Privacy Policy

Last Updated: May 15, 2020

I. Introduction

This Privacy Policy (“Privacy Policy”) applies to information collected and controlled by E & S Ring Management Corp. (“E & S,” “we,” “us” or “our”) where this Privacy Policy is posted (collectively, the “Sites”). Please read this Privacy Policy carefully, as it discloses our collection, storage, use and disclosure of the information collected through the Sites. Your use of the Sites is also subject to our Terms of Use.

Please note the arbitration provision set forth below, which may require you to arbitrate any claims you may have against E & S on an individual basis. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.

II. Information Collected

We collect two types of information from visitors to our Sites: (i) Personal Information and (ii) Non-Personal Information. “Personal Information” is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular identified or identifiable natural person or household. “Non-Personal Information” includes information that is outside the scope of Personal Information, as well as publicly available information lawfully made available from federal, state, or local government records, or Personal Information that has been de-identified or aggregated. Please note that over time, Non-Personal Information may become Personal Information due to regulatory developments, technological advancements, or the co-mingling of Personal and Non-Personal Information.

We will retain Personal Information provided for as long as it is needed to fulfill the purpose for which it is collected.

We may collect the following categories of information from and about you:

Category of Personal Information Source(s) Purpose(s) Disclosure to Third Parties
Identifiers, which may include name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers Directly from you Indirectly from you (e.g., from observing your actions on our Sites) From third party service providers (e.g., those that assist with background checks and providing other pertinent information) To fulfill or meet the reason you provided the information, e.g., when you contact us with a question or request further information about a property, when you register to pay rent online, or when you apply for a job with us

Marketing
Disclosure for business purposes to: payment processors, administrative services, third parties who assist with processing job applications and recruiting, fraud detection assistance, credit check company
Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), which may include name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information Directly from you From third party service providers To fulfill or meet the reason you provided the information, e.g., when you contact us with a question or request further information about a property, when you register to pay rent online or when you apply for a job with us

Marketing
Disclosure for business purposes to: payment processors, administrative services, third parties who assist with processing job applications and recruiting, fraud detection assistance, credit check company
Protected classification characteristics under California or federal law, which may include age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information) Directly from you From third party service providers (e.g., those that assist with background checks and providing other pertinent information) To fulfill or meet the reason you provided the information, e.g., to process employment applications Disclosure for business purposes to: third parties who assist with processing job applications and recruiting
Professional or employment-related information, which may include current or past job history or performance evaluations Directly from you From third party service providers (e.g., those that assist with background checks and providing other pertinent information) To fulfill or meet the reason you provided the information, e.g., to process employment applications Disclosure for business purposes to: background check providers, third parties who assist with processing job applications and recruiting
Commercial information, which may include records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies Directly from you From third party service providers (e.g., those that assist with credit checks and providing other pertinent information) To fulfill or meet the reason you provided the information, e.g., to respond to an inquiry or process your request

Marketing
Disclosure for business purposes to: payment processors, delivery services
Biometric information, audio, electronic, visual, thermal, or other similar information. Directly from you To fulfill or meet the reason you provided the information, e.g., for identification record-keeping, and administrative purposes N/A
Internet or other similar network activity, which may include browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement Indirectly from you (e.g., from observing your actions on our Sites) From third party service providers To fulfill or meet the reason you provided the information, e.g., to improve our services

Marketing
Disclosure for business purposes to: internet service providers, payment processors, fraud detection assistance
Geolocation data, which may include physical location or movements Directly from you Indirectly from you (e.g., from observing your actions on our Sites) To fulfill or meet the reason you provided the information, e.g., to respond to an inquiry

Marketing
Disclosure for business purposes to: internet service providers
Inferences drawn from other Personal Information, which may include a profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes Indirectly from you (e.g., from observing your actions on our Sites) From third party service providers To fulfill or meet the reason you provided the information

Marketing
N/A

III. Cookies and Other Similar Technologies

We use, and allow certain third parties to use, cookies and other similar technologies to provide our Sites and services, and to help collect information. We, or third parties, may use session cookies or persistent cookies. Session cookies only last for the specific duration of your visit and are deleted when you close your browser. Persistent cookies remain on your device’s hard drive until you delete them or they expire. We use the following types of cookies:

Essential. Some cookies are essential in order to enable you to move around our Sites and use their features. Without these cookies, we cannot enable appropriate content based on the type of device you are using.

