Introduction

This Privacy Policy (“Policy”) is a LEGAL and BINDING AGREEMENT BETWEEN you LandlordsNY, LLC (“Company”). Please review this Policy fully before you access and/or use Company’s website located at https://www.landlordsny.com (the “Website”) or any of the Company’s social media sites, apps or platforms (the “Social Media Sites”). As used in this Policy, the word “Sites” shall include Company’s Website and Social Media Sites.

The Sites are intended to be a safe environment for anyone who accesses and/or uses them. Company owns and/or licenses all of the information and content that is featured, displayed, or contained on any of Company’s Sites including without limitation posts, comments and narratives, software codes and all other information in any and every format now existing or that may be created in the future, including without limitation advertisements, still images, graphic designs, text, descriptions of apartments and real estate, videos and all other information whatsoever in any and every format now existing or that may be created in the future including without limitation text, graphic designs, still images, videos, audio and multimedia (collectively, the “Content”) including User Content. “User Content” means all information, posts, comments, behavioral data and narratives that you or any other user of the Sites posts, submits, or otherwise transmits and/or uploads to any of the Sites.

Company has created this Policy to demonstrate our commitment to the privacy of users of our Sites. This Policy governs your access and use of the Sites and Company’s privacy practices with respect to the Sites. By using Company’s Sites, you consent to the collection, processing, use, disclosure and retention of your information by Company as described in this Policy. You shall also be subject to any additional terms posted with respect to individual sections of Company’s Sites, which also govern your use of Company’s Sites. These additional terms include without limitation the Terms of Service for Company’s Sites. In addition, you agree to be bound by the terms and conditions, privacy and/or other policies (the “Social Media Platform Rules”) of any of the social media sites and platforms on which Company’s Social Media Sites reside.

Your Acceptance of this Policy

If you do not agree to this Policy, you are directed to discontinue using and accessing the Sites. The Company reserves the right to change or update this Policy at any time and without prior notice. Your continued access or use of Company’s Sites after such changes or updates indicates your acceptance of the Policy as changed or updated. It is your responsibility to review this Policy regularly. This Policy was last updated on September 1, 2017.

Collection, Processing, Use, Disclosure and Retention of Information About

When you use our Website and Social Media Sites, Company and/or third party service providers Company uses automatically track certain information about you (the “Tracking Information”). This information includes your Internet Protocol (IP) address, your Internet browser and version, your operating system, the Internet site or URL from which you came from prior to landing on Company’s Sites, the date and time that you access or use our Sites, geolocation information, metadata information, searches that you conduct, key words, the fact that you visited the Sites, the pages that you visit within the Sites, and the Internet site, URL or social media page or platform to which you go upon leaving Company’s Sites. Company reserves the right to use and sell this Tracking Information, in an aggregated and non-personally identifiable form. Company also reserves the right to use and sell User Content and any data and/or information derived from same in an aggregated and non-personally identifiable form.

“Cookies”, “web beacons”, Internet tags, pixel tags, and clear GIFs (collectively, “Cookies”) are pieces of information that may be placed on your computer by a website, social media site or platform, or application for the purpose of facilitating and enhancing its communications and interactions with you. Company may use Cookies to customize your visitation experience, deliver Content consistent with your stated interests and provide you with custom-tailored Content. By showing Company how and when its users use the Sites, Cookies also help Company ascertain which areas are popular and which are not. Most Internet browsers are initially set to accept Cookies, but you can set your Internet browser to refuse cookies. In addition, you can delete Cookies from your browser’s history cache. Please refer to your browser’s instructions or FAQ for information about using its Cookie settings.

Except as otherwise provided in this Policy or our Terms of Service, Company shall not share, license, sell, trade or rent any of your personally identifiable information to third parties without your advance written permission or as and to the extent required by law. When you communicate with Company via email, telephone, fax or otherwise, Company may become privy to personally identifiable information about you such as your name, address, zip code, phone number, and email address. By using or accessing the Sites, you shall be deemed to expressly opt-in and you knowingly and voluntarily consent to Company contacting you, subject to applicable laws. You may at any time prevent Company from using your email address by “opting out” of specific mailing lists and services. To “opt out,” please send an email to Company at info@landlordsny.com, indicating that you no longer wish to receive specific mailing lists and services.

When you provide any personal information to Company by way of the Sites, you understand and consent to the collection, processing, use, disclosure and retention of such information by on or behalf of Company to the maximum extent permitted by applicable laws. Company’s collection of your personal information shall be subject to the provisions of this Policy and the Terms of Service. You may withdraw such consent as provided in this Policy or Terms of Service, provided that pursuant to law or other reasons, there may be circumstances in which you may not withdraw your consent to the collection, processing, use, disclosure and retention of your information. In any such case of your withdrawal of consent, you acknowledge that there may be a delay before Company fully implements your withdrawal request and you may therefore still be contacted by Company for a period of time thereafter in connection with prior consent. Notwithstanding your withdrawal of any consent, Company may subsequently contact you for other purposes that are unrelated to marketing and/or selling, including without limitation legal or regulatory purposes. Please be aware that applicable laws may require or permit the collection, processing, use or retention of your information without your consent.

