place procedures to deal with any suspected data breach that will affect you and will notify you and any applicable regulator of a breach where we are legally required to do so.
6. DATA RETENTION
Nareit has implemented physical, electronic and procedural 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 email 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.
7. ADDITIONAL EU DISCLOSURES
Our role as data controller and data processor
If you are situated in the EU and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. We would, however, appreciate the chance to deal with your concerns before you approach your Supervisory Authority so please contact us in the first instance. Please see our contact details below in the Section 16 titled “Contact Us”. If you are situated in the EU and have a complaint, please contact us at firstname.lastname@example.org.
Provision of personal data and failure to provide personal data
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with our services). In this case, we will not be able to provide services to you.
Legal basis for our processing of your personal data
Below are the types of lawful basis that we will rely on to process your personal data:
- Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us at email@example.com.
- Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
- Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
Withdrawing your consent
If we are relying on your consent to process your personal data, you have the right to withdraw your consent at any time. You have the right to withdraw your consent at any time by contacting us at email@example.com.
Use of your personal data for marketing purposes
We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising:
- Promotional offers from us: We may use your personal data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing). You will receive marketing communications from us if you have requested information from us or used our services and, in each case, you have not opted out of receiving that marketing.
- Third-party marketing: We will get your express opt-in consent before we share your personal data with any company outside our company for marketing purposes.
To see how you can opt out of marketing communications, please see the Section 8 titled “Opt-Out”.
Rights of EU Data Subjects
Under certain circumstances, you have rights under data protection laws in relation to your personal data. You have the right to:
- Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
- Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
- Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
- Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
- Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
- Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
- Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests as soon as practicable and within one month. Occasionally it may take us longer than a month if your request is particularly complex, or you have made a number of requests. In this case, we will notify you and keep you updated.
To exercise your rights, please contact us at firstname.lastname@example.org./p>
8. OPT-OUT RIGHTS
Opting out of messages from us
Opting out of cookies
9. 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 Nareit 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.
10. DATA RELATING TO 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.
11. CROSS BORDER TRANSFERS
12. CALIFORNIA PRIVACY
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 email@example.com or write us at the address above.
14. GOVERNING LAW AND JURISDICTION
16. Contact Us
Full name of legal entity: Nareit
Name or title: General Counsel
Email address: firstname.lastname@example.org
Postal address: 1875 I ST NW, Washington DC, 20006 United States of America
Telephone number: (+1) 202-739-9000
Dated: May 25, 2018
Copyright © 2018 Nareit; All rights reserved.