Privacy Policy

Notice: H.G. Fenton is adopting a new Privacy Policy, which is set forth below in full, effective as of April 16, 2017.

H.G. FENTON COMPANY PRIVACY POLICY
Last Revised: March 17, 2017

1. GENERAL

This H.G. Fenton Company Privacy Policy (“Privacy Policy”) describes how H.G. Fenton Company and its affiliates (collectively, “Fenton,” “we” “us” or “our”) treat and use data and information about you (“user”, “you” or “your”) that Fenton collects and receives from and about you through and from the Websites (as defined below), the Services (as defined below), and third parties.

The “Websites” means all websites operated now and in the future by or for Fenton, any websites or internet locations to which this Privacy Policy is linked, and include without limitation: hgfenton.com, hgfentonhomes.com, scrippslanding.com, tierrasantaridge.com, solanahighlands.com, seagatecondorentals.com, eldoradohillsapts.com, belladelmarapts.com, riverfrontrentals.com, clubriverrun.com, portofinoapthomes.com, creekview.info, eveningcreek.info, aquateraliving.com, urbanalivingsd.com, solterraecoluxuryapts.com, breweryigniter.com, revitalizingsh.com, livevici.com, amolittleitaly.com, silvertonbc.com and all other Fenton websites linked to these Terms now or in the future.

The “Services” means those services, products or features Fenton may offer from time to time on or through one or more of the Websites, including, without limitation, listings of available residential and commercial properties, online rental application services, online rental or lease payment services, online service request capability, community classifieds, online career center and job application capability, testimonial submission center, community rewards programs, and event calendars and newsletters.

We want you, our user, to understand how we collect and use data about your visit to the Websites, specifically the portions of the Websites or Services that require you to register and/or log in to gain access, fill out forms or otherwise provide information about you. You can choose not to provide us with this information, but certain portions of the Websites or certain Services may not be available
to you.

2. ACCEPTANCE OF PRIVACY POLICY

This Privacy Policy is made part of, and incorporated into, Fenton’s Terms of Use (“Terms”) by reference. As described more thoroughly in the Terms, by accessing or using each Website and Service, and, where prompted, clicking “I agree” or “Click to Consent,” you acknowledge that you have read, understood and agree to be bound by the Terms, including this Privacy Policy, which form an agreement that is effective as if you had signed it.

3. TYPES AND COLLECTION OF INFORMATION

3.1. Personally identifiable information.

3.1.1. Personally identifiable information You Provide.
In connection with your use of the Services we may ask you to provide personally identifiable information on the Websites, which may include your first and last name, home address, former home addresses, email address, home telephone
number, mobile telephone number, employer name, work address, employment history, gender, birth date, age, personal traits and likeness, Social Security number (“SSN”), password, credit or debit card number or other payment method,
billing information, preferences for products or services, shopping and entertainment, financial information and other information about you that is not otherwise publicly available. We also might ask you about relevant details
about a property that interests you. These details may include whether the location is a business or residence, the location, and the square footage, to give some examples. This information can be gathered when you send us an e-mail or when
you complete the specific web page request or registration form. In all such cases you choose whether to provide us with the personally identifiable information, but certain portions of the Websites or certain Services may not be available to you or we may not be able to respond to your inquiry effectively if you do not provide the personally identifiable information
requested.

3.1.2. Personally identifiable information Acquired From Third Party Sources.  Fenton also may acquire personally identifiable information about you from publicly available sources, social media platforms, third party providers of Services available on the Websites, vendors and other third parties that may share information as permitted in their privacy policies. For example, we may obtain personally identifiable information about you from our third party payment processing  providers, currently ClickPay and Entrata, in order to process rental and lease payments. In addition, if you register to use certain Services available through the Websites using login credentials from an account you have with a third party, such as a Facebook, Twitter, YouTube, Vimeo or Google account, you give us express permission to receive data from such third party. Fenton may combine personally identifiable information and other information collected as described above with  information available from other sources (such as other platforms, analytics services, offline records or publicly available information). If the combined information, or any other non-personal information that Fenton collects about you, is maintained, used or shared in a manner that associates it with you, your name, contact information (online or offline) or other personal information, we will treat such information as personally identifiable information.

3.2. Anonymous Information. We also collect certain anonymous or non-personal data regarding your usage of the Websites. This information does not personally identify users, by itself or in combination with other information. We gather it to improve the performance of the Websites and our Services. The non-personal data we collect can include, but is not limited to, information such as the type of browser you are using, your Internet Protocol address, the pages you view, and the length of your visit to the Websites, your media access control (MAC) address, the pages you request, type of computer or device you use, the operating system you use (e.g., Microsoft Windows, Mac OS, Google Chrome OS, iOS or Android), the type of browser you use (e.g., Firefox, Chrome, Internet Explorer or Safari), the domain name of the Internet service provider, your activities while visiting or using the Websites or Services and the content you access or view, the time of your visit to or use of the Websites or Services, your general geographic location such as the city from which your computer or device is connecting to the Internet, information regarding the websites you visit prior to and after visiting the Websites or using the Services, information regarding your Internet location when you see Fenton’s ads and whether you click on such ads, information regarding your age, gender
and interests with respect to products and services.

