Privacy Policy

SIMPSON HOUSING, LLLP (SHLP) PRIVACY POLICY

Last Updated and Effective Date: May 3, 2023

This Privacy Policy (the “Privacy Policy”) of Simpson Housing LLLP (collectively, with its subsidiaries and affiliates, “we,” “us” or “our”) describes our privacy practices regarding information we collect from persons in the United States (“you” or “your”) who access our websites found at www.SimpsonHousing.com and www.SimpsonPropertyGroup.com, and all affiliated URLs pointing to the aforementioned websites (the “Site”), as well as persons in the United States who provide information by phone, text message, e-mail, in-person, or by other means either directly to us or to our vendors, affiliates, or business or marketing partners (such as Zillow, Apartments.com, and ForRent.com).  We reserve the right to change this Privacy Policy at any time.  If we change our Privacy Policy, we will post an updated version of it.  Please check back periodically to see if our Privacy Policy has been updated.  Updates to the Privacy Policy will be referenced by the "Last Updated and Effective Date" shown above. 

Definitions

“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. “Personal information” does not include: (i) publicly available information or lawfully obtained, truthful information that is a matter of public concern; or (ii) information that is deidentified or aggregate consumer information. 

“Sensitive Personal Information” means Personal Information that reveals information such as: (a) social security, driver’s license, state identification card, or passport number; (b) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (c) precise geolocation; (d) racial or ethnic origin, religious or philosophical beliefs, or union membership; (e) the contents of a consumer’s mail, email, and text messages unless we are the intended recipient of the communication; (f) genetic data; and (g) information about a known child.  Sensitive Personal Information includes the processing of biometric information for the purpose of uniquely identifying a consumer, Personal Information collected and analyzed concerning a consumer’s mental or physical health and Personal Information collected and analyzed concerning a consumer’s sex life or sexual orientation.  Sensitive Personal Information that is publicly available is not considered Sensitive Personal Information or Personal Information.

1. Categories of Personal Information We Collect

We may collect the following categories of Personal Information:

1. Identifiers, including email address, phone number, postal address, zip code, driver’s license number, social security number, financial information, date of birth, state and license plate number, and emergency contact information.
2. Protected Characteristics, including date of birth and certain identifying medical information which may reveal details about your physical appearance and disability status.
3. Commercial Information, including your income, bank name, credit reports and related information, bank name, account number, credit card information, your vehicle description and its state and license plate number.
4. Internet or Other Network Activity Information, such as your internet protocol (IP) address, your browsing history, the pages you have visited (including the domain names from which visits to our Site originate), your settings and preferences each time you visit our Site and other information regarding your interaction with our Site (including all actions that are initiated or facilitated using our Site).  We also maintain a log file of all actions that are initiated or facilitated using our Site, to capture, record and store data concerning the transaction.
5. Geolocation Data, such as your IP address. 
6. Professional Information, such as your occupation and income.
7. Sensitive Personal Identifiers, including driver’s license number, state identification number, passport number and social security number.
8. Account Information, such as your account with us.

2. Sources from Which We Collect Personal Information

We collect Personal Information from the following sources:

1. Directly from You, through our Site, online lease applications, and in-person at our rental locations, including your responses to forms or surveys within the Site, by phone, e-mail, or otherwise. You may choose not to provide your Personally Information by not entering any Personal Information on the Site or otherwise communicating that information to us. However, you may not be able to use certain services and features if those services and features require Personal Information in order to function.
2. Automatically based on your interaction with us, including through our security cameras and the use of “cookies” on our Site.  Cookies are small strings of text that our Site sends to your browser and which then stores them on your computer's hard drive. You may refuse the use certain cookies by selecting the appropriate settings on your browser.  Please note that by doing so, you may not be able to use the full functionality of the Site.
3. From our Service Providers/Contractors, including consumer reporting agencies and credit and background checking entities.

3. Why We Collect Your Personal Information

We collect your Personal Information for the following business purposes:

1. To provide the services you have chosen, and to establish, manage and terminate our business relationship with you.
2. To help us communicate with you, to contact users to inform them of community events, respond to questions, comments, online reviews, or requests for information.
3. To manage and develop our business and operations, and to collect debts owed to us. 
4. To improve the user experience on our site, to personalize your experience on our Site, make your visit more convenient, and understand how you and others are using our Site so that we can improve your experience on the Site. We use cookies to identify repeat visitors to our Site and to determine the paths visitors take on our Site. We also use cookies to determine whether you visited our Site from a particular Internet link or advertisement.
5. To provide security, protect against error, fraud, theft and damage, and to otherwise protect our legal rights or property or other customers.
6. To enable us to comply with applicable law or regulatory requirements.

