Privacy Statement
Yardi Systems, Inc. and its affiliated entities (“Yardi”) is committed to protecting the privacy of individuals and achieving and maintaining the trust of our clients (“Yardi Clients” or “Clients”) and other users of and visitors to Yardi 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 Yardi (“Yardi Services” or “Services”), including data stored by Yardi on behalf of its Clients and their customers in connection with our Services (“Client Data”), as well as the personal data (including such data as defined by the EU General Data Protection Regulation) provided by Clients and Visitors who visit www.Yardi.com, associated Yardi microsites and any other Yardi-controlled websites that link to this Privacy Statement (collectively, the “Yardi Sites”).
Web Sites Covered
This Privacy Statement describes our privacy practices regarding information we collect from individuals (“you” or “your”) who visit the Yardi Sites. When we collect personal data on the Yardi Sites, certain additional disclosures, that are specific to the context of our collection and use of the information being collected (e.g. an event or seminar registration page), may be provided to you. For the avoidance of any doubt, we will adhere to those commitments and any such additional privacy policy statements are hereby incorporated into this Privacy Statement.
IMPORTANT: THIS PRIVACY STATEMENT DOES NOT APPLY TO CLIENT DATA. Yardi’s confidentiality/privacy and other obligations with respect to its Services, and Client Data (as defined in the agreements for those Services), are governed solely by the agreements under which the Services are provided to our Clients. The traditional licensees of Yardi Services are residential and commercial real estate property owners and property managers (again, collectively, as used in this Privacy Statement, “Yardi Clients” or “Clients”). The other actors in the real estate economy are, of course, the residents, tenants and providers of various services for, or at, the buildings Yardi Clients own and manage. Yardi Services (by means of example only, the Yardi Voyager web-based, fully integrated end-to-end platform product suite) help our Clients manage their real estate and other assets by, among other things, facilitating communication and transactions between Yardi Clients and their tenants and service providers. Yardi generally has no direct relationship with the individuals to whom our Clients’ Client Data may pertain; Yardi merely hosts or processes such data on behalf of our Clients. Any uses of Client Data by Yardi are done so pursuant to the subscription agreement in place between Yardi and the relevant Yardi Client, or Yardi’s applicable Terms of Service, which exclusively govern Yardi’s treatment of Client Data. This Privacy Statement does not apply to Yardi Services or Client Data. If you have any questions about the data practices of a Yardi Client, using Yardi Services to process your personal information, you need to contact the Yardi Client directly, and ask for their Privacy Policy or Privacy Statement. In other words, Yardi is a data processor and not a data controller with respect to Client Data. Yardi Clients 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 Yardi Service by or on behalf of a Yardi Client, or was otherwise collected by a Yardi Service on behalf of a Yardi Client, and you wish to exercise any rights you may have to access, correct, amend or delete such Client Data, please inquire with the Yardi Client directly. If an authorized Yardi 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.
Web Sites Not Covered
Some Yardi Services enable Yardi Clients to create websites and applications that run natively on the Yardi platform. One such example are RentCaferesident portals, which facilitate communication and transactions between Yardi Clients and their potential or actual tenants. Such websites are controlled by Yardi Clients, and as described above, any information submitted to or collected by such websites is Client Data to which this Privacy Statement does not apply. The terms of service and privacy policy of the third party Yardi Client governs such websites.
Yardi is committed to promoting privacy principles and providing as much information to individuals as legally and contractually possible about the processing of their personal data. In that light, some Yardi Client-controlled websites that are created and maintained by Yardi Services may include privacy statements directly from Yardi to the users of such websites. Yardi is committed to adhering to such privacy statements. We provide these statements, or disclosures to identify Yardi as the data processor/technology platform, to disclose Yardi’s privacy practices with respect to such Client Data, and to inform the user to seek information about the privacy practices governing the website directly from the corresponding Yardi Client. To be clear, Yardi’s privacy statements on such Yardi Client controlled websites are applicable only to Yardi, and not the Yardi Client. In such privacy statements, Yardi discloses how Yardi uses and processes the information collected by and submitted to the website controlled by the Yardi Client. For the avoidance of any doubt, if you submitted personal data to a Yardi Client-controlled website created and maintained by Yardi Services (e.g. RentCafe resident portals) and you wish to exercise any rights you may have to access, correct, amend or delete such Client Data, please inquire with the Yardi Client directly.
Some Yardi Sites may be created and managed by Yardi Clients. Most of these websites are not accessible via the public internet. Regardless, please know that this Privacy Statement is not applicable to those websites, which are instead governed by the privacy statement of the Yardi Client that creates and manages the website. In addition, the Yardi Sites may contain links to other third-party websites. The information practices or content of such other websites is governed by the privacy statements of such other websites. Yardi encourages you to review the privacy statements of such other websites to understand their information practices.
Information We Collect
Personally Identifiable Information. Yardi collects personally identifiable information on this Site only if you provide it. This may include, but not be limited to: the process of registering to attend an event, applying for employment with Yardi or by contacting Yardi for some other reason through a web form. In these cases only, we will require you to provide information necessary to fulfill your request, such as your name and email address.
Generic User Information. As you navigate the Yardi Sites, Yardi may also collect generic user information through the use of commonly-used information-gathering tools, such as cookies and Web beacons. This information includes standard information from your Web browser (e.g. browser type and browser language), your Internet Protocol (“IP”) address, the URL of the page that referred you and the actions you take on the Yardi Sites (e.g. the web pages viewed, the survey responses you submit, the links clicked, etc.).
Cookies. This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognizing you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. You can adjust all of your cookie settings.
How We Use Information We Collect
Yardi uses the information you submit on the Yardi Sites solely to perform the services or activity being requested and to present its content to you. However, personal data will never be sold or rented. We may use third parties to perform services related to the services or activity requested, such as 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.
