Last Updated: February 12, 2020

ARTICLE I. INTRODUCTION

Mosaic Apartments, LLC, its parents and affiliates (collectively, “Mosaic,” “we,” “our,” or “us”) respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the information you provide to us in using our website www.mosaicatriverpark.com and the websites that link to this Privacy Policy (collectively, the “Site”), the services provided through our Site, and the mobile applications we offer (collectively referred to as the “Services”).

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically. Your continued use of the Site and Services after any such amendment signifies your acceptance thereof.

ARTICLE II. COLLECTING AND USING INFORMATION

Section 2.01 Personally Identifiable Information We Collect Online

Through your use of the Site and Services, we may collect Personally Identifiable Information from you. “Personally Identifiable Information” is individually identifiable information about an individual consumer that we collect online and that we maintain in an accessible form. We collect the following types of Personally Identifiable Information:

Information You Provide

We may collect the following Personally Identifiable Information that you voluntarily provide to us:

· Contact Us. When you complete the Contact Us webform on our Site, you will provide us your first and last name, email address, telephone number, and any additional Personally Identifiable Information that you choose to provide.

· Schedule a Tour. When you schedule a tour through our Site, you will provide us your first and last name, email address, and any additional Personally Identifiable Information that you choose to provide, including your telephone number.

· Email Communications. When you sign up for our marketing communications, you will provide us your email address.

· Applicant Login. When you register for an Applicant Account, you will provide us your first and last name, email address, password, and may provide us your telephone number. You will login with your username (email address) and password.

· Resident Login. When you register for a Resident Account, you will provide us your first and last name, email address, password, and a security question and answer. You will login with your username (email address) and password. Within your Resident Account, you may provide us payment information to make online rent payments.

· Complete an Application. When you complete an application on our Site, you will provide us your first and last name, email address, physical address, current employment status, date of birth, social security number, driver’s license number (including uploading a copy), and signature, and you may provide us your telephone number, marital status, gender, prior physical address, employment history, license plate number(s), and emergency contact. Upon submitting an application on our Site, you will provide us payment information, such as credit card and bank account and routing numbers, for the application fee and deposit.

Information as You Navigate Our Site

We automatically collect certain Personally Identifiable Information through your use of the Site and Services, such as the following:

· Usage Information. We collect information automatically through your use of the Site and Services, such as which of the pages on the Site you access, the frequency of access, and what you click on while on the Site.

· Device Information. We collect information about the device you are using, such as IP address, hardware model, operating system, application version number, and browser.

· Mobile Device Information. In addition to the Device Information listed above, when you access our Site via a browser on your mobile device, we collect and aggregate information about whether you are accessing the Site via a mobile device or tablet, device type, and carrier.

· Location Information. We collect location information from Site visitors on a city-regional basis.

Third-Party Information

In some cases, we may receive certain Personally Identifiable Information from you about a third party. For example, as part of the application process on our Site, you may provide the name of an additional applicant and the name, telephone number, and physical address of your emergency contact, each third parties. If you submit any Personally Identifiable Information about another individual to us, you are responsible for making sure that you have the authority to do so and to allow us to use their Personally Identifiable Information in accordance with this Privacy Policy.

Section 2.02 How We Use Your Personally Identifiable Information

We use the Personally Identifiable Information we collect to provide the Services to you, to improve our Services and Site, and to protect our legal rights. In addition, we may use the Personally Identifiable Information we collect to:

· Process your account registration;

· Perform screening services as part of your application;

· Contact you regarding our listings, events, special offers and promotions, and services that we feel may be of interest to you;

· Communicate with you about our Site or Services or to inform you of any changes to our Site or Services;

· Provide support;

· Maintain and improve our Site and Services;

· Defend our legal rights and the rights of others;

· Efficiently maintain our business; and

· Comply with applicable law.

Section 2.03 How We Share Your Personally Identifiable Information

We may share the information that we collect about you in the following ways:

With service providers who perform data services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
To service providers to prepare, deploy and analyze advertising content;
To the extent that we are required to do so by law;
In connection with any legal proceedings or prospective legal proceedings;
To establish, exercise, or defend our legal rights, including providing information to others for the purposes of fraud prevention;
To any person who we reasonably believe may apply to a court or other competent authority for disclosure of that Personally Identifiable Information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that Personal Information;
To any other person or entity as part of any business or asset sale; and
To any other person or entity where you consent to the disclosure.

