Privacy Policy
This privacy policy (the “Privacy Policy” or “Policy”) of Marsh Properties, LLC (“Company,” “we,” “us,” or “our”) describes our privacy practices regarding personal information we collect, including from persons (“you” or “your”) who access or use our websites, RealPage Resident Portal, or our related subdomains, or mobile applications that may be available for download (collectively, the “Site”).
DISCLAIMER REGARDING THIRD PARTIES
The RealPage Resident Portal is operated by a third party, RealPage, Inc. or one of its subsidiaries (individually or collectively, “RealPage”). To access the privacy policy of RealPage, please visit: https://www.realpage.com/legal/privacy-policy. We have no control over the privacy practices of RealPage, and we ask that you read RealPage’s privacy policy carefully. Our Privacy Policy does not apply to RealPage’s own and separate operations, including RealPage’s operation, support, and maintenance of the Resident Portal and the data it collects, stores, and processes about you.
Similarly, we may engage from time to time various third-party service providers to assist us with better serving you. When you interact with the products or services of these third parties, your interactions will be subject to the privacy policies and practices of those third parties. We will provide an opportunity for you to review the applicable privacy policies and practices that are made available to us by the third parties.
It is your responsibility to inform yourself regarding those third-party privacy policies. We encourage you to read them carefully because they contain important information about your rights and obligations, including with respect to the recording of phone calls, electronic communications, the use of artificial intelligence tools, and the sharing of information with third parties.
The third-party service providers, and their applicable policies as made available by them to us, are as follows:
- AppWork: https://appworkco.com/privacy
- Conservice: https://www.conservice.com/privacy-policy/
- Knock: https://www.knockcrm.com/privacy-policy/
- Elise AI: https://eliseai.com/policy
GENERAL PURPOSE OF THIS PRIVACY POLICY
The purpose of this Privacy Policy is to inform you about the types of personal information you provide to us or we gather about you, including personal information gathered when you visit the Site, and personal information we may receive from third parties or affiliates, how we may use that information, whether we disclose that information to anyone, and the choices you have regarding our use of the information.
This Policy does not cover information about our employees, contractors, job applicants and information processed exclusively in the context of a person acting in a business or non-personal capacity.
THE SITE IS NOT INTENDED FOR CHILDREN AND COMPANY DOES NOT KNOWINGLY SOLICIT OR COLLECT PERSONAL INFORMATION ON THE SITE FROM CHILDREN UNDER THE AGE OF 13. IF COMPANY LEARNS THAT A CHILD UNDER THE AGE OF 13 HAS SUBMITTED PERSONALLY IDENTIFIABLE INFORMATION TO COMPANY 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).
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.
Company may amend this Privacy Policy from time to time in its sole discretion. We will post those changes on the Site or update the Privacy Policy date below. Your continued use of the Site following any such modification constitutes your acceptance of the modified Privacy Policy. In certain cases, you will be notified via email or by a notice on the Site.
PERSONAL INFORMATION COLLECTED IN THE PAST 12 MONTHS
We collect, process and store various types of Personal Information. For purposes of this Policy, “Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include de-identified or aggregate information, or public information lawfully available from governmental records.
Personal Information we collect may include: your name, email addresses, postal addresses, postal codes, user Internet Protocol (IP) addresses, social security/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 residents and visitors. We may also collect information about you such as your use of the Site and communication preferences.
Your Personal Information may be retained for as long as you use the Site or our products and services. Retention periods may be extended if we are required to preserve your personal information because of actual or anticipated litigation or arbitration, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.
We do not and will not sell your Personal Information. We do not share your Personal Information with third parties for their direct marketing purposes unless we have your consent.
Additional Information about How We Collect and Share Your Personal Information
With respect to each of the categories of data above, we may also collect and share Personal Information with third parties to comply with legal obligations; when we believe in good faith that an applicable law requires it (including pursuant to a subpoena); at the request of governmental authorities or other third parties conducting an investigation; to detect and protect against fraud, or any technical or security vulnerabilities; to respond to an emergency; with contracted service providers; or otherwise to protect the rights, property, safety, or security of our business, third parties, visitors to our websites and mobile apps, or the public. We may also share Personal Information with any person to whom we transfer any of our rights or obligations under any agreement, or in connection with a sale, merger or consolidation of our business or other transfer of our assets, whether voluntarily or by operation of law, or who is otherwise deemed to be our successor or transferee.
PERSONAL INFORMATION WE WILL CONTINUE TO COLLECT. We will continue to collect the same categories of Personal Information listed above, for the same purposes.
USE OF COOKIES AND OTHER TECHNOLOGIES.
Like many other website operators, Company 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, Company may use other now known or later developed technologies, to assist Company 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.
Our service providers may use cookies and those cookies may be stored on your computer when you visit our website.
Our 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 Company 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 Company’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. The use of cookies by Google Analytics is covered by Google’s privacy policy: https://www.google.com/policies/privacy/.