4. Information We Have Collected in the Past 12 Months, How and Why

Subject to the disclosures made above, set forth below in chart format are the categories of Personal Information we have collected in the preceding 12 months, the categories of sources from which the Personal Information was collected and the purpose for the collection. 

Category of Personal Information	Categories of Sources from which Personal Information Collected	Business or Commercial Purpose for the Collection
PERSONAL INFORMATION
Identifiers	See Sections 2.A – 2.C, above.	See Sections 3.A – 3.F, above.
Protected Characteristics	See Section 2.A and 2.C, above.	See Sections 3.A and 3.E, above.
Commercial Information	See Sections 2.A – 2.C, above.	See Sections 3.A, 3.B, 3.C, 3.E., and 3.F.
Internet or Other Electronic Network Activity Information	See Sections 2.B and 2.C, above.	See Sections 3.C and 3.D, above.
Geolocation Data	See Sections 2.B, above.	See Sections 3.C and 3.D, above.
Professional Information	See Sections 2.A and 2.C, above.	See Sections 3.A and 3.E, above.
SENSITIVE PERSONAL INFORMATION
Sensitive Personal Identifiers	See Section 2.A, above.	See Sections 3.A, 3.C, and 3.E, above.
Financial/Account Information	See Section 2.A, above.	See Sections 3.A, 3.C, and 3.E, above.

5. De-Identified Information

We also aggregate deidentified information. This is Personal Information that we have modified so it cannot be reasonably linked to you, despite coming from you.  In general, we use deidentified information to help us improve our services and customize the user experience.  We also aggregate deidentified information in order to track trends and analyze use patterns on the Site.  This Privacy Policy does not limit in any way our use or disclosure of deidentified or aggregate information and we reserve the right to use and disclose such Information to our partners, advertisers and other third parties at our discretion. 

6. Personal Information We Sell, Share or Disclose.

We do not sell your Personal Information and we don’t share for cross context behavioral advertising your Personal Information without your consent. We disclose your Personal Information only to service providers, vendors, and contractors that perform services on our behalf. When we disclose Personal Information on that basis, we have or will have entered into a contract that prohibits the service provider from using or disclosing that information except where necessary to perform the services for which we have contracted. 

The entities with whom we may disclose your Personal Information include as the vendors that manage our email and text message communications, survey vendors, vendors that communicate community updates and events, vendors that manage applications and background/credit screening, insurance providers, and web developers. The business purposes for which we disclose Personal Information to our service providers, contractors, and vendors include: 

• Security and Fraud Detection: We disclose Personal Information for our security and fraud detection services including detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity; and prosecuting those responsible for that activity.
• Short-Term / Transient Use: We disclose Personal Information for short-term, transient use, including, but not limited to, non-personalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the business.
• Services on Our Behalf: We disclose Personal Information in order to receive services performed on our behalf, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on our behalf.
• Advertising and Marketing Services: We disclose Personal Information to provide advertising or marketing services on our own behalf.
• Quality Control & Improvement of Products and Services: We disclose Personal Information to verify, maintain, and improve our products and services.

The chart below sets forth the Personal Information we have disclosed to our service providers, contractors during the last 12 months, and why.

Categories of Personal Information that We Disclose	Business Purposes for the Disclosure of Personal Information
PERSONAL INFORMATION
Identifiers	Security and Fraud Detection Short-Term / Transient Use Services on Our Behalf Advertising and Marketing Services Quality Control & Improvement of Products and Services
Protected Characteristics	Security and Fraud Detection Short-Term / Transient Use Services on Our Behalf Advertising and Marketing Services Quality Control & Improvement of Products and Services
Commercial Information	Security and Fraud Detection Short-Term / Transient Use Services on Our Behalf Advertising and Marketing Services Quality Control & Improvement of Products and Services
Internet or Other Electronic Network Activity Information	Short-Term / Transient Use Services on Our Behalf Advertising and Marketing Services Quality Control & Improvement of Products and Services
Geolocation Data	Short-Term / Transient Use Services on Our Behalf Advertising and Marketing Services Quality Control & Improvement of Products and Services
Professional Information	Security and Fraud Detection Short-Term / Transient Use Services on Our Behalf Advertising and Marketing Services Quality Control & Improvement of Products and Services
SENSITIVE PERSONAL INFORMATION
Sensitive Personal Identifiers	Security and Fraud Detection Short-Term / Transient Use Services on Our Behalf
Financial/Account Information	Security and Fraud Detection Short-Term / Transient Use Services on Our Behalf

