MAXX Properties’ Privacy Policy

Effective May 25, 2023

This MAXX Properties’ Privacy Policy applies to any website, app, or other online service that posts a link or includes this privacy policy (collectively, the “Maxx Platform”). The Maxx Platform is owned or operated by J.R.D. Management Corp. d/b/a/ MAXX Properties, Maxx Realty New York Corporation or one of their affiliated or related companies (collectively, “Maxx Companies”). The Maxx Companies own and operate apartment communities in the following states: Arizona, Colorado, Florida, Nevada, New York, and Utah.

This Privacy Policy describes our information and privacy practices with regard to Personal Information we collect through the Maxx Platform and does not cover any information collected at any other web site or elsewhere by Maxx Companies (unless specifically stated). “Personal Information” is information that identifies or can be used to identify you as a specific individual.

Please take a moment to review this Privacy Policy. Please also review the Terms of Use, which govern your use of the Maxx Platform. By using the Maxx Platform, you agree to the collection, disclosure, and use of your information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy and the applicable Terms of Use, do not access or use the services or provide personal information to us.

INFORMATION WE MAY COLLECT THROUGH THE MAXX PLATFORM

We, and our service providers, collect a variety of information from users as they visit the Maxx Platform. The information we collect may be provided by you or by or through third parties or may be collected automatically. The type of information we collect from you directly will depend on whether you are a visitor to the Maxx Platform or a prospective resident or active resident at one of our apartment communities. We may combine the information we receive from other sources with information we collect through the Maxx Platform. In those cases, we will apply this Privacy Policy to the combined information.

Information You Provide to the Maxx Platform

Prospective residents, when you submit a leasing application, we collect your contact information (including your name, phone number, street address, and email address); other identifiers such a your date of birth and government identification number (including your Social Security Number (SSN) and/or your Driver’s License Number (DLN)); your employment history and income; and other information used to assess your application.

In addition, for active residents, some services on the Maxx Platform may allow you to make and track payments online, and therefore require that you supply us with information associated with your bank account and routing number, credit card, or other accepted form of payment.

When you apply for a job with us through our website, we collect identifiers such as your name, contact information, and government identification numbers as well as professional or employment information, including information such as your CV/resume, work history, details you enter on the job application, and any information received from a background check, where applicable.

We may de-identify certain Personal Information, turning it into non-Personal Information. This is typically accomplished using a mathematical process (commonly known as a hash function) to convert information into a code. The code does not identify you directly, but may be used to connect your activity and interests, which may be used for targeted marketing purposes.

The Maxx Platform is intended for a general audience and not intended for use by or targeted to those younger than the age of 18. We do not knowingly collect Personal Information from minors younger than the age of 18 other than the names and ages of minors who may be named occupants under a lease agreement.

Information We Collect Automatically As You Access the Maxx Platform

IP address/Device Identifier and Information Collected Automatically. We and our third-party service providers may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with the Maxx Platform (“Usage Information”). This Usage Information may include the website browser or operating system you are using, the URL or advertisement that referred you to the Maxx Platform, all of the areas within the Maxx Platform that you visit, and the time of day, the next website you visit after leaving our Maxx Platform, among other information. In addition, we automatically collect your IP address or other unique identifier (“Device Identifier”) for your computer, mobile phone, or other device used to access the Maxx Platform. A Device Identifier is a number that is automatically assigned to your device used to access the Maxx Platform, and our servers identify your device by its Device Identifier. We may be able to collect or infer your approximate location through your Device Identifier or similar information we collect.

The Usage Information we collect is generally non-identifying, but if we associate it with you as a specific and identifiable person, we will treat it as Personal Information.

Cookies and Similar Tracking Technologies. We may use the following tracking technologies to collect Usage Information:

Cookies and Similar Tracking Technologies. We may use the following tracking technologies to collect Usage Information:

Cookies and Local Storage. “Cookies” and local storage are pieces of information (small data files) transferred to an individual’s browser on their device when the device is used to visit the Maxx Platform. These technologies are able to store a unique identifier for a device to allow a certain Internet site to recognize the device whenever the device is used to visit the site. These technologies may be used for many purposes by us and our third-party service providers, such as automatically collecting Usage Information, enabling features, and remembering your preferences. If you do not want to accept cookies, you can block them by adjusting the settings on your Internet browser. You can find more information about cookies and how they work at All About Cookies.