ARTICLE III. COOKIES AND OTHER TRACKING TECHNOLOGIES

We use cookies and other tracking technologies (such as pixels and web beacons) (collectively, “Cookies”). “Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We use Cookies to:

· Estimate audience size and usage patterns;

· Understand and save your preferences for future visits, allowing us to customize the Site and Services to your individual needs;

· Advertise content and services that relate to your interests;

· Keep track of advertisements and search engine results;

· Compile aggregate data about Site traffic and Site interactions to resolve issues and offer better Site experiences and tools in the future; and

· Recognize when you return to the Site.

We set some Cookies ourselves and others are set by service providers. We use Cookies set by service providers to provide us with useful information to help us improve our Site and Services, to conduct advertising, and to analyze the effectiveness of advertising.

Cookies can be blocked by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Site.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org.

You can understand which third parties have currently enabled Cookies for your browser or mobile device and how to opt-out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website.

ARTICLE IV. THIRD-PARTY PROCESSORS

To ensure that your Personally Identifiable Information receives an adequate level of protection, we have put in place appropriate procedures with the service providers we share your Personally Identifiable Information with to ensure that your Personally Identifiable Information is treated by those service providers in a way that is consistent with and which respects the applicable laws on data security and privacy. For example, we use service providers to process your debit and credit card and/or bank account transactions.

ARTICLE V. GOOGLE ANALYTICS

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The technologies used by Google Analytics do not gather information that personally identifies you. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies. To learn more about Google’s partner services and to learn how to opt-out of tracking of analytics by Google, click here.

ARTICLE VI. “DO NOT TRACK” SIGNALS

Some internet browsers incorporate a “Do Not Track” feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the “Do Not Track” signal, the Site does not currently interpret, respond to or alter its practices when it receives “Do Not Track” signals.

ARTICLE VII. CHOICES ABOUT YOUR PERSONALLY IDENTIFIABLE INFORMATION

Section 7.01 Marketing Communications

To unsubscribe from emails from us, click the unsubscribe link included in the footer of our emails or login to your account and change your preferences under My Profile. Please note that, even after unsubscribing, we may still need to email you with important transactional or administrative information.

ARTICLE VIII. SECURITY

We maintain commercially reasonable security measures to protect the Personally Identifiable Information we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your Personally Identifiable Information, we cannot guarantee absolute security.

ARTICLE IX. THIRD PARTY LINKS

The Site may contain links that will let you leave the Site and access another website. Linked websites that do not direct to this Privacy Policy are not under our control. Except as stated below, this Privacy Policy applies solely to Personally Identifiable Information that is acquired on this Site and Services. We accept no responsibility or liability for these other websites.

ARTICLE X. CHILDREN’S PRIVACY

The Site and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal information from children under 13.

ARTICLE XI. NOTICE TO NEVADA RESIDENTS

Nevada law allows Nevada residents to opt-out of the sale of certain types of personal information. Subject to a number of exceptions, Nevada law defines “sale” to mean the exchange of certain types of personal information for monetary consideration to a person for the person to license or sell the information to additional persons. We do not currently sell personal information as defined in the Nevada law. However, if you are a Nevada resident, you still may submit a verified request to opt-out of sales and we will record your instructions and incorporate them in the future if our policy changes. Opt-out requests may be sent to [email protected].

ARTICLE XII. NOTICE TO CALIFORNIA RESIDENTS

The California Consumer Privacy Act (CCPA) requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of California residents regarding their personal information.

The CCPA defines “personal information” to mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information does not include information that is publicly available, deidentified or aggregate information. For purposes of this “NOTICE TO CALIFORNIA RESIDENTS” section we will refer to this information as “Personal Information.”

Section 12.01 Right to Know About Personal Information Collected, Disclosed, or Sold

Your Right

If you are a California resident, you have the right to request that we disclose what Personal Information we have collected about you in the 12 months preceding your request. This right includes the right to request any or all of the following:

(1) Specific pieces of Personal Information that we have collected about you;

(2) Categories of Personal Information we have collected about you;

(3) Categories of sources from which the Personal Information was collected;

(4) Categories of Personal Information that we sold (if applicable) or disclosed for a business purpose about you;

(5) Categories of third parties to whom the Personal Information was sold (if applicable) or disclosed for a business purpose; and

(6) The business or commercial purpose for collecting or, if applicable, selling Personal Information.

The CCPA defines “sell” to mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a California resident’s Personal Information to another business or a third party for monetary or other valuable consideration.

How to Submit a Request to Know

You may submit a request to know through our interactive webform available here, by emailing us at [email protected], or by contacting us toll-free at 1-800-505-1381.