Browsing and Functionality. These cookies allow us to remember choices you make on the Sites, such as your preferred language, and provide enhanced, more personalized features.

Performance and Analytics. Our Sites use Google Analytics, a web analytics service provided by Google, Inc. ("Google"). The information generated by the Google Analytics cookie about your use of the Sites will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may use the data collected to contextualize and personalize the ads of its own advertising network. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You can opt-out of the Google Analytics Advertising Features we use by indicating your preference using the interest-based opt-out link here. Google also provides a complete privacy policy and instructions on opting-out of Google Analytics here.

Targeting Advertising. We receive audience based data (such as pixel traffic and conversion data) from social media platform providers Facebook and LinkedIn, based on information such as IP addresses. We use this information to serve ads to you and enable marketing tracking. To block or limit this activity, please visit the sites below:

o Facebook: You should see a link to the opt-out when you select “Why am I seeing this?” when using Facebook. You can also select “Hide all from this advertiser” within Facebook to stop seeing our ads. More information can be found on Facebook's site.

o LinkedIn

Please check your browser and browser settings to determine where cookies are stored and whether and how they may be deleted. The Network Advertising Initiative also offers a means to opt-out of a number of advertising cookies. Please visit networkadvertising.org to learn more. Note that opting-out does not mean you will no longer receive online advertising. It does mean that the company or companies from which you opted-out will no longer deliver ads tailored to your preferences and usage patterns. In any event, if you reject our cookies, you may still use the Sites, but some of the Sites’ features may be limited.

IV. Use of Information Collected

We use the information collected on the Sites for the following purposes:

• To provide and improve the Sites and our services; • To provide information about the properties we manage; • To respond to inquiries and with your consent; • To track and analyze your usage of the Sites; • To compile user information for marketing purposes, advertising, conducting marketing analysis, providing you with recommendations for products or services based on your profile, and promotional material planning and distribution; • To receive and administer rent payments; • To process employment applications; and • For other legitimate business purposes.

V. Sharing and Disclosure of Information Collected

We may share or disclose your Personal Information in the following instances and to the following parties:

• To third party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us; • To third parties that control property-specific websites; • To third party payment processors that process rent payments for us; • To a third party job applicant and recruiting manager that manages our job application and recruiting process; • To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions and sales of all or substantially all of our assets; • To law enforcement in order to comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of the law or comply with legal process served on us, protect and defend our rights or property, or act in urgent circumstances to protect the personal safety of our end users; and •To protect against potential fraud, we may verify with third parties the information collected from the Sites.

VI. Collection and Use of Information from Children

The Sites are directed to persons 18 years of age or older. We do not knowingly collect, distribute, or share any information from persons under 18 years of age. If we become aware that a child under 18 years of age has provided information to us, we will delete such information as soon as possible.

VII. Access and Opt-Out

If you have an account on our Sites, you can access and edit the information you provided to us through individual settings on the Sites.

If you no longer wish to receive marketing communications from us, you can opt-out by following the unsubscribe instructions provided in the marketing communication or by contacting us at (310) 337-5400 or marketing@esring.com. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed.

Please note that even if you opt-out of marketing communications, we will still send you transactional and administrative messages regarding the Sites, including, for example, necessary notifications, administrative confirmations, important updates regarding the Sites, and notices regarding this Privacy Policy.

VIII. Third-Party Links and Social Media Plug-Ins

Our Sites may contain links to third-party websites. When you visit the website for a specific property, that website is controlled by a third party. When you pay rent, you do so through a website controlled by a third party. When you click on a job opening at E & S, you are directed to a third party website. We are not responsible for the privacy practices or content of such other websites. If you have any questions about how these other websites use your information, you should review their policies and contact them directly.

The Sites also offer you the ability to interact with plug-ins from the following social media sites: Facebook, Twitter, Instagram, Pinterest, Google+ and LinkedIn. E & S may know that you clicked on a social plug-in or receive other information from these social media sites. Similarly, if you have previously provided Personal Information to a third party operating a plug-in on the Sites, then this third-party may recognize you on the Sites. Your use of social network plug-ins is subject to each social media site’s privacy policy and other terms and conditions, which may be different from ours, so please read these policies carefully to understand their policies and your options. As with linked sites, E & S has no control over the information that is collected, stored, or used by social network plug-ins.