If you choose to disable cookies on your device, or to otherwise restrict local storage, some features of the Maxx Platform may not function properly.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “pixel tags,” “1x1 GIFs,” or “clear GIFs”) may be included in our web pages and email messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or email can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including to counter visitors to the Maxx Platform, to monitor how users interact with the Maxx Platform, to count how many emails that were sent were actually opened or to count how many particular links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Maxx Platform, such as the links you click on. The code is temporarily downloaded onto your device from our server or a third-party service provider, is active only while you are connected to the Maxx Platform, and is deactivated or deleted thereafter. In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.

Resident Forums and User Content

The Maxx Platform may provide you the opportunity to register and participate in posting content publicly in forums, through interactive features and through other communication functionality, such as direct messages with other Maxx Companies residents via the Resident Portal application (collectively, “Resident Forums”). We will ask you to provide your email address and password for your account with the Maxx Platform. You may choose, through such features or otherwise, to submit and post comments, questions, photographs, videos, suggestions, or other content (“User Content”). Maxx Companies may also provide residents using the Resident Portal with a feature that allows residents to send messages to each other. Maxx Companies may have access to those messages but does not consider information exchanged directly with other users via the direct message chat feature as “User Content” and does not use the content of those messages for any marketing purposes.

Note that anything you post to a Resident Forum is public—other users will have access to your User Content and will have access to view, collect, and use it or share it with third parties. If you choose to disclose Personal Information in User Content, that information will be public information. Please note that certain information, such as your name, may be publicly displayed on the Maxx Platform along with your User Content.

As further set forth in our Terms of Use, if you submit User Content to us, we may use it in connection with our advertising, marketing, publicity, and promotional activities and it may be published online or offline.

Third Party Links and Social Media Interactions

The Maxx Platform may contain integration with or otherwise permit or facilitate interactions with an interactive third-party website or service (“Social Media”). For example, the Maxx Platform may use a website tool to display videos from YouTube or other video hosting platforms. The Maxx Platform may also include links to third party websites and buttons that direct users to our Social Media pages (such as Facebook, LinkedIn, or Yelp) or other third party websites.

You may also choose to participate on Social Media in a way that connects that third party service with our Maxx Platform (such as posting to one of our pages on a Social Media site). If you choose to post information from the Maxx Platform to Social Media, that information may be public and the third party may have access to information about you and your use of the Maxx Platform. This may also allow us to collect (or the third party to share) information about you, including Personal Information.

The information we collect is subject to this Privacy Policy. If you click on third party links or social networking buttons, you will be taken to those third party sites. Your use of those third parties’ websites and platforms and the information collected and stored by the third party are subject to the third party’s privacy practices, including whether the third party continues to share information with us, the types of information shared, and your choices with regard to what is visible to others on that third party website or service. We are not responsible for the privacy or business practices of any third party.

Refer-a-Friend Features and Information You Provide About Others

If you send a friend a communication from the Maxx Platform, the information you provide (names, email addresses, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purpose, unless we obtain consent from that person. If you otherwise disclose any Personal Information relating to other people to us, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.

Information Third Parties Provide About You

We may receive information about you from third parties. If you submit a leasing application to us, we may receive information from third parties in relation to processing your leasing application, such as from your current (or former) employer(s), management companies or landlords through which you previously rented apartment communities, and credit bureaus. We do not use information we receive from third parties in connection with processing your leasing application for any marketing purposes. We may also supplement the information we collect with outside records from third parties, such as public databases, publicly available Social Media pages or joint marketing partners, or other data analytics and enhancement services for various purposes, such as to provide you with information, services, or to enhance our services.

We may combine the information we receive from third parties with information we collect through the Maxx Platform. In those cases, we will apply this Privacy Policy to the combined information.

HOW WE MAY USE THE INFORMATION COLLECTED

Maxx Companies may use the information collected through the Maxx Platform (including Personal Information and Usage Information) in order:

To Enable You To Use our Maxx Platform and Maxx Companies Services. We may use your information to provide you with services, information, and any features we offer through the Maxx Platform. This includes allowing you to search for and view our apartment communities, processing information you provide with your leasing application(s) (such as verifying your employment and credit history), answering questions, and providing resident services (such as enabling you to pay rent and submit maintenance requests).

To Communicate With You. We may use your information to communicate with you regarding your use of the Maxx Platform or Maxx Companies’ rentals and services (such as about a rental payment or to respond to you when you contact us) or other administrative communications including, in our discretion, changes to our Privacy Policy, Terms of Use or any of our other policies. We may also send you special offers and promotions from us and on behalf of other third parties using the contact information you provide.

To Facilitate Your Job Search via the Maxx Platform. This may include preparing related governmental and internal statistics reports.

