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This Privacy Policy describes Picket Property Management, LLC’s/ DBA Elara or DBA ElaraOne Property Management (Elara) policy with respect to the gathering, use and dissemination of information we obtain from you in connection with your access to the Site, submission of any information through the Site, the submission of a lease application to Elara, as well as information gathered in the course of any rental relationship into which you may enter with us. This Privacy Policy will help you understand: (1) What types of personal information we collect, (2) How it is collected and protected, and (3) How it is used and shared.

This Privacy Policy applies to Elara websites and apps, if any, but does not apply to websites or apps of our affiliated entities or any other third party. If you click on a link to one of our Service Provider sites, you will be taken to websites that Elara does not control. This policy does not apply to the privacy practices of those websites. Please read the privacy policy of other websites carefully.

EU Privacy Rights.  For users that are citizens of the European Union ("EU"), this Privacy Policy is subject to the provisions of the General Data Protection Regulation ("GDPR") and other applicable privacy laws.  In such a case, we are a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data.”  We will take commercially reasonable steps to maintain compliance with GDPR requirements.  Your Personal Data may identify you as a person, and thus is often referred to as Personally Identifiable Information ("PII").

Additional State Privacy laws.  Elara complies with additional state privacy laws, inclusive of the Colorado Privacy Act, the California Consumer Privacy Act and the Virginia Consumer Data Protection Act.  The California Consumer Privacy Act (“CCPA”) of 2018 enhances privacy rights and consumer protection for residents of California. Under the CCPA, California residents have the rights to: 1) know what Personal Data are being collected about them; 2) know whether their Personal Data are sold or disclosed, and to whom; 3) say 'no' to the sale of their Personal Data; 4) access their Personal Data; and 5) not be discriminated against for exercising their privacy rights under the CCPA.  California law allows California residents to request information regarding our disclosures in the prior calendar year, if any, of their PII to third parties. To make such a request, please contact us at privacy@elara.one.  Please include enough detail for us to locate your file; at a minimum, your name, email and username, if any.  We will attempt to provide you with the requested information within thirty (30) days of receipt.  We reserve our right not to respond to requests sent more than once in a calendar year, or requests submitted to an address other than the one posted in this notice. Please note that this law does not cover all information sharing.  Our disclosure only includes information covered by the law.

IMPORTANT: By agreeing with this Privacy Policy and our Terms of Use, and by providing us with your email and telephone contact information, you further agree that we may send you information and marketing email and text messages. You may opt out from receiving such email and text messages at any time by contacting us at opt-out@elara.one.

As used in this Privacy Policy and in addition to the other terms defined in this Privacy Policy and the Terms of Use, the following terms have the indicated meanings:“Affiliate” means an entity that controls, is controlled by or is under common control with Elara; “User”, “you” or “your” means a person who (i) accesses the Site for any reason, registering for email communications, and submitting a survey response, question or request to the Site using a form or the email address links on the Site, (ii) fills out a lease application, (iii) maintains an account with, or (iv) is a resident at one of our managed properties; “User Information” means, whether individually or collectively, the Registration Information, the Tracking Information, Application Information, Consumer Report Information, Relationship Information and data from Cookies (all as defined below), and any other personally identifying information you provide or we collect or receive about you via any method from time to time. “User Information” does not include anonymized or aggregated data. “Service Provider” is a third party vendor who provides services to Elara. This includes payment processing, rental listing and marketing services, ID verification, background and credit screening and related services.

In order to use certain features of the Site, you may first be required to register and submit to Elara contact information and certain other information about you (collectively, “Registration Information”). You also may choose to send us a question through our Site or via email. We may use the Registration Information and other contact information for our internal purposes and to communicate to you: (i) in relation to any and all agreements or applications you have pending or existing with us; (ii) new and modified services offered by Elara and other businesses; (iii) special offers made available by Elara and other affiliates; and (iv) other commercial information that we believe will interest you. We may share your Registration Information and contact details with our affiliates for their analytical purposes and so that they can contact you about products or services which they believe you will find of interest. At any time, you may opt out of email marketing communications from us or from our affiliates by electing the “unsubscribe” option in the email or, for communications from us, by contacting us as at opt-out@elara.one. Residents who opt out of marketing communications will continue to receive communications regarding their relationship with Elara even after such opt-out.

When you access the Site, we capture, record and retain general data about your use of the Site including, without limitation, your domain name, your Internet protocol (IP) address, the name and location of the web page from which you entered the Site, the locations you visit within the Site and the amount of time you spend on each page of the Site (collectively, “Tracking Information”). Elara uses Tracking Information to help administer, update and enhance the Site.

When you submit a lease application to Elara, its agents, or a Service Provider, you authorize Elara or our Service Provider to obtain credit and other background screening information about you from third parties (“Consumer Report Information”) as permitted by law, including the Fair Credit Reporting Act. We may collect Consumer Report Information regarding Users who have lease agreements with us at any time during their lease if necessary for a legitimate business need (for example, considering lease renewal or if there are late or missed payments). We use that information to evaluate your application.

If you become an Elara resident, we will collect information about you, including your rental payment amount and history, account balance information, communications, and our experiences with you as a resident. We will also store documents associated with your tenancy, such as rental application, executed lease & lease addendums, certificate of renter’s insurance, maintenance requests, and the like (collectively, “Relationship Information”). We use and share Relationship Information with our affiliates and agents for internal analytics, marketing, or other business purposes.

Elara does not sell, trade, or rent User Information to non-affiliated third parties. However, Elara does disclose User Information to non-affiliated third parties (Service Providers) that provide services to Elara or its agents, to fulfill a transaction you have requested or with your consent, in each case only for the purposes provided or disclosed. Notwithstanding anything to the contrary in this Privacy Policy, we also may disclose User Information as may be required by law, governmental order or any governmental authority.

