Last updated: June 22, 2021
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Under GDPR (General Data Protection Regulation), You can be referred to as the Data Subject or as the User as you are the individual using the Service.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Book & Ladder, LLC, 20 Enterprise, Suite 400, Aliso Viejo, CA 92565.
For the purpose of the GDPR, the Company is the Data Controller.
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Website refers to Book & Ladder, LLC, accessible from https://www.bookandladderpm.com.
Service refers to the Website.
Country refers to: California, United States
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used. For the purpose of the GDPR, Service Providers are considered Data Processors.
Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
Personal Data is any information that relates to an identified or identifiable individual.
For the purposes for GDPR, Personal Data means any information relating to You such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity.
Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Data Controller, for the purposes of the GDPR (General Data Protection Regulation), refers to the Company as the legal person which alone or jointly with others determines the purposes and means of the processing of Personal Data.
Do Not Track (DNT) is a concept that has been promoted by US regulatory authorities, in particular the U.S. Federal Trade Commission (FTC), for the Internet industry to develop and implement a mechanism for allowing internet users to control the tracking of their online activities across websites.
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Usage data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal
Data Business Transactions
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
- Security of Your Personal Data
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers to monitor and analyze the use of our Service.
Legal Basis for Processing Personal Data under GDPR
We may process Personal Data under the following conditions:
- Consent: You have given Your consent for processing Personal Data for one or more specific purposes.
- Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.
- Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.
- Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
- Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.
In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.
- Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.
- Request correction of the Personal Data that We hold about You. You have the right to to have any incomplete or inaccurate information We hold about You corrected.
- Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.
- Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.
- Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.
Exercising of Your GDPR Data Protection Rights You may exercise Your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask You to verify Your identity before responding to such requests. If You make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of Your Personal Data. For more information, if You are in the European Economic Area (EEA), please contact Your local data protection authority in the EEA.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third party websites do keep track of Your browsing activities. If You are visiting such websites, You can set Your preferences in Your web browser to inform websites that You do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of Your web browser.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us using the contact information provided below, and include the email address associated with Your account.
Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Effective Date: 1-10-2019
Important to Note:
Entrata provides its Platforms for use by our Clients, which are typically residential and commercial real estate property managers and property owners. Our Clients use our Platforms for many purposes, such as to manage the leasing lifecycle, and to facilitate communication with their End Users. Entrata typically has no direct relationship with our End Users; we simply process and store our End Users’ Personal Information (“Client Data”) on our Clients’ behalf, as their service provider, while the Clients are responsible for the processing. Any use of Client Data by us is carried out pursuant to an agreement (and/or our applicable Terms of Service) in place between Entrata and our Client.
If you, as an End User, have any questions or concerns about the data handling practices of an Entrata Client using our Platforms to process and store your personal information, please contact the relevant Client directly.
Our ProspectPortal Platform permits our Clients to create their own websites, which facilitate communication and transactions between prospective and current tenants and our Clients. While these websites are built using our Platforms, and Client Data obtained through these websites are stored on our systems, this data is considered Client Data and is governed by our Clients’ privacy notices/policies.
Finally, our Entrata Sites may contain links to other third-party websites. The information practices and content of such third-party websites are governed by their own privacy notices. We encourage you to review the privacy notices of such third-party websites to understand their information practices.
WHAT INFORMATION WE COLLECT AND WHY
We may collect Personal Information in various ways, such as when you: enter into a transaction or contractual arrangement with us; participate in Entrata’s programs or activities; provide data at industry events and trade shows; visit our facilities or we visit you at your offices; contact our customer services; or in connection with your inquiries and communications with us. We may also collect Personal Information from other sources, including the Client, data companies, publicly accessible databases, and joint marketing partners.
We have created the following table to help you understand the categories of Personal Information that we are responsible for, and process:
|Categories of Personal Information:||Specific Types of Personal Information:||Source:||Why We Collect It – Our Purposes|
|Client Personnel Information||Contact Information: First and last name, email address, employer, phone number (work), physical address (work), job title.|
Marketing Preferences and Customer Service Interactions: Marketing preferences; responses to voluntary surveys.