To Maintain and Protect our Maxx Platform. We use information to detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies for our Maxx Platform. We also use information to protect our Maxx Platform and its users from errors, misuse of the Maxx Platform, fraud, or any criminal activity.

For Internal Business Purposes. We use information to improve our Maxx Platform and services and to comply with regulatory and legal obligations. We may also use information for any other purposes consistent with this Privacy Policy, as disclosed to you at the time you provide your information, or otherwise with your consent.

INFORMATION DISCLOSURES

Maxx Companies may share non-personal information, such as Usage Information, de-identified data, and aggregated user statistics, with third parties in our discretion. In addition, Maxx Companies may share information, including Personal Information, as disclosed at the time you provide your information or otherwise with your consent, as otherwise described in this Privacy Policy, and under the following circumstances:

Third Parties for Their Marketing Purposes. We may share information with our third party partners who may use your information for their own direct marketing purposes, and we may receive some form of compensation in exchange for the information we provide. For example, companies unrelated to the Maxx Companies but who provide services related to your residence (such as package locker services) that you may be interested in or third parties who have special offers for our residents. These third parties may use the information for their own purposes, including their own marketing and advertising purposes.

Maxx Family of Companies. We share the information collected among the Maxx Companies, each of which use it in accordance with this Privacy Policy.

Our Service Providers. We may share information with entities who perform services on our behalf, such as database management, website hosting, providing website usage analytics, sending and responding to email, chat, text messaging or other communications through various platforms, processing and verifying your leasing application(s), running promotions, or performing other services. We may provide these service providers access to your information, including your Personal Information, in order for them to perform these services.

Sweepstakes, Contests, and Promotions. We may offer sweepstakes, contests, or other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you agree to the conditions or official rules that govern that Promotion, which may involve specific requirements (including allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials, except where prohibited by law). If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with administering the Promotion, such as in connection with winner selection, prize fulfillment, as required by law, or as permitted by the Promotion’s terms or official rules.

Employment Applications. If you apply for a job through the Maxx Platform, we or our service provider(s) may ask you to provide self-identifying information (such as veteran status, gender, and ethnicity) in conjunction with laws and regulations enforced by the Equal Employment Opportunity Commission and other federal, state and local regulatory agencies. Providing such self-identifying information is voluntary, but if you do provide such information, we and/or our service provider may submit that information to the appropriate government or regulatory agencies to fulfill reporting requirements and use that information to defend against employment-related complaints.

Please note that we may utilize a careers portal that is operated by a third party, in which case your use of the careers portal will be subject to the third party’s privacy practices as disclosed on the portal, and not to this policy.

Administrative and Legal Reasons. Maxx Companies may transfer and disclose information, including Personal Information, Usage Information, and Device Identifier(s), to third parties to comply with a legal obligation; when we believe in good faith that the law requires it; at the request of governmental authorities conducting an investigation; to enforce our Terms of Use or other applicable policies governing the Maxx Platform; to respond to an emergency; or otherwise to protect our rights, property, safety, or security of us or other visitors or the public. We may also use Device Identifiers to identify users, and may do so in cooperation with Internet service providers, wireless service providers, or law enforcement agencies, in our discretion.

Business Transfers and Transitions. In the event Maxx Companies goes through a business transition (such as a merger, acquisition by another company, bankruptcy, or sale of all or a portion of its assets, including, without limitation, during the course of any due diligence process), your Personal Information will likely be among the assets transferred. By providing your Personal Information, you agree that we may transfer such information to the acquiring entity without your further consent.

Online Advertising and Analytics Providers

The Maxx Platform may contain content served by third parties, including advertisements, and we may work with service providers to help us understand how users navigate and use our Maxx Platform and to serve Maxx Companies’ advertisements elsewhere online. In connection with serving content and providing analytics and advertising services, third parties may collect certain information about your visits to this or other websites, and we may receive information regarding the use of the Maxx Platform and effectiveness of our advertisements. These third parties may set and access their own tracking technologies on your device (including cookies and web beacons) and may otherwise collect or have access to information about your activities on the Maxx Platform, and other websites and services. We and our service providers may collect Personal Information over time when you visit the Maxx Platform or other online websites and services. We may also share certain information such as Device Identifiers, Usage Information, and de-identified or aggregated or hashed information with third-party advertising companies, analytics providers, and other service providers for advertising and analytics purposes.

Cookies and web beacons, including those set by third-party network advertisers, may be used to target advertisements, prevent you from the seeing the same advertisements too many times, and conduct research regarding the usefulness of certain advertisements to you.

