Adil Esmail and its affiliated entities (“Explore Markham”) is committed to protecting the privacy of individuals and achieving and maintaining the trust of our clients (“Adil Esmail Clients” or “Clients”) and other users of and visitors to Adil Esmail websites (collectively, “Visitors”). Central to this mission is providing a robust security and privacy program that carefully considers data protection matters across the suite of products and services offered by Adil Esmail (“Adil Esmail” or “Services”), including data stored by Adil Esmail on behalf of his Clients and their customers in connection with our Services (“Client Data”), and with respect to “personal data,” as defined by the European General Data Protection Regulation (“GDPR”), and “personal information,” as defined by the California Consumer Privacy Act of 2018 (“CCPA”) (collectively, “personal information”).
Web Sites Covered
IMPORTANT: THIS PRIVACY STATEMENT DOES NOT APPLY TO CLIENT DATA Adil Esmail’s confidentiality/privacy and other obligations with respect to its Services, and Client Data (which is data collected and controlled by Adil Esmail Clients as part of Adil Esmail’s cloud services), are governed solely by the agreements under which the Services are provided to our Clients. The traditional licensees of Adil Esmail Services are residential and commercial real estate property owners and property managers (again, collectively, as used in this Privacy Notice, “Adil Esmail Clients” or “Clients”). Adil Esmail generally has no direct relationship with the individuals to whom our Clients’ Client Data may pertain; Adil Esmail merely hosts or processes such data on behalf of our Clients.
If you have any questions about the data practices of a Adil Esmail Client that uses Adil Esmail Services to process your personal information, please contact the Adil Esmail Client directly. To reach out to your property manager, simply look up your apartment community on RENTCafé – first choose your city and you’ll then have the option to perform a search by property name. Once you’ve found your apartment community, you will see helpful information listed (phone no. included) that you can use to contact your property manager.
Web Sites Not Covered
Some Adil Esmail Services enable Adil Esmail Clients to create websites and applications of their own that run on the Adil Esmail platform. The terms of service and privacy notice of the Adil Esmail Client govern such websites. If you submitted personal information to a Adil Esmail Client- controlled website or application (e.g. property branded RENTCafé resident portals) and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with the Adil Esmail Client directly.
The Adil Esmail Sites may contain links to other third-party websites. The information practices or content of such other websites is governed by the privacy statements or notices of such other websites. Adil Esmail encourages you to review the privacy statements or notices of such other websites to understand their information practices.
General Data Protection Regulation (“GDPR”)
Some countries, including countries in the European Economic Area (“EEA”), impose certain responsibilities on data controllers and data processors. A company is a data controller when it has the responsibility of determining why and how personal information is processed, whereas a company is a data processor when it processes personal information on behalf of a data controller. Adil Esmail is a data processor and not a data controller under GDPR with respect to Client Data. Adil Esmail Clients are data controllers because they make all decisions about how or why Client Data, containing personal information or not, is to be processed, including any disclosure or transmission to third parties. If personal information pertaining to you as an individual has been submitted or entered into a Adil Esmail Service by or on behalf of a Adil Esmail Client, or was otherwise collected by a Adil Esmail Service on behalf of a Adil Esmail Client, and you wish to exercise any rights you may have to access, correct, amend or delete such Client Data, please inquire with the Adil Esmail Client directly. If an authorized Adil Esmail Client requests that we update or remove the data in question and the Client has no ability to do so via use of the Services, we will acknowledge their request within 30 days.
California Consumer Protection Act (“CCPA”)
If you are a California resident, you may have certain rights with respect to personal information, as set forth in Cal. Civ. Code 1798.100 et seq. This “Rights of Individuals” section of this Privacy Statement addresses those California-specific rights as applied to the CCPA-covered information, including the right to request information about the personal information we collect and share and to request access to and deletion of such information consistent with the provisions of the law. Please note that most of the personal information Adil Esmail collects and maintains Adil Esmail maintains on behalf of Adil Esmail clients, as a service provider to those Adil Esmail clients. As a result, Adil Esmail clients’ privacy policies, not this Privacy Statement, cover that information. As a result, if you make a request to us with respect to such data, we will refer you to the Adil Esmail client (for instance, property management companies) on whose behalf we may maintain the information to assist you with your request.
Canada Personal Information Protection and Electronic Documents Act (“PIPEDA”)
To the extent it is applicable, this Privacy Statement is made under the Personal Information Protection and Electronic Documents Act. There are some rare exceptions to the commitments set out in this Privacy Statement.
Privacy Laws of Other Territories
This Privacy Statement is made under the privacy laws of other territories not described above, to the extent they are applicable.