Operational Data: Transactions, sales, purchases, uses, supplier information, credentials to online services and platforms, and electronic content produced by individuals using company systems, including online interactive and voice communications such as blog, chat, webcam use, and network sessions.
|Directly from our Clients and Client Personnel||Communicate with Clients and Client Personnel for the purpose of supporting our contractual relationship. This includes:|
1. Informing Clients about our various Platforms and solutions, and providing access to our Platforms where the Client enters into an agreement with us.
2. Providing back-end access to the Platforms for Clients and Client Personnel
3. Tracking and responding to Clients’ inquiries, reports, reviews or correspondence regarding products and services.
4. Administering Client account(s).
5. Providing and improving our customer service.
6. Facilitating communications generally in the context of our business activities.
7. Sending administrative information to Clients, such as changes to our terms, conditions and policies.
9. Continuously improving, customizing and personalizing our Platforms.
10. Analyzing and improving the safety and security of our Platforms.
11. Supporting internal Entrata operations, including CRM and Client technical support.
12. Connecting with vendors via APIs to allow vendors to provide specific services directly to Clients.
13. Providing Clients and Client Personnel with access to our App Store’ to allow Clients to directly enable external applications.
14. Carrying out machine learning, data extracting and loading data in data warehouses, in order to support Entrata enterprise software, data access, modifications, operations, and provide access to third parties via secure integrations.
|Prospective Client Personnel Data||First and last name, email address, employer, phone number (work), physical address (work), job title.||Directly from Prospective Client Personnel.||Contact prospective Clients in order to set up demos of our Platforms. This includes:|
1. For marketing purposes, such as re-engaging with prospective Clients who have expressed an interest in our Platforms.
2. Administering account access to our Platforms.
3. Responding to inquiries, for example, when you send us questions, suggestions, compliments or complaints, or when you request further information about our services
|End Users||Contact Information: Name.|
|Directly from End Users in response to voluntary surveys.||Platform improvement and marketing purposes (to Potential Clients).|
HOW WE USE PERSONAL INFORMATION
We do not use Personal Information for purposes that are materially different to the purposes for which they were originally collected, as set out in Section 2. If these purposes change in the future, we will provide you with notice and a request to consent to (or an opportunity to opt-out of) this new use where so required by applicable law.
“Do Not Track” Notice: “Do Not Track” is a preference that you can set in your browser to let websites you visit know that you do not want them collecting certain information about you. Entrata does not currently respond to, or honor, Do Not Track signals or requests from your browser.
HOW WE DISCLOSE PERSONAL DATA
We will not disclose any personal information that we collect from you to any external parties except as indicated below (for CCPA purposes, all of the below categories of data recipients are classified as Service Providers or Third Parties, as those terms are defined):
1. Our Affiliates. We may disclose personal information to any of our subsidiaries and affiliates within the Entrata corporate group (click here for a list of our subsidiaries). Specifically, if our clients utilize our applicant screening service, we will share personal information with our subsidiary ResidentVerify, LLC. Additionally, if you utilize our renters insurance agent, we will share personal information with our subsidiary Property Solutions Insurance Agency, LLC.
2. Service Providers. We may disclose personal information to our service providers who perform certain services necessary to run our business (for example, data hosting and development, data analysis, customer service, auditing and other services), provided that these service providers have entered into legally binding agreements with us to protect the personal information shared, limit their use, retention, and disclosure of the personal information, and assist us with our compliance requirements.
3. Legal Request. We may disclose personal information to comply with applicable law and our regulatory monitoring and reporting obligations (which may include laws outside your country of residence), to respond to requests from public and government authorities (which may include authorities outside your country of residence), to cooperate with law enforcement, or for other legal reasons.
4. Business Transfer. We may disclose personal information to a buyer or successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Entrata’s assets, whether as a going concern or as part of bankruptcy, liquidation, receivership, or similar proceeding in which personal information held by Entrata are among the assets to be transferred.
We do not knowingly collect personal information from children under the age of seventeen (17) without authorization by a holder of parental responsibility. If you believe that we may have collected personal information from or about a child under the age of seventeen (17), please send an email to email@example.com with the subject line “Personal Data of a Minor.”