3.3. Cookies. Cookies are bits of electronic information that can be transferred to your computer or other  electronic device to uniquely identify your browser. When you use the Websites and Services, we may place one or more cookies on your computer or other electronic device. We may use cookies to connect your activity on the Websites with other information we store about you in your account profile or your prior interactions on the Websites to, for example, store your preferences. The use of cookies helps us improve the quality of the Websites and Services for you, by identifying information which is most interesting to you, tracking trends, measuring the effectiveness of advertising, or storing information you may want to retrieve on a regular basis, such as your favorite properties. At any time, you may adjust settings on your browser to refuse cookies according to the instructions related to your browser. You may also adjust settings on your mobile device and mobile browser regarding cookies and sharing of certain information, such as your mobile device model or the language your mobile device uses, by adjusting the privacy and security settings on your mobile device. Please refer to the instructions provided by your mobile service provider or mobile device manufacturer. However, if you choose to disable cookies, many of the Websites and Services will not operate properly.

3.4. Web Beacons The pages on the Websites may include Web beacons or pixels, which are electronic files to count  users who have visited that page, to track activity over time and across different websites, to identify certain cookies on the computer or other electronic device accessing that page, or to collect other related information, and this information may be associated with your unique browser, device identifier, or Internet Protocol address. We may, for example, implement a pixel on the pages of the Websites where you view a certain advertisement so that we can track whether you visit a website associated with that advertisement at a later time.

3.5. Third Party Analytics, Cookies, Web Beacons and Other Tracking Tools. We use Google Analytics, which collects information about our users of our Websites and reports usage trends to us, without identifying individual visitors. Google Analytics may collect similar information from you when you are on other websites. To learn more about Google Analytics, including how to opt out of it, please visit https://tools.google.com/dlpage/gaoptout.

We do not currently use other third party analytics programs or knowingly permit third parties to use cookies, web beacons, or other tracking on or from our Websites.

3.6. Do Not Track.
California law requires us to let you know how we respond to web browser Do Not Track (DNT) signals. Because there currently isn’t an industry or legal standard for recognizing or honoring DNT signals, we don’t respond to them at this time. We await the result of work by the privacy community and industry to determine when such a response is appropriate and what form it should take.

4. USE AND DISCLOSURE OF INFORMATION

4.1. Use and Disclosure of Personally identifiable information.

4.1.1. Uses by Fenton. Fenton uses the personally identifiable information you provide and it collects through the Websites in a manner that is consistent with this Privacy Policy and applicable law. If you provide personally identifiable information for a certain reason, we may use it in connection with the reason for which it was provided. For instance, if you contact us by email or submit a request through the Websites, we may use the personally identifiable information you provide to answer your question, complete your transaction, evaluate your application or resolve your problem. We use the information collected through the Websites for statistical purposes and for improving the Websites, as well as for our marketing purposes and potentially sending commercial emails to you. We often engage a third party’s software or services to assist us with these collections and analyses. As a practical matter, we must release your mailing address to a postal or courier service to deliver information you requested. We use third parties to assist us with our marketing efforts, including assisting us with sending emails to you. This may include sending you free electronic newsletters and marketing-related emails for Services described on our Websites. However, you will have the choice to opt out of receiving newsletters and marketing emails as described below in Section 6, CORRECTING OR REMOVING YOUR PERSONALLY IDENTIFIABLE INFORMATION/OPT OUT. On certain of our Websites pages where you have submitted detailed information concerning potential properties, job postings or other Services, we will use this information only for the purposes of contacting you and determining which job, property or service and so forth may be most relevant to you.

4.1.2. Sharing with Third Parties. We will only share personally identifiable information that you provide to us or we collect to third parties in the following circumstances:

  • Consent: When you consent or direct Fenton to share the personally identifiable information. For example, if  you apply for an apartment or job through the Services, your name and certain other personally identifiable information will be disclosed to your references.
  • Service providers to Fenton:
    When Fenton hires a service provider to help operate our business or provide the Services Fenton may give such service provider access to personally identifiable information only as necessary to perform the service for Fenton, and subject to the terms of this Privacy Policy.
  • Partners with whom we conduct business: Fenton may give business partners access to personally identifiable information only as necessary to offer products and services with those business partners, and subject to the terms of this Privacy
    Policy
  • Legal obligation or protection from harm: When Fenton has a good faith belief that access, use, preservation or disclosure of your personally identifiable information is reasonably necessary to (a) satisfy any requirement of law, regulation, legal process, or enforceable governmental request, (b) enforce or investigate a potential violation of the Terms, (c) detect, prevent, or otherwise respond to fraud, security or technical concerns, (d) support auditing and compliance functions, or (e) protect the rights, property, or safety of Fenton, its users, or the public against harm.
  • Merger or sale: If and when Fenton is involved in a merger, acquisition, or any form of transfer or sale of some or all of its business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, your personally identifiable information may be transferred along with the business.