IX. Notice Regarding Public Posting Areas

Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

X. Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information you transfer to E & S is done at your own risk.

Once we receive your transmission, we make reasonable efforts to ensure security on our systems. If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. By using the Sites or providing Personal Information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of the Sites. We may post a notice on our Sites if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

We recommend that you take additional measures to protect yourself, including by installing anti-virus software, closing browsers after use, keeping your passwords confidential, and making sure that you regularly update software and apps. If you have reason to believe that the Personal Information that we have collected or our system security has been breached, please promptly notify us through the email address provided in the Contact section at the end of this Privacy Policy.

XI. Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personal and Non-Personal Information collected about you via the Sites.

XII. Dispute Resolution and Agreement to Arbitrate

Except where and to the extent prohibited by law, by using the Sites, you and E & S agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Sites, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent to:

• Us, at E & S Ring Management Corporation, 11050 Santa Monica Blvd 2nd Floor Los Angeles, CA 90025 or

• You, at the address we have on file for you.

Both you and E & S agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights. All such disputes shall be exclusively submitted to JAMS for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

XIII. Choice of Law

This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

XIV. Your California Privacy Rights

California Civil Code Section 1798.83 permits visitors to the Sites who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. However, we do not share your data with third parties for their direct marketing at this time.

From January 1, 2020, California consumers have the following rights. To the extent that these rights apply to you, the following rights are provided:

Right to know

You have the right to know and request information about the categories and specific pieces of Personal Information we have collected about you, as well as the categories of sources from which such information is collected, the purpose for collecting such information, and the categories of third parties with whom we share such information. You also have the right to know if we have sold or disclosed your Personal Information. You may also request a copy of the Personal Information we have collected and, upon request, we will provide this information to you in electronic form.

Right to delete

You have the right to request the deletion of your Personal Information, subject to certain exceptions and our record retention policy.

Right to opt-out of sale

You have the right to opt out of the sale of your Personal Information to third parties. However, we do not sell your data at this time.

Right to non-discrimination

You have the right to not be discriminated against for exercising any of these rights.

If you would like to exercise one or more of the rights above, please contact us using the contact information provided below. You may designate an authorized agent to make a request on your behalf. Such authorized agent must be registered with the California Secretary of State. We may deny a request from an agent that does not submit proof that they have been authorized by you to act on your behalf.

We may need to confirm your verifiable consumer request before completing your request, and, for example, may ask for you to confirm data points we already have about you or that you log into your account that you have with us. We will only use Personal Information provided in a consumer request to verify the requestor’s identity or authority to make the request.

XV. How We Respond to Do Not Track Signals

At this time our Sites do not recognize automated browser signals regarding tracking mechanisms, including “Do Not Track” instructions.

XVI. International Data Transfers

We are based in the US. If you choose to provide us with information, please understand that your Personal Information may be transferred to the US and that we may transfer that information to our affiliates and subsidiaries or to other third parties across borders. We put in place appropriate operational, procedural and technical measures in order to ensure the protection of your Personal Information. You acknowledge you understand that by providing your Personal Information: (i) your Personal Information will be used for the uses identified above in accordance with this Privacy Policy; and (ii) your Personal Information may be transferred to the US and other jurisdictions, in accordance with applicable law.

XVII. Changes to This Privacy Policy

We reserve the right to change this Privacy Policy from time to time. When we do, we will also revise the “Last Updated” date at the top of this Privacy Policy. If material changes are made to the Privacy Policy, we will notify you by placing a prominent notice on the Sites and/or by emailing you at the email address we have on file for you. We encourage you to periodically review this Privacy Policy to keep it up to date on how we are handling your Personal Information.

XVIII. Contact Us

If you have any questions about our privacy practices or this Privacy Policy, please contact us at:

E & S Ring Management Corporation

11050 Santa Monica Blvd 2nd Floor

Los Angeles, CA 90025

(310) 337-5400

marketing@esring.com

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