Rights of Individuals
Rectifying Personal Information Submitted on Adil Esmail Sites
If we have collected and processed your personal information based on your consent, you can withdraw your consent at any time by contacting us using the Privacy Feedback form. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
Visitors who wish to correct, update, change, or erase the personal information they submit on certain Adil Esmail Sites should be able to go back to the applicable registration page or web form to edit their user or organization record. However, some of the information voluntarily submitted that is not personal information, such as a response to a poll or a survey, is typically aggregated and thus not correctable, updatable, changeable, or erasable. For additional information or problems accessing your information from such page, call us at +1 (805) 699-2040, or contact us using our Privacy Feedback form. If you consider that we have processed your personal information in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with the data protection supervisory authority in your country.
Your Right To Request Disclosure of Information We Collect And Share About You
Adil Esmail is committed to ensuring that you know what information we collect about you. You can request the following information from us, with respect to personal information we have collected:
Adil Esmail will respond to such requests if required by law, in which case the response will cover the 12-month period preceding our receipt of the request.
Your Right To Request the Deletion of Personal Information We Have Collected
Upon receiving a deletion request covered by the GDPR, the CCPA, or other applicable privacy law with respect to Adil Esmail Sites, Adil Esmail will delete the personal information we have collected about you, except for where we have a legitimate business purpose to retain such information, or situations where specific information is necessary for us to: provide you with a good or service that you requested, perform a contract we entered into with you, maintain the functionality or security of our systems, or comply with or exercise rights provided by the law. The law also permits us to retain specific information for our exclusively internal use, but only in ways that are compatible with the context in which you provided the information to us or that are reasonably aligned with your expectations based on your relationship with us.
We Do Not Sell Personal Information
Adil Esmail does not and will not sell personal information to third parties and has not sold personal information within the last 12 months.
We Are Committed To Honoring Your Rights
If you exercise any of the rights explained in this Privacy Statement, Adil Esmail will continue to treat you fairly. In particular, this means that if you exercise any rights under this Statement, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others.
How Adil Esmail Will Respond to a Request to Exercise Your Rights
For individual rights requests covered by the CCPA, Adil Esmail will provide a substantive response to your request generally within 45 days from when we receive it, although it may take longer under certain circumstances. For individual rights requests covered by the GDRP, Adil Esmail will provide a substantive response to your request generally within 30 days from when we receive it, although it may take longer under certain circumstances. For individual rights requests covered by other applicable laws, Adil Esmail will provide a substantive response within the timeframe set forth in such law. In some cases, the law may allow us to refuse to act on certain requests. When this is the case, we will endeavour to provide you with an explanation as to why.
We may ask you for additional information to verify your identity for purposes of responding to a request you have made. If Adil Esmail is unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.
You may designate an agent to submit requests on your behalf. For requests covered by the CCPA, the agent can be a natural person or a business entity that is registered with the California Secretary of State. If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our agent verification process.
Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney. Any such requests will be processed in accordance with the applicable law pertaining to powers of attorney.
How to Make a Request to Exercise Your Rights
To exercise any of the rights above, or to ask a question, contact us at (800) 866-1124, using our Privacy Feedback form.
Your California Privacy Rights Regarding Direct Marketing
As stated elsewhere in this Privacy Statement, and in accordance with California Civil Code section 1798.83, Adil Esmail does not disclose personal information collected on the Adil Esmail Sites to third parties for their direct marketing purposes. (California Civil Code section 1798.83 permits users of a website that are California residents to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes).
Information We Collect
Information that you provide voluntarily: Adil Esmail Sites offer various ways that individuals may contact us, such as through form submissions or phone, in order to inquire about our company and services. For example, when creating an account, participating in a survey, making a purchase, expressing an interest in obtaining additional information about Adil Esmail or our Services, subscribing to marketing or otherwise contacting us, Adil Esmail collects personal information from you. We may also collect information from you in person at a tradeshow or event or via a phone call with one of our sales representatives.
The personal information we collect may include:
Information we collect automatically: When using a Adil Esmail Site, certain information is automatically collected by most browsers or through your device (such as your IP address, your operating system, your browser, device information, unique device identifiers, mobile network information, request information (speed, frequency) and information about how you interact with a Adil Esmail Site and other websites). personal informationSome of this information is collected using cookies and similar tracking technology, as explained in the “Cookies” section below.
Information we collect from other sources: In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, data providers, social media platforms, as well as from other third parties. This information may include:
Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. As is common to many online services, our Services may make use of the following third party cookies to collect certain data directly from end-user browsers for the purposes described in this Privacy Statement (see the Section “Information we collect automatically” above for further information).
Google Analytics: This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. Further information on how Google collects and uses this data can be found at www.google.com/policies/privacy/partners/.
Do Not Track
Some features of the Adil Esmail Sites do not respond to browser do not track signals.
How We Use Information We Collect
We use the information we collect or receive (alone or in combination) to:
If you are resident in or a visitor from the EEA, our legal basis for collecting and using the information and personal information described in this Privacy Statement will depend on the information or personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you where we need the personal information to perform a contract with you, where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. Typically, our legitimate interests include: (i) providing, improving and personalizing the Adil Esmail Sites and Services; (ii) managing our relationship with you; and (iii) conducting our marketing activities. In some cases, we may also have a legal obligation to collect personal information from you.
