Common Living, Inc.

Terms of Service

Please read these Terms of Service (together with Common Living, Inc.’s Privacy and Cookie Policy www.common.com/privacy-policy, the “Terms of Service” or “Agreement”) fully and carefully before using www.common.com (the “Site”) and the services, features, content or applications offered by Common Living Inc. and/or its affiliates (collectively, “Common,” “we”, “us” or “our”) (together with the Site, the “Services”). These Terms of Service set forth the legally binding terms and conditions for your use of the Services. These Terms of Service do not govern your occupancy of any premises leased or managed by us.  Such occupancy is pursuant to the relevant lease, license or other occupancy agreement and not these Terms of Service.

  1. Acceptance of Terms of Service

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference.
  3. These Terms of Service apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

  1. Eligibility

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change the  eligibility criteria at any time. You are solely responsible for ensuring that you are in compliance with these Terms of Service and all laws, rules and regulations applicable to you, and the right to access the Services is revoked where you are not in compliance with these Terms of Service, where use of the Services is prohibited, or to the extent the offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

  1. Communications

By providing your mobile number, and signing up for, agreeing to, acknowledging, opting-in, or otherwise consenting to receive text messages from us through the Site, you accept the following terms and conditions:

  1. You consent to receive text messages that may be generated by automatic telephone dialing systems and sent by or on behalf of us.

  1. You understand that such text messages may contain marketing content.  You do not have to opt-in to such text messages and/or calls as a condition to purchase.  

  1. For text messages, you can opt-out by replying STOP and get help by texting HELP.  If you have requested information about homes at Common, you may receive up to 5 text messages regarding your inquiry, in addition to a welcome message or administrative messages (such as confirmations of your opt-in or opt-out).  

  1. Message and data rates may apply, according to your individual rate plan provided by your wireless carrier.  Under no circumstances will we be responsible for any text messaging or wireless charges incurred by you or by a person that has access to your wireless device or telephone number.  Pre-paid phones or calling plans may not be supported. You may receive a bounce back message for every message you send to us.  We will not be liable for any delays in the receipt of any SMS messages, as delivery is subject to effective transmission from your network operator. SMS message services are provided on an AS IS basis.

  1. Data obtained from you in connection with this SMS service may include your cell phone number, your provider's name, and the date, time, and content of your messages. We may use this information to contact you and to provide the Services you request from us. We do not share this information with a third party, except as expressly provided in our Privacy Policy.

  1. Registration

  1. As part of the Services, you may be required to register for a user account with Common through the Site and/or other applications provided by Common (an “Account”). You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.
  2. Your Account information may include information that is personal to you, such as your name, email address and phone number (collectively, “ personal details”). You may only provide your own personal details. You may not provide personal details of any third person. You must update your Account information to reflect any change to your personal details. If at any time any portion of your Account information is inaccurate or incomplete, or if you otherwise violate these Terms of Service, we may in our sole discretion and without advance notice choose to suspend or terminate your access to Services, your Account or both.
  3. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account by sending a request to members@common.com.
  4. If you create an Account, you also agree to accept and receive communications from us as part of our provision of the Services, including via email, text message and calls to the mobile number, telephone number, and/or email address that you provide.  The above terms and conditions regarding text messages apply.  If you do not wish to receive promotional emails, text messages, or other communications that are not part of our provision of the Services, you may change your notification preferences by clicking on the “Unsubscribe” link at the bottom of any email, reply STOP to any text message, or by emailing members@common.com for further assistance.

  1. Common Membership

As part of the Services, you may apply to become a member of the Common Living Inc. community (such members, “ Members,” and such membership, “Common Membership”). An application for Common Membership may involve several steps, including, but not limited to: (i) providing certain personal details, such as your name, email address and phone number; (ii) answering several questions about yourself, such as your housing budget and other housing preferences; (iii) providing payment information to a third-party payment processor that we use (the “Payment Processor”) such as direct debit information for an account with a financial institution or a credit card for the purpose of future processing of any payments to us that you authorize, such as Common Membership, deposit and housing rental fees; (iv) electing to share certain personally identifiable information with Common and/or third party websites, services or applications for the purposes of running a background or credit check; (v) providing other personal or financial information as may typically be requested on a rental application; and (vi) a brief phone interview with one of our team members. We may reject or approve applications for Common Membership in our sole discretion in compliance with applicable laws. If you are approved for a Common Membership, you will have the option to review and agree to Common’s Membership Terms that, along with this Agreement, will govern your use of the Services.  You represent and warrant that  information furnished by you in connection with any application for Common Membership is true, accurate and complete.  You will not have access to any information regarding the screening process for you or any other Member, except as may be provided by Common in its discretion or under applicable law.