HOW WE PROTECT YOUR PERSONAL INFORMATION
We seek to use commercially reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. Where we have given you (or where you have chosen) a username and password (either as a Client or an End User) to access our Platforms, you are responsible for keeping this information confidential and preventing unauthorized access to your account. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “How to Contact Us” section below.
Where we collect your payment card information, we will comply with all applicable Payment Card Industry Data Security Standards (PCI-DSS).
RETAINING YOUR PERSONAL INFORMATION
We retain personal information for as long as needed or permitted in light of the purpose(s) for which they were obtained and consistent with applicable law. The criteria used to determine our retention periods include:
1. The length of time we have an ongoing relationship with you or our Client, and provide the use of our Platforms to you or our Client (for example, for as long as you have an account with us or keep using the Platforms);
2. Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
3. Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation or regulatory investigations).
KEEPING YOUR INFORMATION UPDATED
Where you have set up an account on one of our Platforms through our Clients, it is up to you to keep your personal information up to date. If you are unable to update your personal information, please contact our relevant Client with which you have a primary relationship. If our Client is unable to assist you, we will endeavor to assist our Client with updating your information.
INFORMATION FOR CALIFORNIA CONSUMERS
The information and rights in this section apply specifically to California residents.
In compliance with the California Consumer Privacy Act (“CCPA”), Entrata does not sell, trade, or rent any Personal Information, nor have we done so in the preceding twelve months. Entrata has not sold the Personal Information of minors under 16 years of age without first attaining affirmative authorization.
California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Currently Entrata does not disclose Personal Information to third parties for their direct marketing purposes. Thus, upon receipt of such a request by a California consumer, and as required by California state law, we will respond with either (1) a confirmation that we have not disclosed any Personal Information to third parties for their direct marketing purposes in the previous calendar year, or (2) if our practices have changed, provide a list of all third parties to whom Personal Information was disclosed for their direct marketing purposes in the preceding calendar year, whichever is relevant. California consumers may request further information about our compliance with this law by emailing us at firstname.lastname@example.org.
Under the CCPA, California consumers have various rights regarding the Personal Information that Entrata’s clients collect and process using Entrata’s platforms.
California consumers have the right to:
1. Request disclosure of the categories and specific pieces of Personal Information that a Business has collected about you.
2. Request disclosure of the categories of third-party sources, if any, from which a Business has collected Personal Information about you.
3. Disclosure of the Business or Commercial Purpose(s) for which your Personal Information has been collected.
4. Receive a list of the categories of third parties with whom a business has shared your Personal Information.
5. Request that a business delete any Personal Information that it has collected from you (subject to exceptions).
6. Not be discriminated against by a business (e.g. charged different rates, provided different levels of service, denied goods or services, or suggested any of the preceding) for exercising any of the individual rights granted above.
7. Designate an authorized agent to exercise any of the individual rights granted above, on your behalf.
8. Opt-out of the sale of Personal Information, if applicable.
To exercise any of your rights as a California consumer, you should contact the Client with which you have a direct relationship, or contact Entrata directly if your relationship is only with us (e.g. personnel of our Clients or our potential Clients) by sending an email to email@example.com.
Before complying with your request, our Clients (or Entrata) may need to verify that it is you that is making the request. To accomplish this, you (or your authorized agent) may be requested to (1) confirm specific pieces of Personal Information that our Clients (or Entrata) already know about you, or (2) provide our Clients (or Entrata) with appropriate identification depending on the sensitivity of the information requested. California consumers are limited to two requests for Personal Information per twelve-month period.
END USERS’ PERSONAL INFORMATION
Our Clients who utilize our Platforms to create property management websites are responsible for what they do with the Personal Information they collect, directly or through Entrata’s Platforms, about their End Users. If our Clients utilize our payment processing functions, your payment information may be processed via third party payment processors in accordance with such payment processors’ terms and policies. We transmit your complete payment information when you initiate a payment through the Entrata Platform. We collect this information only so that we can pass it along to our payment processors, which you agree to use by submitting a payment through the Entrata Platform. Where we collect your payment card information, we will comply with all applicable Payment Card Industry Data Security Standards (PCI-DSS).
If you have any questions or complaints related to our practices with respect to the collection, use, or disclosure of personal information, please feel free to contact us at:
Entrata Legal Department
4205 Chapel Ridge Rd.
Lehi, UT 84043