Additional Information About How Adil Esmail Shares Your Personal Information
We do not rent or sell personal information.
We may disclose personal information to third parties to assist us in performing the Services, including payment processing for any applicable fees associated with an event or transaction. These third parties have access to the information you submit only to perform these tasks on our behalf.
Public Forums and Customer Testimonials
Adil Esmail may provide bulletin boards, blogs or chat rooms on Adil Esmail Sites. Due to the nature of the Internet, any information or personal information you choose to submit in such a forum may be read, collected or used by others who visit these forums, and may be used to send you unsolicited messages. Adil Esmail is not responsible for any information or personal information you choose to submit in these public forums.
Adil Esmail may post a list of clients and testimonials on Adil Esmail Sites that contain information such as client names and titles. In such cases, Adil Esmail obtains the consent of each such person prior to posting any information on such a list or posting testimonials.
Information We Share
As described above, Adil Esmail may share your personal data with contracted service providers so that these service providers can provide services on our behalf. Adil Esmail does not share, sell, rent or trade any personal data to or with third parties for their promotional or marketing purposes.
Adil Esmail Affiliates
Adil Esmail may share your personal information with affiliates of Adil Esmail for the purpose of any necessary collaboration.
Adil Esmail Successor
Adil Esmail may share your personal data with a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Adil Esmail’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Adil Esmail about our Visitors is among the assets transferred.
Adil Esmail reserves the right to use or disclose information and personal data provided on the Adil Esmail Sites if required by law or if Adil Esmail reasonably believes that such use or disclosure is necessary to protect Adil Esmail’s rights and/or to comply with a judicial proceeding, court order or legal process.
International Transfer of Information
To facilitate Adil Esmail’s global operations, Adil Esmail may store, transfer and access the information and personal information you submit on the Adil Esmail Sites around the world, including the United States, Canada and other countries in which Adil Esmail or its third party service providers have operations.
If you are using the Adil Esmail Sites or Service from outside the United States, please be aware that your information may be transferred to, stored, and processed by Adil Esmail in our facilities and by those third parties with whom we may share your personal information, in the United States and other locations where we have offices. These countries may have data protection laws that are different to the laws of your country. This Privacy Statement shall apply even if Adil Esmail transfers such information or personal information to other countries. By registering to attend an event, contacting us through our web form or providing information or personal information to us on any Adil Esmail Sites in any other context, you consent to the transfer of your information and personal information among these facilities, including those located outside your home country.
If you are located in the EEA, we will comply with applicable legal requirements and have taken appropriate safeguards to require that your personal information remains protected in accordance with this Notice in relation to the transfer of personal information outside of the EEA. In all such cases, we will only transfer your personal information if:
In relation to transfers of information between our group companies, we have implemented the EU Model Clauses, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law.
You may request a copy of the safeguards that we have put in place in respect of transfers of personal information by contacting us as described in the Contacting Us section below.
Adil Esmail offers Visitors who provide contact information a means to choose how Adil Esmail uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of Adil Esmail’s marketing emails. Additionally, you may specify your communications preferences using our Privacy Feedback form. Adil Esmail Clients cannot opt out of receiving transactional emails related to their account with Adil Esmail or the Services.
Children Under the Age of 16
Adil Esmail Sites are not intended for children under 16 years of age. No one under age 16 may provide any information to, or on, any Adil Esmail Sites. We do not knowingly collect personal data from children under 16. If you are under 16, do not use any Adil Esmail Sites, and do not provide any information via any Adil Esmail Sites. If we learn we have collected or received personal data from a child under 16 without verification of parental consent, we will delete that data. If you believe any Adil Esmail Sites may have collected personal data from or about a child under 16, please contact our Legal Department at (800) 866-1124.
Adil Esmail retains the personal information we receive on the Adil Esmail Sites for the duration of your relationship with Adil Esmail, and where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations). Retention periods may be extended if we are required to preserve your personal information because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.
When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such data. If this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
Adil Esmail is committed to protecting the security of any personal information you provide to us. Adil Esmail uses appropriate administrative, technical, and physical security measures to protect any such information you submit. Despite these protections, no electronic transmission over the Internet or information storage technology can be guaranteed to be completely secure, so you should take appropriate precautions before deciding what information you send us in this way.
Changes to this Privacy Statement
Adil Esmail reserves the right to change this Privacy Statement from time to time. Your continued use of any Adil Esmail Sites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Statement periodically for updates. If we make a material change in the way we use or share your personal information, we will provide notice that our policy has changed on this site.
Adil Esmail is committed to ensuring that our communications, including our website, are accessible to people with disabilities. This website is designed to meet content accessibility guidelines. To make accessibility-related requests or report barriers, please contact us at (800) 866-1124 or contact us using our Privacy Feedbackform.
If you have any questions about this Privacy Statement, or you would like to exercise any of your rights, please let us know by contacting us using any of the methods below:
By phone at: +1 (800) 866-1124
By email at [email protected]
Last Updated: January 9, 2021