  1. Content

  1. Definition. For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
  2. Content. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
  3. Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
  4. Use License. Subject to these Terms of Service, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.  This license does not grant you any ownership rights in the Content.
  5. Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.

  1. Rules of Conduct

  1. You promise not to use the Services for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Services.
  2. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Services, that:
  1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
  2. you know is false, misleading, untruthful or inaccurate;
  3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
  5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  6. impersonates any person or entity, including any of our employees or representatives; or
  7. includes anyone’s identification documents or sensitive financial information.
  1. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
  2. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
  3. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

  1. Third Party Services

The Services may provide links to other third party websites, services or resources on the Internet. When you access third party resources on the Internet, you do so at your own risk. These third party resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link in our Services does not imply our endorsement or any association between us and any third party operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party content, goods or services available on or through any such third party website or resource.

  1. Payments and Billing

  1. Paid Services. Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.  All payments shall be in U.S. dollars.
  2. Billing. We use the Payment Processor to bill you through a payment account that you specify, such as a bank account or debit or credit card, linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment account (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.  
  3. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. You agree that Common may charge, and you shall pay, any debit, fee, cost, or expense charged to Common for the use of the credit or debit card as permitted by applicable law.  If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.  If your payment is returned for any reason, you agree to reimburse us for any returned payment charges imposed on us, and we may require future payments to be in the form of a cashier’s check, certified check or money order.  Common has sole discretion to change the payment method that it will accept on terms determined by Common, subject to applicable law.
  4. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By choosing such Paid Services, you acknowledge that such services have an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (RECEIPT OF WHICH IS CONFIRMED BY US) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, EMAIL MEMBERS@COMMON.COM.
  5. Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE BY EMAILING MEMBERS@COMMON.COM. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.  YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED USER OF THE CREDIT CARD, DEBIT CARD, BANK ACCOUNT, OR THIRD PARTY PAYMENT PROCESSOR PLATFORM USED TO PAY EACH PAYMENT.
  6. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment account provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
  7. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

  1. Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Membership and/or Account. If you wish to terminate your Account, you may do so by contacting members@common.com. Any fees paid hereunder are non-refundable. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, but not limited to, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  1. Warranty Disclaimer

  1. We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding:
  1. which users gain access to the Services, including which users are approved as Common Members;
  2. what Content you access via the Services; or
  3. how you may interpret or use the Content.
  1. You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
  2. THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

  1. Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

  1. Disclaimer; Limitation of Liability

  1. You are solely responsible for your interactions and arrangements with other individuals, including other users, Members, and any other individuals you come into contact with, arising out of the Services. We make no representations or warranties as to (i) the conduct of such users, Members, or other individuals, (ii) users’ or Members’ compatibility with current or future users or Members, or (iii) any information concerning any activities or arrangements suggested by users or Members.  
  2. IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR OR ANYONE ELSE’S CONDUCT IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION BODILY INJURY, EMOTIONAL DISTRESS AND ANY DAMAGES RESULTING IN ANY WAY FROM COMMUNICATIONS, MEETINGS, ACTIVITIES OR ARRANGEMENTS WITH USERS, MEMBERS OR PERSONS YOU MAY OTHERWISE MEET THROUGH THE SERVICES, (II) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (HOWEVER ARISING), (III) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF the greater of (A) fees paid to us for the particular Services during the immediately previous three (3) month period or (B) $500.00.  
  3. You agree to take reasonable precautions and exercise the utmost personal care in all interactions with other users or Members or any other individual you come into contact with through the Services, particularly if you decide to meet such users, Members or individuals in person. You understand and agree that we make no guarantees, express or implied, regarding your compatibility with users, Members or other individuals you meet through the Services. For example, you should not, under any circumstances, provide your financial information (e.g., credit card or bank account numbers) to other individuals. We strongly advise you to use the utmost caution before sharing any personally identifiable information with others, including users and Members. We do not and cannot assure you that it is safe for you to have direct contact with any other individual that you come into contact with through the Services. If you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities, and then to contact us at members@common.com so that we may take appropriate action.

  1. Governing Law and Jurisdiction

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. YOU AGREE THAT ANY DISPUTE (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) ARISING FROM OR RELATING TO THESE TERMS OF SERVICE OR YOUR RELATIONSHIP WITH US MAY AT COMMON’S OPTION BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY.  SUCH OPTION SHALL NOT LIMIT ANY RIGHTS OF COMMON, INCLUDING, BUT NOT LIMITED TO, THE RIGHT TO SEEK RELIEF IN A COURT OF COMPETENT JURISDICTION TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF COMMON’S COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY RIGHTS.  Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE WAIVING THE ABILITY TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Service.