Most Internet browsers can be set to transmit digital “Do Not Track” requests to websites and social media sites and platforms. Such sites may but are not required to comply with “Do Not Track” requests. At this time, Company does not respond to any digital “Do Not Track” requests.

You must protect the privacy of your own information. You must take precautions to protect the security of all personally identifiable information that you may transmit to, from or through the Sites over any home networks, routers, private wireless (WiFi) networks, public WiFi networks, and all other communication technologies. You must use encryption and other privacy techniques to prevent unauthorized persons from intercepting and/or receiving any such personally identifiable information. You are solely responsible for the security of all such information at all times. Consistent with the foregoing, you shall not utilize unencrypted, open access or otherwise unsecured networks in connection with your access to and/or use of the Sites.

If Company sells or transfers all or a portion of its business, whether to an affiliate, subsidiary, related entity, third party or otherwise, or if Company enters into a consolidation, merger, sale of stock or assets, or any similar transaction or enters into bankruptcy or insolvency, you expressly agree that Company shall have the right to sell, license or otherwise transfer any information Company has about you. In such event, Company shall request that the parties involved in any such transaction endeavor to conduct the collection, processing, use, disclosure and retention of your information in the same manner as Company does in this Policy.

If you have any questions about Company’s handling or use of your personal information, please contact Company at the address below:

LandlordsNY, LLC 545 8th Avenue Suite 1270 New York, NY 10018

Registration and Passwords

Access to many pages on the Website is limited to users who have an account. As part of the registration process, you will be provided a unique user name and password. You will not distribute your user name and your password with any other person. You are solely responsible for maintaining the confidentiality of your user name and your password and Company expressly disclaims any and all responsibility for any disclosure or breach of confidentiality of same. You will be responsible for all consequences and damages arising from all uses of your user name and/or password, whether or not authorized by you and Company expressly disclaims any and all responsibility for same. You agree to notify the Company immediately of any unauthorized use of your registration or password.

Financial Transactions

All financial transactions conducted on the Website shall be carried out using third party merchant service providers that are not affiliated with or under the control of Company. All payment options on the Website are made through such merchant services. You agree to be bound by the terms, conditions and policies of such merchant service providers. You agree that Company shall not be responsible for any transactions or dealings conducted through such merchant service providers. You further agree that Company shall not be responsible for any financial transactions or dealings conducted through the Sites, including by any third party merchant service providers. It shall be the user’s responsibility to pay any fees, charges and/or costs associated with the use of any third party merchant service providers on the Sites. Presently, Company uses Stripe as its third party merchant service provider. You agree to be bound by all applicable terms, conditions and policies of Stripe, including without limitation with respect to the use of your information, which are located at www.stripe.com.

You agree that the services offered on the Website may be impacted and/or changed by any change to the services offered by third party merchant service providers, including without limitation Stripe. You agree not to seek any recovery or recourse from Company relating to any financial transactions in which you engage via the Sites and that you shall look exclusively to such merchant service providers, and not to Company, for any and all recovery and recourse.

You agree that Company may charge a separate service fee in connection with any products and/or services offered and sold on its Sites. Company shall not issue any refunds in connection with the products and/or services offered on its Sites.

Bill Tracker Dashboard

Users with an account on the Website have access to the Bill Tracker Dashboard. The Bill Tracker Dashboard allows such users to track their building’s energy usage and get notifications when costs exceed budget. When a user uses the Bill Tracker Dashboard, certain user information, including without limitation user utility company account numbers and utility company username(s) and password(s), is shared with Company and/or any third party merchant service provider(s) Company uses in connection with the BillTracker Dashboard.

Presently, Company utilizes National Energy Cost Services as its third party merchant service provider for the Bill Tracker Dashboard. You agree that Company shall not be responsible for any transactions or dealings conducted through any third party merchant service providers, including without limitation National Energy Cost Services. You agree to be bound by all applicable terms, conditions and policies of National Energy Cost Services, including without limitation with respect to the use of your information, which are located at www.necsenergy.com.

You agree that the Bill Tracker Dashboard may be impacted and/or changed by any change to the services offered by third party merchant service providers, including without limitation National Energy Cost Services. You agree not to seek any recovery or recourse from Company relating to any transactions with National Energy Cost Services in which you engage via the Sites and that you shall look exclusively to such merchant service providers, and not to Company, for any and all recovery and recourse.

Mobile Device Users of Company’s Sites

You can access and use Company’s Sites with virtually any mobile communications device such as a tablet, smartphone or wearable device that has an Internet browser application (a “Mobile Device”), provided that you subscribe or have access to a mobile telecommunications network. You are solely responsible to pay any and all service and/or telecommunications provider fees for mobile Internet access to Company’s Sites including all applicable text messaging fees and data and other charges. Company shall not be responsible for any technical or other difficulties that you may experience when you use any Mobile Device or public or private mobile communications network to access or use any of Company’s Sites. Some of the features of Company’s Sites may not be available or accessible when you view Company’s Sites using a Mobile Device. You understand that Company is providing its Sites to you on an “as is” basis without any warranty or guarantee whatsoever.