We use a variety of service providers to perform advertising and analytics services, and some of these companies may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”). You may want to visit optout.networkadvertising.org, which provides information regarding targeted advertising and the opt-out procedures of NAI members. You may also want to visit optout.aboutads.info, which provides information regarding targeted advertising and offers an opt-out for participating companies.

For mobile apps, you may be able to limit certain advertising practices using the settings on your phone, tablet, or other mobile device. Also, on most mobile devices, you can install the DAA’s AppChoices app to make choices about cross-app interest-based advertisements from participating parties. You may review additional information on opting out of mobile devices at http://www.networkadvertising.org/mobile-choice/.

The Maxx Platform uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). Google Analytics uses cookies. The information generated by the cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may use the data collected to contextualize and personalize the ads of its own advertising network. 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. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Find Google's privacy policyhere. You can also opt out of Google Analytics by downloading the Google Analytics opt-out browser add-on, available here.

HOW WE RESPOND TO “DO NOT TRACK” SIGNALS

Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, the Maxx Platform does not alter its practices when it receives a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” please visit www.allaboutdnt.com.

SECURITY

Maxx Companies use commercially reasonable security measures to help secure your Personal Information. However, no system can be guaranteed 100% secure. We therefore cannot ensure or warrant the security of any information that you transmit to us, or that we transmit to you, or guarantee that it will be free from unauthorized access by third parties. You use the Maxx Platform and provide us with information at your own initiative and risk.

USERS RESIDING OUTSIDE OF THE UNITED STATES AND CONSENT TO TRANSFER

Maxx Companies are United States companies and the Maxx Platform is operated in the United States. If you are located in another jurisdiction, please be aware that information you provide to us will be transferred to and processed in the United States and other countries. By using the Maxx Platform, or providing us with any information, you fully understand and unambiguously consent to this transfer, processing, and storage of your information in the United States and other jurisdictions, the privacy laws of which may not be as comprehensive as those in the country where you reside and/or are a citizen.

ACCESSING AND UPDATING YOUR PERSONAL INFORMATION AND YOUR CHOICES

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information. You may update the information you have provided to us by sending us an email at [email protected]. If you use our Resident Portal application, you may also update or change certain information through the application. Maxx Companies will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable. Note, however, that information may persist internally for administrative purposes and that residual data may remain on backup media for other reasons.

You may opt-out of receiving marketing emails by following the instructions provided to you in those emails. Please note that we reserve the right to send you certain communications relating to your account or use of the Maxx Platform (for example, changes to our policies or responses to communications we receive from you, such as service requests) and these transactional account messages may be unaffected if you opt-out from marketing communications.

If you sign up to receive SMS or MMS messages from Maxx Companies, you may unsubscribe by replying “STOP.” If you use the Resident Portal app, we may also send push notifications or alerts to your device. You can elect to stop receiving those messages at any time by changing the notification settings on your device.

CHANGES TO PRIVACY POLICY

Maxx Companies reserve the right to change or modify this Policy in our discretion at any time and will notify you of material changes by posting the changed or modified Privacy Policy on our Maxx Platform. We may also provide notice to you in other ways in our discretion, such as through contact information you have provided. Any changes will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified, and your continued use of the Maxx Platform after the effective date of the revised Privacy Policy (or such other act as specified in the revised Policy) will constitute your consent to those changes. However, we will not use your Personal Information in a manner materially different than what was stated at the time your Personal Information was collected without giving you the chance to consent (which may be opt-out consent or which may occur through your continued use of the Maxx Platform) to the new policy.

FOR NEVADA RESIDENTS

As we discuss above, we may disclose Personal Information collected through the Maxx Platform with third party marketing partners and in certain circumstances may receive monetary compensation in connection with this activity. If you are a Nevada resident, you may contact us to tell us that we should not sell your information by emailing us at [email protected]. For any such request, please include “Nevada Do-Not-Sell Request” in the subject line. We may ask you to provide additional information to verify your identity and that you are a Nevada resident. Note that you may still receive information or offers from third party partners where there is no exchange of monetary compensation or where we email you on behalf of a third party.

FOR RESIDENTS OF COLORADO AND UTAH

Our apartment communities are not subject to the requirements of the Colorado Privacy Act or the Utah Consumer Privacy Act because we do not meet the thresholds for applicability of those laws.

CONTACT US

If you would like more information about this Privacy Policy, or about Maxx Companies’ privacy practices, please contact us at [email protected].