  1. Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

  1. Miscellaneous

  1. Entire Agreement and Severability. These Terms of Service are the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
  2. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
  3. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
  4. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
  5. Notices. Unless otherwise specified in these Terms of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested, or by email.  Notices by email will be sent to you at the email address on file that you have provided, and if to Common, should be sent to members@common.com, except for legal notices, which must be sent to legal@common.com.  Notices by email shall be deemed to have been duly given the next business day after they are sent; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.  Electronic notices should be sent to members@common.com.
  6. No Waiver. Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
  7. Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
  8. Contact. You may contact us at the following address: Common Living Inc., 12 E. 49th Street, Suite 08-125, New York, NY 10017

Effective Date:  July 20, 2020

Common Living, Inc.

Privacy and Cookie Policy

Effective Date: December 23, 2021

This Privacy and Cookie Policy (the “Privacy Policy”) describes the policies and procedures of Common Living, Inc.,  Common Management Co. and/or its affiliates (“Common”, “we”, “our” or “us”) on the collection, use and disclosure of your information on Common’s main website, www.common.com, (the “Site”), Common’s partner facing website,  https://partners.common.com/ (the “Partner Facing Site”) and the services, features, content, applications and/or proprietary software systems we offer (collectively with the Site and Partner Facing Site, the “Services”).

The information we gather enables us to personalize, improve and continue to operate the Services. In connection with certain aspects of the Services, we may request, collect, share and/or display some of your personally identifiable information (“Personal Information”).  We receive information about you from various sources, including: (i) if you register for the Site and the Services, through your user account on the Services (your “Account”); (ii) if you apply to become a member of the Common community (such membership, a “Common Membership,” and such members, “Members”) through the Services; (iii) your use of the Services generally; (iv) from third party websites and services; and (v) from information you provide directly to Common. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your Personal Information as described in this Privacy Policy.

Common is a “Data Controller”, meaning we make decisions regarding how and why we collect and use your Personal Information. As the “Data Controller”, we are responsible for ensuring that your Personal Information is only used for the purposes for which it was originally collected and in compliance with all applicable data protection laws. We are also responsible for ensuring that any third party that we authorize to process the data on our behalf, known as “Data Processors”, also follow these standards and use the data only for these same reasons.

What Does This Privacy Policy Cover?

This Privacy Policy covers the treatment of Personal Information gathered when you are using or accessing the Services. This Privacy Policy also covers our treatment of any Personal Information that you or our business partners share with us or that we share with our business partners.

This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications (“Third Party Services”) that you elect to access through the Services or to individuals that we do not manage or employ, including without limitation third party payment processors and third party background or credit check services. While we attempt to facilitate access only to those Third Party Services that share our respect for your privacy, we do not control, endorse, sponsor, recommend, or otherwise accept responsibility for the content of such Third Party Services, nor can we take responsibility for the content or privacy policies of those Third Party Services. When you follow a link to another website, that website will be governed by different terms of use and a different privacy policy.  We encourage you to carefully review and agree to those terms and policies. If you access the Third Party Services, you do so at your own risk. Because Common is not a party to the agreements or transactions made between you and any Third Party Services, even where such agreements or transactions are facilitated through the Services, your remedy is limited to a claim against those third parties - not Common.

What Information Do We Collect, How Is It Collected and Why?

Information That You Provide to Us:

We may collect the following types of Personal Information from you at different points during your use of the Services:  name, date of birth, email address, telephone number, mailing address, information about your housing preferences, information about your lease start and end date, IP address, information about yourself needed for the Common Membership application, including your Social Security number, Driver’s lincese/State ID, financial information (pay stubs, 1099’s, W4’s, bank statements, housing vouchers, guarantor forms), age, sex, ethnicity and employment information, payment information (credit card and bank account information), Visa, Passport, Credit Score Range, a profile picture or other digital image, and social media account IDs.  

If you provide Personal Information through the Site to request a call or to find a potential home, such Personal Information may include information about your desired city, budget and move-in date and lease end date, as well as your name, email address, and telephone number.  We use this Personal Information to match you to a potential home and contact you regarding the same.  If you apply for Membership, you may additionally provide your mailing/physical address, information about your housing preferences, and other information about yourself needed for the application such as financial, identification, and employment information.  We use this Personal Information to evaluate your eligibility for Common Membership, including for background and/or credit checks, and for certain operational aspects of the Services.  If you create an Account, you will also provide a username and password to access your Account.  If you use the Common Community Portal, you may further provide a display name, profile picture or other digital image, information about your interests, and social media account IDs.  We use this Personal Information to facilitate interactions between Members and users of the Services and to improve the Services.