Our Process for Verifying a Request to Know

We will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request. Our verification process may differ depending on whether you maintain a password-protected account with us.

Request to Know Categories of Personal Information: We will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

Request to Know Specific Pieces of Personal Information: We will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

Collection of Personal Information

The following table presents the categories of Personal Information that we have collected, the categories of sources from which that information was collected, and the categories of third parties with whom we shared that Personal Information for the 12 months preceding the Effective Date of this Privacy Policy.

The CCPA defines “business purposes” to mean:

(1) Auditing related to a current interaction with the consumer and concurrent transaction, including, but not limited to, counting ad impressions to unique visitors;

(2) Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity;

(3) Debugging to identify and repair errors that impair existing intended functionality;

(4) Short-term, transient use, provided that the personal information is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer’s experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction;

(5) Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing advertising or marketing services, providing analytic services, or providing similar services;

(6) Undertaking internal research for technological development and demonstration; and

(7) Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the service or device.

The CCPA defines “commercial purposes” to mean “to advance a person’s commercial or economic interests, such as by inducing another person to buy, rent, lease, join, subscribe to, provide, or exchange products, goods, property, information, or services, or enabling or effecting, directly or indirectly, a commercial transaction.”

For purposes of the below chart, we will refer to the business purposes by their above numbers and use the number 8 to reference the definition of commercial purposes.

Categories of Personal Information Collected	Categories of Sources from which Personal Information was Collected	Business or Commercial Purpose for the Collection	Categories of Third Parties with whom We Share Personal Information
Name	§ Resident § Potential resident § Referral service	§ (5) and (8)	§ Service providers § External marketing entities
Postal Address	§ Resident § Potential resident	§ (5) and (8)	§ Service providers
Internet Protocol Address	§ Resident § Potential resident § Site visitor	§ (5) and (8)	§ Service providers § Data analytics providers
Email Address	§ Resident § Potential resident § Referral service	§ (5) and (8)	§ Service providers § External marketing entities
Telephone Number	§ Resident § Potential resident § Referral service	§ (5) and (8)	§ Service providers
Social security number	§ Resident § Potential resident	§ (5) and (8)	§ Service providers
Credit and Debit Card Numbers	§ Resident	§ (5) and (8)	§ Service providers
Bank Account Number	§ Resident	§ (5) and (8)	§ Service providers
Insurance Policy Number	§ Resident § Service providers	§ (5) and (8)	§ Service providers
Age	§ Resident § Potential resident	§ (5) and (8)	§ Service providers
Employment History	§ Resident § Potential resident	§ (5) and (8)	§ Service providers
Professional or Employment-Related Information	§ Resident § Potential resident	§ (5) and (8)	§ Service providers
Marital Status	§ Resident § Potential resident	§ (5) and (8)	§ Service providers
Gender	§ Resident § Potential resident	§ (5) and (8)	§ Service providers
Signature	§ Resident § Potential resident	§ (5) and (8)	§ Service providers
Alias, unique personal identifier, online identifier (e.g., username)	§ Resident	§ (5)	§ Service providers
Imagery of face (i.e., photographs)	§ Visitor to property § Service providers	§ (5)	§ Service providers
Driver’s license number	§ Visitor to property § Service providers	§ (5)	§ Service providers
Browsing history	§ Site visitor	§ (5) and (8)	§ External marketing entity § Data analytics providers
Search history	§ Site visitor	§ (5) and (8)	§ External marketing entity § Data analytics providers
Information re consumer's interaction with website, application or advertisement	§ Site visitor	§ (5) and (8)	§ External marketing entity § Data analytics providers
Cookies, beacons, pixel tags, or other similar technology	§ Site visitor	§ (5) and (8)	§ External marketing entity § Data analytics providers

Disclosure or Sale of Personal Information

The following is a list of categories of Personal Information that we have sold to third parties in the 12 months preceding the Effective Date of this Privacy Policy:

· Name

· Email address

· Browsing history

· Search history

· Information regarding consumer’s interaction with website, application or advertisement

· Cookies, beacons, pixel tags, or other similar technology

The following is a list of categories of Personal Information that we have disclosed for a business purpose in the 12 months preceding the Effective Date of this Privacy Policy:

· Name

· Postal Address

· Internet Protocol Address

· Email Address

· Telephone Number

· Social security number

· Credit and Debit Card Numbers

· Bank Account Number

· Insurance Policy Number

· Age

· Employment History

· Professional or Employment-Related Information

· Marital Status

· Gender

· Signature

· Alias, unique personal identifier, online identifier (e.g., username)

· Imagery of face (i.e., photographs)

· Driver’s license number

· Browsing history

· Search history

· Information re consumer's interaction with website, application or advertisement

· Cookies, beacons, pixel tags, or other similar technology

We do not sell the Personal Information of minors under 16 years of age without affirmative authorization.