Generic user information is referenced only to help us improve the usability of the Yardi Sites. You may be able to restrict the use of cookies by adjusting your browser’s privacy options.
Yardi, like all organizations, is a data controller of its employees’ personal data that is processed as part of its human resources operations. If you are a Visitor located in the European Economic Area, Yardi Systems, B.V., is the data controller for any personal data collected on the Yardi Sites. For additional information about Yardi’s privacy practices relating to applying for a job at Yardi, please visit our Yardi Careers Privacy Policy (which is hereby incorporated by reference).
Our legal basis for collecting and using the information and personal data described in this Privacy Statement will depend on the information or personal data concerned and the specific context in which we collect it. However, we will normally collect personal data from you only where we have your consent to do so, where we need the personal data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal data from you.
Public Forums and Customer Testimonials
Yardi may provide bulletin boards, blogs or chat rooms on Yardi Sites. 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. Yardi is not responsible for any information or personal data you choose to submit in these public forums.
Yardi may post a list of clients and testimonials on Yardi Sites that contain information such as client names and titles. Yardi obtains the consent of each such person prior to posting any information on such a list or posting testimonials.
Information We Share
Service Providers
As described above, Yardi may share your personal data with contracted service providers so that these service providers can provide services on our behalf. Yardi does not share, sell, rent or trade any personal data to or with third parties for their promotional or marketing purposes.
Yardi Affiliates
Yardi may share your personal data with affiliates of Yardi for the purpose of any necessary collaboration. For example, Yardi may need to share your information with an affiliate for job application and employment purposes.
Yardi Successor
Yardi 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 Yardi’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal data held by Yardi about our Visitors is among the assets transferred.
Compelled Disclosure
Yardi reserves the right to use or disclose information and personal data provided on the Yardi Sites if required by law or if Yardi reasonably believes that such use or disclosure is necessary to protect Yardi’s rights and/or to comply with a judicial proceeding, court order or legal process.
International Transfer of Information
To facilitate Yardi’s global operations, Yardi may store, transfer and access the information and personal data you submit on the Yardi Sites around the world, including the United States, Canada and other countries in which Yardi has operations. This Privacy Statement shall apply even if Yardi transfers such information or personal data to other countries. By registering to attend an event, contacting us through our web form or providing information or personal data to us on any Yardi Sites in any other context, you consent to the transfer of your information and personal data among these facilities, including those located outside your home country.
If you are located in the European Economic Area (“EEA”), we will comply with applicable legal requirements providing adequate protection for the transfer of personal data to recipients in countries outside of the EEA. In all such cases, we will only transfer your personal data if:
The country to which the personal data will be transferred has been granted a European Commission adequacy decision;
The recipient of the personal data is located in the U.S. and has certified to the EU-U.S. Privacy Shield Framework; or
We have put in place appropriate safeguards with respect to the transfer, for example the EU Model Clauses.
You may request a copy of the safeguards that we have put in place in respect of transfers of personal data by contacting us as described in the How to Contact Us section below.
Communications Preferences
Yardi offers Visitors who provide contact information a means to choose how Yardi 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 Yardi’s marketing emails. Additionally, you may specify your communications preferences using our Privacy Feedback form. Yardi Clients cannot opt out of receiving transactional emails related to their account with Yardi or the Services.
Your California Privacy Rights
As already stated elsewhere in this Privacy Statement, and in accordance with California Civil Code Section § 1798.83, please know that Yardi does not disclose personal data collected on the Yardi 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 data to third parties for their direct marketing purposes).
Children Under the Age of 16
Yardi Sites are not intended for children under 16 years of age. No one under age 16 may provide any information to, or on, any Yardi Sites. We do not knowingly collect personal data from children under 16. If you are under 16, do not use any Yardi Sites, and do not provide any information via any Yardi 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 Yardi Sites may have collected personal data from or about a child under 16, please contact our Legal Department at (800) 866-1124.
Rights of Individuals
Visitors who wish to correct, update, change, or erase the personal data they submit on any Yardi 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 data, 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 (800) 866-1124, or contact us using our Privacy Feedback form.
If you consider that we have processed your personal data 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.
Data Retention
Yardi retains the personal data we receive on the Yardi Sites for the duration of your relationship with Yardi, plus a reasonable period thereafter as necessary to fulfil the purposes described above. Retention periods may be extended if we are required to preserve your personal data because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.
Security
Yardi is committed to protecting the security of any personal data you provide to us. Yardi uses appropriate administrative, technical, and physical security measures to protect any such information you submit. Despite these protections, no one, including Yardi, can guarantee the security of any data submitted over the Internet.
Digital Millennium Copyright Act (“DMCA”) Notice
Pursuant to 17 U.S.C. Section 512, as amended by Title II of the Digital Millennium Copyright Act (the “Act”), Yardi reserves the right, but not the obligation, to terminate your right to use any Yardi Sites if Yardi determines in its sole and absolute discretion, that you are involved in any activity that may be infringing, including alleged acts of infringement, regardless of whether the material or activity is ultimately determined to be infringing. Yardi accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to the Act, Yardi has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. You may contact the designated agent of Yardi to receive notification of claimed infringement at: [email protected] or via mail Attn: DMCA Agent – Legal Department, Yardi Systems, Inc., 430 S. Fairview Avenue, Santa Barbara CA 93117.
Yardi respects the intellectual property of others, and we ask our Visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Yardi Site; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Changes to this Privacy Statement
Yardi reserves the right to change this Privacy Statement from time to time. Your continued use of any Yardi Sites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Statement periodically for updates.
Contacting Us
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]
In writing at: Attention – Privacy Manager, 430 S. Fairview, Santa Barbara, CA 93117, USA
Last Updated: July 27, 2018