If you provide Personal Information through the Partner Facing Site to inquire about partnering with Common, such Personal Information may include your name, company email, company name, phone number, company role (eg. building owner, real estate developer, etc.), region of interest, total units owned, managed or developed by your company and whether you are interested in partnering with Common for a specific building or development site. Personal Information we collect through the Partner Facing Site is only used to evaluate how Common can help your company and to provide partnership opportunities.

You acknowledge that this information may be personal to you, and by providing such Personal Information to us, you allow others, including us, to identify you.  In addition, some of this Personal Information may include sensitive information, and we do not collect this information unless you voluntarily provide it or unless we are required to do so pursuant to applicable laws or regulations.  We may use your contact information to send you information about our Services from time to time when we feel such information is important or to provide you with access to Third Party Services, including, but not limited to perks and programs relevant to your Common Membership, that you may elect to receive or use. You may unsubscribe from these messages or programs, although we, regardless, reserve the right to contact you when we believe it is necessary, such as for account recovery purposes.

Financial Information:

We may collect certain financial information and bank account information about you for your Common Member Application and your preferred method of payment once you are approved for a Common Membership.  Further, we may request your financial information in order to process security deposit returns and other refunds required in connection with your Common Member Application or Common Membership.

IP Address Information and Other Information Collected Automatically:

We automatically receive and record information from your web browser when you interact with the Services, including your IP address and cookie information. This Personal Information is used for fighting spam/malware and also to facilitate the collection of data concerning your interaction with the Services (e.g., what links you have clicked on).

Generally, the Services automatically collect usage information, such as the number and frequency of visitors to the Site and Partner Facing Site. We may use this data in aggregate form or to assist with the advertising and marketing of our Services. This type of aggregate data enables us and our web analytics tools to figure out how often individuals use parts of the Services so that we can analyze and improve them.

Email Communications:

We may receive a confirmation when you open an email from us. We use this confirmation to improve our Services.

Cookies:

Cookies are small data files that are placed on your computer or mobile device when you visit a website. Your browser stores cookies in a manner associated with each website you visit, the links you click on and other actions you take when using our Services, and within our advertising or email content. We collect and use certain data from cookies to enable our servers to recognize your web browser and to tell us how and when you visit the Site, Partner Facing Site and otherwise use the Services through the Internet. The different types of cookies we use are:

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on the acceptance of each new cookie in a variety of ways. You can find out how to do this, and find more information on cookies, at https://www.allaboutcookies.org/. In addition, while each browser has different settings and configurations, cookies settings can typically be adjusted in the “Preferences” or “Tools” menu of your browser. Your browser’s “Help” menu may provide additional information.

Aggregate Information:

We collect and receive from our web analytics tool, statistical information about how both unregistered and registered users, collectively, use the Services (“Aggregate Information”), including, initial browser and device types, initial platforms, initial IP addresses and locations. Some of this information is derived from Personal Information. This statistical information is not Personal Information and cannot be tied back to you, your Account or your web browser.

How, and With Whom, Is My Information Shared?

The Services are designed to help you share information with others. However, we may employ Third Party Services and individuals to support our Services and to provide you with access to perks and programs related to your Common Membership. We do not sell or otherwise disclose your Personal Information for purposes unrelated to our Services, unless otherwise described in this Policy. We may share information collected or generated through the Services under the following circumstances:

IP Address Information:

While we collect and store IP address information, that information is not made public. We do at times, however, share this information with our partners, service providers and other persons with whom we conduct business, and as otherwise specified in this Privacy Policy.


Information You Elect to Share:

You may access other Third Party Services through the Services by clicking on links to those Third Party Services from within the Site and in so doing Personal Information may be shared with those Third Party Services. For example, Personal Information may be shared with Third Party Services for the purposes of running a background or credit check as part of your application for Common Membership or to process payments.  We are not responsible for the privacy policies and/or practices of any Third Party Services, and you are responsible for reading and understanding those Third Party Services’ privacy policies. This Privacy Policy only governs information collected on the Services.

You may elect to share your information with other users or Members through the Services, including, but not limited to, through your use of the Common Community Portal and Connect by Common app.  We strongly advise you to use the utmost caution before sharing any Personal Information with others, including other users and Members. You should not, under any circumstances, provide your financial information (for example, credit card or bank account numbers) to other users or Members.