Cookies

“Cookies” are pieces of data sent from a Web server to a Web browser that enable a Web server to identify users that visit a Site hosted by the server. This information also may include the browser name, the type of computer, and technical information about Users’ means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information. Elara uses Cookies to enhance the operation of our Site and to identify Users on the Site so that we can provide you with more customized information and services. At your discretion, you may configure your Web browser not to accept cookies from our Site. However, if you do not accept cookies from our Site, you may lose access to the Site or experience decreased Site performance.

Elara may store your User Information for so long as required by law or as reasonably necessary for the purposes set out in this Privacy Policy or to protect or enforce our rights.

Elara does not change its Site practices in response to web browser “do not track” signals or other mechanisms that provide individuals the ability to exercise choice regarding the collection of personal information about their online activities over time and across third-party Sites or online services. Elara does not knowingly permit third parties to collect personal information about our Users’ online activities over time and across different Sites.

We do not knowingly collect personally identifying information from minors. If you are a parent or legal guardian and think your child has given us information, you can contact us at the address set out below to request that the information be deleted. Please mark your inquiries "COPPA Information Request."

In addition to any other uses described in this Privacy Policy, you agree that Elara may extract and process User Information for the purpose of creating anonymized or aggregated data. Such data shall not be personally identifying. Elara or its affiliates may use and disclose such data – which shall not be considered User Information – to any third party and for any purpose. We will preclude, via contractual or technical means, any recipient from re-identifying the information provided.

We may use Technologies and other third-party tools to process analytics information on our Services. Our current analytics partners include:Google Analytics. Google Analytics provides statistics and analytical tools to assist with search engine optimization and marketing purposes. For more information, please visit https://policies.google.com/technologies/partner-sites. You can opt out of Google's collection and processing of data generated by your use of the Services here.

Elara’s experienced industry team has taken precautions to protect the Site data and information under our control from misuse, loss or alteration. Elara deploys security measures designed to provide a level of security appropriate to the risk. Unfortunately, no system can ensure complete security, and you should take steps to protect your information and transmissions. You must decide the security measures that are appropriate for you; however, common examples are keeping your login identification and password secure and making sure you completely log out when you have finished using any access-restricted section of the Site.

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.

If you are a California Consumer, you have certain rights with respect to the collection, use, transfer, and processing of your “Personal Information”, as defined by the California Consumer Privacy Act (CCPA). We reserve the right to limit these rights where permitted under applicable law, including where your identity cannot be reasonably verified or to the extent your rights adversely affect the rights and freedoms of others. To exercise any of the rights below, please contact us via the contact information below. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. California Civil Code Section § 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.

To make such a request, please send an e-mail to opt-out@elara.one or write us at: 
PO Box 22389PMB 64753
Nashville, Tennessee 37202-2389
Attention: Compliance Department

individual Rights

Right to Know About Personal Information Collected, Disclosed, or Sold

‍You have the right to request that Elara disclose the Personal Information it collects, uses, and discloses about you to third parties. There are two types of Right to Know requests you can make:

1. Right to Know (Categories of Information): Upon verifiable request, you will receive the following information about you:
(a) Category of personal information collected, (b) Categories of sources from which that information was collected, (c) The business or commercial purpose(s) for which the information was collected, (d) The categories of third parties to whom Elara sold or disclosed the category of personal information for a business purpose, and (e) The business or commercial purpose for which Elara sold or disclosed the category of personal information.
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2. Right to Know (Specific Pieces of Information Request): If you make a Right to Know (Specific Pieces of Information Request), you will receive the following information about you: Specific pieces of Personal Information collected about you.

Elara does not sell any Personal Information of California consumers. This information will be provided to you free of charge, unless Elara determines that your request is manifestly unfounded or excessive. You may request this information twice in a 12-month period.

‍In the preceding 12 months, we have not sold Personal Information about consumers.

In the preceding 12 months, we have not sold Personal Information about minors.

Right Of Deletion

You have the right to request that Elara and our service providers delete any Personal Information about yourself that Elara has collected from you upon receipt of a verifiable request. This right is subject to exceptions.You have the right to request that Elara and our service providers delete any Personal Information about yourself that Elara has collected from you upon receipt of a verifiable request. This right is subject to exceptions.

Submitting Requests

You may also submit your request by email to opt-out@elara.one.

Verifying Requests

Elara provides California Consumers with the ability to submit requests through our email address. Elara must verify that the person requesting information or deletion is the California Consumer about whom the request relates in order to process the request. To verify a California Consumer’s identity, we may request up to three pieces of Personal Information about you when you make a request to compare against our records. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity. Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in your request to verify your identity and will delete any information you provide after processing the request. Elara reserves the right to take additional steps as necessary to verify the identity of California Consumers where we have reason to believe a request is fraudulent.

Authorized Agent

You may choose a person registered with the California Secretary of State that you authorize to act on your behalf to submit your requests (“Authorized Agent”). If you choose to use an Authorized Agent, Elara requires that you provide the Authorized Agent with written permission to allow them to submit your request and that you verify your identity directly with Elara. Failure to do so may result in Elara denying your request.

Right to Equal Service

Elara will not discriminate against you because you exercised any of your rights, including, but not limited to, by: (1) Denying goods or services to you. (2) Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties. (3) Providing a different level or quality of goods or services to you. (4) Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

What Happens When There Are Changes To this privacy Policy

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected unless we obtain your consent. If we make material changes to this Privacy Policy, we will notify you by posting an announcement on the Services for a period of time. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted.

You can contact Elara with any questions or concerns in regard to this privacy policy at privacy@elara.one, or at the following address:

Elara
Attn:  Compliance Department
PO Box 22389PMB 64753
Nashville, Tennessee
37202-2389