In addition to the Tracking Information described above, when you use a Mobile Device to access and/or use the Sites, Company may collect and process information and metadata about geographic location, mobile device, your mobile network, IP address and other information, including without limitation information about nearby devices including Mobile Devices, WiFi access points and cellular communications towers that can be derived technologically from the use of your Mobile Device. Company is entitled to use this information as described in this Policy.

Most Mobile Devices allow a user to control and disable location services, Cookies, and other privacy settings. Please refer to the instructions for your Mobile Device for additional information.

There are many potential risks when you use a Mobile Device. If your Mobile Device is lost, stolen, or compromised, or if someone else gains access to your mobile network, your personally identifiable information could be compromised or hacked. Company expressly disclaims any and all liability and responsibility for any such compromise and/or hack and any and all damages arising from same.

Company reserves the right to change, suspend or discontinue the Mobile Website and/or your use of the Mobile Website at any time for any reason without prior notice to you.

Risks

Company strives to protect the personal information, confidentiality and privacy of each user. However, Company cannot and does not guarantee the security of any personally identifiable information or Content that you disclose online or submit to Company via the Sites or otherwise, and you do so solely at your own risk.

You acknowledge that you are aware of security and privacy limitations including but not limited to: (1) the global accessibility of Company’s Sites on the Internet; (2) the technological limitations of security, privacy, and authentication measures and features on Internet sites and specifically on Company’s Sites; (3) the risk that data or information is transmitted to or from Company’s Sites may be subject to eavesdropping, sniffing, spoofing, forgery, spamming, “impostering”, tampering, breaking passwords, harassment, fraud, electronic trespassing, hacking, denial of service attacks, nuking, system contamination (including computer viruses, Trojan horses, worms, defects, date bombs, time bombs, malware, ransomware, bugs, executables or other items of a destructive nature or any other malicious computer codes, scripts, applications or programs) causing unauthorized, damaging, or harmful access to and/or retrieval of information and data on your computer or network; (4) the risk that data or information on any of Company’s Sites may be subject to other security or privacy hazards, may not reach its destination, or may reach an erroneous address or recipient; (5) unauthorized access by third parties; and (6) the content or the privacy policies of other websites and social media websites and platforms, including without limitation those to which Company may link or be linked.

Children

Company is committed to the safety of children and to protecting the online privacy of children. Company does not request or knowingly collect any personal information from children under the age of eighteen (18). If Company becomes aware that a child under the age of 18 has provided personal information to the Sites, Company shall take reasonable measures to delete all such information from Company’s stored records; provided, however, that in instances in which Company collects a persistent identifier and no other personal information, Company may use such identifier solely to provide support for the internal operations of the Sites. Company relies on the parents and guardians of children to monitor their children’s access and use of the Internet, including Company’s Sites.

General Provisions

You and Company have agreed to this Policy within the State of New York for all purposes. All products and/or services that are furnished to you on, to, from, or through the Sites are deemed to be furnished within the State of New York. Any and all disputes arising out of, under, or in connection with this Policy including without limitation, its validity, interpretation, performance or breach shall be adjudicated exclusively in the United States District Court for the Southern District of New York or in the Supreme Court of the State of New York, County of New York. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of forum non conveniens. You agree to reimburse Company for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against or by you. This Policy and its validity and effect shall be interpreted under, and governed by, the substantive laws of United States of America and the State of New York, without regard to principles of conflicts of laws or statutes.

This Policy and any other rules or terms posted on any of Company’s Sites, including without limitation the Terms of Service, constitute the entire agreement between you and Company and supersedes all previous written or oral agreements between Company and you. No action or inaction by Company may be construed as a waiver of this Policy or any part thereof. If any of the provisions of this Policy are held to be unenforceable by a court having competent jurisdiction, the remainder of this Policy shall continue in full force and effect.

California Privacy Rights

Annually, California residents may request and obtain personal information that Company has shared with third parties for such third parties’ direct marketing purposes within the prior calendar year (as defined by California Civil Code § 1798.83, commonly known as California’s “Shine the Light Law”). If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which Company shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to privacy@landlordsny.com with the words "California Shine the Light Privacy Request" in the subject line as well as in the body of your message. Company shall then furnish the requested information to such email address.

Law Enforcement

The Company fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. The Company reserves the right to release information to law enforcement agencies about a user in the following instances: (1) the Company believes such users are in violation of these Terms or the Privacy Policy; (2) as required by law; (3) when the user is engaging in any activities that the Company in its sole and absolute discretion believes to be unlawful; (4) when we believe disclosure is necessary to prevent physical harm or financial loss; or (5) in connection with an investigation of suspected or actual illegal activity.

Copyright © 2014-2017 by LandlordsNY, LLC. All Content contained in and on the Company’s Sites constitutes intellectual property belonging exclusively to the Company and or their respective owners and is protected by international, federal and state copyright law and other laws and treaties. Any copying, republication, redistribution, creation of derivative works or public performance of any of the Content is strictly prohibited. The Company reserves the right to enforce its intellectual property rights and all other legal rights and interests to the maximum extent permitted by applicable law. All rights and remedies of Company are expressly reserved.

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