Section 12.02 Right to Request Deletion of Personal Information

Your Right

If you are a California resident, you have the right to request that we delete the Personal Information about you that we have collected or maintain. However, a business is not required to comply with a request to delete if it is necessary for the business to maintain the Personal Information in order to, for example, complete a transaction, detect security incidents, comply with a legal obligation, or otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which the consumer provided the information.

How to Submit a Request to Delete

You may submit a request to delete through our interactive webform available here, by emailing us at [email protected], or by contacting us toll-free at 1-800-505-1381.

If you submit a request to delete online, you will be asked to confirm separately that you want your Personal Information deleted.

Our Process for Verifying a Request

We will verify your identity either to a “reasonable degree of certainty” or a “reasonably high degree of certainty” depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized deletion.

We will verify your identity to a “reasonable degree of certainty” by verifying at least two data points that you previously provided to us and which we have determined to be reliable for the purpose of verifying identities.

We will verify your identity to a “reasonably high degree of certainty” by verifying at least three pieces of Personal Information previously provided to us and which we have determined to be reliable the purpose of verifying identities. In addition, you will be required to submit a signed declaration under penalty of perjury stating that you are the individual whose Personal Information is being requested.

If we are unable to verify your identity to the applicable standard, we will treat your request to delete as a request to opt-out of the sale of the personal information that you provided as part of processing the request to delete. See the following section for a description of the right to opt-out of the sale of personal information.

Section 12.03 Notice of Right to Opt-Out of Sale of Personal Information

Your Right

If you are a California resident, you have the right to direct a business that sells (or may in the future sell) your Personal Information to stop selling your Personal Information and to refrain from doing so in the future.

How to Submit a Request to Opt-Out

You may submit a request to opt-out of sales through our interactive webform available by clicking on this link: “Do Not Sell My Personal Information.” You also may submit a request to opt-out of sales by emailing us at [email protected] or by contacting us toll-free at 1-800-505-1381.

How We Process a Request to Opt-Out

We will act upon your request to opt-out within 15 days from the date that you submit the request. The CCPA does not require that we verify the identity of individuals who submit requests to opt-out of sales. However, we may deny the request if we have a good-faith, reasonable, and documented belief that the request is fraudulent. If we deny the request on this basis, we will notify the requesting party and provide an explanation why we believe the request is fraudulent.

Section 12.04 Right to Non-Discrimination for the Exercise of a California Resident’s Privacy Rights

We will not discriminate against California residents if they exercise any of the rights provided in the CCPA as described in this section “Notice to California Residents.” As such, we will not deny goods or services to that California resident; charge different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; provide a different level or quality of goods or services to the California resident; or suggest that the California resident will receive a different price or rate for goods or services or a different level or quality of goods or services. However, we are permitted to charge a California resident a different price or rate, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by the individual’s data.

Section 12.05 Authorized Agents

California residents may use an authorized agent to submit a request to know, delete, or opt-out of sales on your behalf.

If you use an authorized agent to submit a request to know or request to delete, we may require that (1) the authorized agent provide proof of your written permission and (2) you verify your identity directly with us. These requirements do not apply if you have provided the authorized agent with a power of attorney pursuant to California Probate Code sections 4000 to 4465.

If you use an authorized agent to submit a request to opt-out of sales, you will need to provide that authorized agent with written permission to do so and submit written proof to us that the agent has been authorized to act on your behalf.

Section 12.06 Shine the Light Law

We do not disclose personal information obtained through our Site or Services to third parties for their direct marketing purposes. Accordingly, we have no obligations under California Civil Code § 1798.83.

ARTICLE XIII. ACCESSIBILITY

We are committed to ensuring digital accessibility for individuals with disabilities. We are continuously working to improve the accessibility of our web experience and we welcome feedback and accommodation requests. If you wish to report an issue or seek an accommodation, please contact us as described below.

ARTICLE XIV. HOW TO CONTACT US

For questions or concerns about our privacy policies or practices please contact us at:

Mosaic

c/o The Wolff Company II, LLC

6710 E. Camelback Rd., Suite 100

Scottsdale, AZ 85251

Email: [email protected]