 

4.1.3.  Marketing Uses by Third parties. We do not disclose personally identifiable information to third parties for their marketing purposes without your prior consent. Fenton works closely with certain businesses to provide you with
property information and services. Sometimes these businesses make special offers available to visitors to the Websites. If you request to receive information about these offers, we will share your personally identifiable information with these companies so that they can send you details about their special offers. Each of these companies has its own privacy policies with respect to the collection and use of personally identifiable information and we are not responsible for their use of your information.

4.1.4. Personally Identifiable Information You Disclose.
We may collect and use any personally identifiable information you may submit in public areas of the Websites, subject to this Privacy Policy. However, you, not Fenton, are responsible for any personally identifiable information you choose to submit in any public area of the Services or Websites.

4.2. Use and Disclosure of Non-Personal Information. Fenton may use your non-personal information in a variety of ways, including, without limitation, to administer and improve the Websites and Services, improve navigation of the Websites upon your return visit, analyze and develop marketing and advertising campaigns, provide you with special offers and promotions and
determine their effectiveness, customize the content or functionality of Websites to your preferences, and analyze trends and site usage. Fenton may share or disclose your non-personal information with or to employees and service providers who Fenton reasonably believes need such information to perform the foregoing tasks, Fenton also may use, disclose or share your
non-personal information in any other way it desires. If any aggregated non-personal information or de-identified non-personal information becomes identifiable to a person, Fenton will treat such information as personal information. We will ask our contracting parties to agree to keep the aggregated non-personal information and de-identified non-personal information in its aggregated or de-identified form.

 

5. THIRD PARTY WEBSITES

Please be aware that our Websites may contain links to other sites on the Internet that are owned and operated by third parties, including, without  limitation, third party providers of certain Services such as our third party payment processing providers, currently ClickPay and Entrata. The information practices of those websites linked to our Websites are not covered by this Privacy Policy and we are not responsible for the privacy policies of websites to which the Websites link. If you provide any information to such
third parties websites, different rules regarding the collection and use of your personally identifiable information may apply. We strongly suggest you review such third party’s privacy policies before providing any data to them. These other sites may send their own cookies or web beacons to users, collect data or solicit personally identifiable information. We cannot control this collection of information. You should contact these entities directly if you have any questions about their use of the information that they collect.


6. CORRECTING OR REMOVING YOUR PERSONALLY IDENTIFIABLE INFORMATION/OPT
OUT

You are responsible for ensuring  that the personally identifiable information you have submitted through the Websites is accurate and complete. To review or change your personally identifiable information collected by Fenton, please send your request, including the Website or line of business to which your request pertains, to generalcounsel@hgfenton.com or to:

H.G. Fenton Company
Attn: General Counsel
7577 Mission Valley Road
San Diego, California 92108

If you want to unsubscribe from an email or newsletter list of Fenton, please let us know by following the “Unsubscribe” instructions that are included in each promotional email from Fenton. Please note that such requests may take up to ten (10) business days to become effective. You may not opt out of receiving communications regarding your purchases, transactions, dealings with the Websites, technical information about the Websites, or other important transactional or administrative matters.

7. INFORMATION SECURITY, RENTENTION AND STORAGE

We have implemented various reasonable security measures for the purpose of protecting your personally identifiable information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against other unlawful forms of processing. No transmission of information via the Internet can be entirely secure, however, so please always use caution when submitting personally identifiable information to the Websites and Services. You acknowledge that personally identifiable information will be processed and stored by Fenton in databases hosted in the United States. We will retain your personally identifiable information for as long as you have an active account, as needed to provide you with the Services, to comply with our legal, financial reporting, or compliance obligations, and to enforce this Privacy Policy and our Terms.

8. CHILDREN

The Websites are directed to persons 18 years of age or older. Fenton and the Websites do not knowingly collect information from or provide Services to children under age 18. If you are under age 13, you are not permitted to use the Websites or any Services therein, or to submit any personally identifiable information to the Websites. Please see the Terms for more information regarding use of the Websites and Services by persons under age 18.

9. INQUIRIES, CORRECTIONS AND COMPLAINTS

If you have questions or concerns regarding this Privacy Policy or about privacy at our Websites, please contact us by sending an email to generalcounsel@hgfenton.com or mailing an inquiry to the address set forth below and we will try to resolve it.

H.G. Fenton Company
Attn: General Counsel
7577 Mission Valley Road
San Diego, California 92108

 

10. MODIFICATIONS OF THE PRIVACY POLICY

We reserve the right to modify this Privacy Policy at any time. We encourage you to frequently review the Privacy Policy for any modifications. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” legend at the top of this page. Any changes in this Privacy Policy take effect upon posting and apply only to use of the Websites and information collected from you on and after Last Revised date, unless we provide notice or have other communications with you. Links to archived previous versions of the Privacy Policy are set forth below.

H.G. Fenton Company Privacy Policy effective until April 16, 2017