As Necessary:  We may also disclose Personal Information, as necessary: (a) to comply with any legal process; (b) to respond to requests from public and government authorities; (c) to enforce our terms and conditions; (d) to protect our operations and protect our rights, privacy, safety or property, and/or that of you or others; and (e) to allow us to pursue available remedies or limit the damages that we may sustain.  We may also use Personal Information in connection with or during negotiation of any reorganization, acquisition, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

We only use Sensitive Personal Information for purposes disclosed herein.  We do not use or disclose Sensitive Personal Information for purposes other than those specified herein.

7. Our Retention Policy

We will retain each category of your Personal Information identified above for an amount of time that is reasonably necessary for us to use the information for the purposes disclosed herein and for any other permitted purposes, including retention of Personal Information pursuant to any applicable contract, law or regulation. 

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal requirements.

8. How We Protect Your Personal Information

We protect your information from potential security breaches by implementing certain physical, administrative and technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software.  By using our services, you acknowledge that you understand and agree to assume these risks.

9. Links to Other Websites

As part of our Site, we may provide links to or compatibility with other websites or applications.  However, we are not responsible for the privacy practices employed by those websites or the information or content they contain.  This Privacy Policy applies solely to information collected by us.  Therefore, this Privacy Policy does not apply to your use of a third-party website accessed by selecting a link on our Site.  To the extent that you access or use the services through or on another website or application, then the privacy policy of that other website or application will apply to your access or use of that site or application.  We encourage our users to read the privacy policies of other websites before proceeding to use them.

10. Who May Use This Website

This Site is designed for users from the United States. Users from other countries are advised not to disclose Personal Information unless such users consent to and agree to have their information used as set forth in this Privacy Policy, rather than under the laws of their home country. You should not submit any Personal Information via our Site unless you consent to and agree to be bound by this Privacy Policy and by the laws of the United States.

11. Children Under the Age of 18

Our Site is not intended for children under the age of 18.  No one under age 18 may provide any information to us through or on the Site. We do not knowingly collect Personal Information from children under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register for an account on the Site, or use any of the interactive features of the Site or provide any information about yourself to us. If we learn that we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information. If you have any questions about our information collection practices, please contact us at the e-mail listed below.

12. Rights for California Residents

This section only applies to California residents.

California residents may exercise certain privacy rights pursuant to the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2023, and related regulations.  Your right to submit certain requests as a California resident are described below. Please note that these rights are subject to certain exceptions and certain of these rights are subject to verification mechanisms.

• Right to Know Personal Information Collected About You. You have the right to know: (1) the categories of Personal Information we have collected about you; (2) the categories of sources from which the Personal Information is collected; (3) the business or commercial purpose for collecting Personal Information; (4) the categories of third parties to whom we disclose Personal Information; and (5) the specific pieces of Personal Information we have collected about you.  You also have the right to know the list of all third parties to whom we have disclosed Personal Information, as defined under California Civil Code Section 1798.83(e) (a/k/a the “Shine the Light Law”), during the preceding year for third-party direct marketing purposes. You may submit a request by calling us at 844-281-8444 or emailing us at [email protected].
• Right to Know Personal Information Disclosed, Sold or Shared and to Whom.  You have the right to request that we disclose to you: (1) the categories of Personal Information that we collected about you; and (2) the categories of Personal Information that we disclosed about you for a business purpose and the categories of persons to whom it was disclosed for a business purpose.
• Right to Request Deletion of Your Personal Information.  You have the right to request that we delete your Personal Information, subject to a number of exceptions.  Following receipt of a request, we will let you know what, if any, Personal Information we can delete from our records.  If we cannot delete all of your Personal Information, we will let you know the reason.  You may submit a request by calling us at 844-281-8444 or emailing us at [email protected].
• Right to Correct Inaccurate Information.  If you believe that any of the Personal Information we maintain about you is inaccurate, you have the right to submit a request for us to correct that information.  Upon receipt of a request, we will use commercially reasonable efforts to correct the information as you direct.  You may submit a request by calling us at 844-281-8444 or emailing us at [email protected].
• Right to Opt-Out of the Sale and Sharing of Your Personal Information.  As noted, we do not sell or share for cross-context behavioral advertising your Personal Information.  As such, this right does not apply to you.
• Right to Limit the Use of Your Sensitive Personal Information.  You have the right to limit the use of Sensitive Personal Information under circumstances.  You do not have this right where we use your Sensitive Personal Information for the following purposes:  (i) to that use which is necessary to perform the services or provide the goods reasonably expected by you; (ii) to help to ensure security and integrity; (iii) to perform services on our behalf; (iv) to undertake 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 (v) to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.  Given the nature of our use of your Sensitive Personal Information, this right does not apply to you.
• Right to Non-Discrimination for Exercising Your Rights. If you choose to exercise any of your rights, you have the right to not receive discriminatory treatment by us. 