TRACKING PIXELS. In addition to the cookies and technologies described above, the Site deploys tracking pixels (also known as web beacons or pixel tags) to help us understand how users interact with the Site, measure the effectiveness of our communications, and improve our services. A tracking pixel is a small, transparent image or code snippet embedded in a webpage or email that transmits information about your activity back to the pixel provider’s servers. The following tracking pixels are currently deployed on the Site:
Google Analytics Tracking Pixel (gtag.js). The Site uses Google’s global site tag (gtag.js), which functions as both a cookie-based analytics tool and a tracking pixel. The gtag.js pixel collects data about your browsing behavior on the Site, including pages visited, time spent on each page, referring URLs, browser type, device information, and your IP address. This data is transmitted to Google’s servers and may be processed in jurisdictions outside your country of residence. Google may use this data in accordance with its own privacy policy (as may be amended from time to time), available at https://www.google.com/policies/privacy/. You may opt out of Google Analytics tracking by installing the Google Analytics Opt-Out Browser Add-On, available at https://tools.google.com/dlpage/gaoptout.
Knock CRM Tracking Pixel. The Site uses a tracking pixel provided by Knock CRM, a customer relationship management platform used by Company to manage prospective and current resident communications. The Knock CRM pixel collects data about your interactions with the Site, including pages viewed, actions taken (such as submitting a contact form or scheduling a tour), browser and device information, and IP address. This data is transmitted to Knock CRM’s servers and is used by Company to manage leads, optimize the leasing process, and improve our services. The data collected by the Knock CRM pixel may be shared with Company’s property management partners to facilitate leasing and resident services. For more information about Knock CRM’s data practices, please refer to Knock CRM’s privacy policy (as may be amended from time to time), https://www.knockcrm.com/privacy-policy/.
You can choose to delete, allow or block existing cookies and/or certain other technologies, and set preferences for certain websites in your browser’s settings and via the cookie/technology management tool available on the Site. Please note you may not be able to use the full functionality of the Site if you choose to block all cookies.
EMAIL AND TEXT MANAGEMENT. You may receive emails and texts from Company, including from our AI agent, for a variety of reasons. We respect your desire to manage email and text correspondence. If you have an account with Company on the Site, you can select your preferences through your account settings. You can also manage your receipt of certain 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 information relating to your unit, the management of the property, and other important transactional or administrative information.
THIRD-PARTY SERVICES AND WEBSITES. This Privacy Policy applies solely to information collected by Company. This Privacy Policy does not apply to any third party services or other websites that are accessible through this Site, including but not limited to any third-party services or websites identified above.
ACCESSING, REVIEWING AND CHANGING YOUR CONTACT INFORMATION. As an account holder, you can see, review and change most of your contact information associated with your account profile by logging into your account and editing your account profile. For assistance, you may contact us using one of the methods listed below. With some exceptions, you have the right to see what Personal Information we hold about you. We can help you identify what records we might have about you. We may need to confirm your identity before providing you with this access, and if we cannot verify your identity with the degree of certainty required, we will not be able to respond to your request. If we cannot give you access, we will tell you within 45 days of receipt of your request and provide you with a reason, as best we can, as to why we cannot give you access. Your account access will be terminated when you are no longer a resident, and in that event Company may retain your Personal Information in accordance with this Policy and applicable law.
PERSONAL INFORMATION OF MINORS. The Site is not directed to minors under the age of 16 and we do not knowingly collect Personal Information from minors. We may collect Personal Information of minors, provided by parents or guardians, in connection with the application and rental of a unit, or the provision of property management services. We do not sell the Personal Information of minors.
DO NOT TRACK. “Do Not Track” is a privacy preference that users can set in certain web browsers. We do not respond to browser or “do not track” signals.
ACCESSIBILITY. We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us using one of the methods below.
DATA SECURITY. We implement commercially reasonable administrative, technical, and physical safeguards designed to protect your Personal Information from unauthorized access, use, alteration, or destruction. However, no method of transmission over the Internet or method of electronic storage is completely secure, and we cannot guarantee absolute security. You acknowledge that you provide your Personal Information at your own risk. Company shall not be liable for any unauthorized access to, or use of, your Personal Information that is beyond Company’s reasonable control.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS PRIVACY POLICY, THE COLLECTION, USE, OR DISCLOSURE OF YOUR PERSONAL INFORMATION, OR ANY BREACH OR ALLEGED BREACH OF THIS POLICY, REGARDLESS OF THE THEORY OF LIABILITY. COMPANY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS POLICY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY.
GOVERNING LAW. For all legal proceedings arising out of use of the Site and/or relating to the Privacy Policy, this Privacy Policy and the relationship between you and Company shall, irrespective of any choice of laws rules, be governed by and construed in accordance with the laws of the State of North Carolina. You and Company hereby irrevocably and unconditionally submit to the jurisdiction of courts located in the County in the State of North Carolina in which the property is located or the court of competent jurisdiction closest thereto if no court of competent jurisdiction resides therein, and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. You and Company irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
SEVERABILITY. If any provision of this Privacy Policy is found by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
CONTACT US
If you have questions regarding our Privacy Policy or the collection or use of your Personal Information, you can contact us using any of the methods below:
Marsh Properties Leasing Center
215 Poindexter Drive
Charlotte, NC 28209
Phone: 704.523.4245
Fax: 704.523.6564
Email: live@marshproperties.com