When you make a request to know, delete and/or correct, to help protect your privacy and maintain security, we will take steps to verify your identity.  Our verification procedure may differ depending on whether you have an account with us or not and the request you are making.  The following generally describes the verification processes we use: 

• Password Protected Accounts.  If you have a password-protected account with us, we may use existing authentication practices to verify your identity but will require re-authentication before disclosing, correcting or deleting data.  If we suspect fraudulent or malicious activity relating to your account, we will require further verification (as described below) before complying with a request to know or delete.

• Verification for Non-Accountholders.  If you do not have, or cannot access, a password-protected account with us, we will generally verify your identity as follows:
• For requests to know categories of Personal Information, we will verify your identity to a reasonable degree of certainty by matching at least two data points provided by you with reliable data points maintained by us.
• For requests to know specific pieces of Personal Information, we will verify your identity to a reasonably high degree of certainty by matching at least three data points provided by you with reliable data points maintained by us.  We will also require a declaration, signed under penalty of perjury, that the person requesting the information is the person whose information is the subject of the request or that person’s authorized representative.  We will maintain all signed declarations as part of our records.
• For requests to correct or delete Personal Information, we will verify your identity to a reasonable degree or a reasonably high degree of certainty depending on the sensitivity of the Personal Information and the risk of harm posed by unauthorized deletion.  We will act in good faith when determining the appropriate standard to apply.

If there is no reasonable method by which we can verify your identity, we will state so in response to a request to know or delete Personal Information, including an explanation of why we have no reasonable method to verify your identity.

If you use an authorized agent to submit a request to know, delete or correct, we may require the authorized agent to provide proof that you gave the agent signed permission to submit the request. We may also require you to do either of the following: (a) verify your own identity directly with us; or (b) directly confirm with us that you provided the authorized agent permission to submit the request.  This requirement does not apply if you have provided the authorized agent with power of attorney pursuant to California Probate Code sections 4121 to 4130.

We will respond to requests to know, requests to delete and / or delete no later than 45 calendar days.  If we cannot verify your request within 45 days, we may deny your request.  If necessary, we may take up to an additional 45 days to respond to your request but in such an event will provide you a notice and an explanation of the reason that we will take more than 45 days to respond to your request.  

13. Your Consent and Policy Changes.

Please read this entire Privacy Policy carefully.  By using the Site or by otherwise providing information to us, you expressly consent, without qualification, to the collection, use and disclosure of information, including Personal Information, as described in this Privacy Policy.  If you do not agree to the terms of this Privacy Policy, you are not authorized to use the Site.

We may amend this Privacy Policy from time to time.  Should this Privacy Policy be modified in any way, the new Privacy Policy and its effective date will be posted to the Site.  As we may make changes from time to time, we suggest that you periodically review the Privacy Policy.  By using the Site and/or submitting Personal Information after the effective date of any modification to the Privacy Policy, you expressly consent, without qualification, to the collection, use and disclosure of information, including Personal Information, as described in the new Privacy Policy. For this reason, we encourage you to review this page each time you submit Personal Information.

14. How to Contact Us.

Should you have other questions or concerns about this privacy policy, please call us at 844-281-8444 or send us an email at [email protected] or by mail at Simpson Housing, LLLP, c/o Legal Department, 7601 E. Technology Way, Suite 600, Denver CO 80237  Please note: Only inquiries regarding Simpson Housing LLLP’s Privacy Policy can be answered via this phone number or email address.