By signing the Common Membership Terms, you may also elect to give Common permission to share certain of your information publicly, such as testimonials with a profile picture, display name and/or Common home or with Third Party Services to provide you with access to services such as perks and programs relating to your Common Membership.  

Aggregate Information:

We share Aggregate Information with our partners, service providers and other persons with whom we conduct business. We share this type of statistical data so that our partners can understand how and how often people use our Services and their services or websites, which facilitates improving both their services and how our Services interface with them. In addition, these Third Party Services may share with us non-private, aggregated or otherwise non Personal Information about you that they have independently developed or acquired.

Email Communications with Us:

As part of the Services, you may occasionally receive email and other communications from us, such as communications relating to your Account and Common Membership. Communications relating to your Account and Common Membership will only be sent for purposes important to the Services, such as notifications of updates to our policies, password recovery, information about Common homes and Services that you may be interested in, and any additional payment information needed from you in connection with your Common Membership. We may also from time to time use your email address for the purpose of advertising and marketing the Services.

User Profile Information:

If you use the Common Community Portal or Connect by Common app, user profile information including your display name, a profile picture or selected digital image, your Common home, and other information you choose to provide (such as interests and social media account IDs) will be displayed to other users or Members to facilitate user interaction within the Services.  If you are approved for a Common Membership, we may also share your name, email address, and Common home with other Members in your suite as part of providing the Services.

Financial Information:

We may use your financial information for purposes of considering your application for Common Membership or for processing payments once you are approved for a Common Membership, to protect against or identify possible fraudulent transactions, and otherwise as needed to manage our business.  We may from time to time request and receive some of your financial information from our Payment Processor for the purposes of completing transactions you have initiated through the Services, enrolling you in discount, rebate, and other programs in which you elect to participate, as well the other purposes set forth earlier in this paragraph.

Affiliates:

We may disclose the information we collect about you to our affiliates; however, if we do so, their use and disclosure of your Personal Information will be subject to this Policy.

Information Shared with Our Agents and Property Owners:

We employ and contract with people and other entities that perform certain tasks on our behalf and who are under our control (our “Agents”). We may need to share Personal Information with our Agents in order to provide products or services to you, such as name, email address, telephone number, and mailing/physical address.  Unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond what is necessary to assist us.  In addition, we may share information you provide on our Site and if you apply for a Common Membership, we may share screening and application information, contact information and occupancy information, all of which may include Personal Information, with the owner of any property leased or managed by Common (“Owner”) that you occupy, financing provider to Common or such Owner, any data analytics, data processing or reporting agent of such Owner, Common or a financing provider to such Owner, or Common as needed in the operation of its business.  You hereby consent to our sharing of Personal Information with our Agents, and relevant Owners and financing providers.

Information Disclosed Pursuant to Business Transfers:

In some cases, we may choose to buy or sell assets. In these types of transactions, user information is typically one of the transferred business assets. Moreover, if we, or substantially all of our assets, were acquired, or if we go out of business or enter bankruptcy, user information would be one of the assets that is transferred or acquired. You acknowledge that such transfers may occur, and that any acquirer of us or our assets may continue to use your Personal Information as set forth in this Privacy Policy.

Service Providers:

We may disclose Personal Information we collect about you to third party vendors, service providers or contractors who perform functions on our behalf, including to facilitate our Services or to provide the Services on our behalf (“Service Providers”). For example, we may share your name and unit information with a Service Provider hired to provide cleaning services for your unit.

Information Disclosed for Our Protection and the Protection of Others:

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Privacy Policy and our Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety or our users, Members or the public (such as when harm or violence against any person is threatened). This includes exchanging information with other companies and organizations for fraud protection and spam/malware prevention.

Notwithstanding any other provision of this Privacy Policy or the Terms of Service, we reserve the right, but have no obligation, to disclose any information that you provide through the Services, if in our sole opinion, we suspect or have reason to suspect, that the information involves a party who may be the victim of abuse in any form. Abuse may include, without limitation, elder abuse, child abuse, spousal abuse, or domestic violence. Information may be disclosed to authorities that we, in our sole discretion, deem appropriate to handle such disclosure. Appropriate authorities may include, without limitation, law enforcement agencies, child protection agencies or court officials.

Is Information About Me Secure?

Your Account information will be protected by a password for your privacy and security. You need to prevent unauthorized access to your Account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your Account.

We seek to protect Account information to ensure that it is kept private; however, we cannot guarantee the security of any Account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

We otherwise store all information, including your IP address information, using industry-standard techniques. We do not guarantee or warrant that such techniques will prevent unauthorized access to information about you that we store, Personal Information or otherwise.

What Information of Mine Can I Access?

If you are a registered user, you can access information associated with your Account, including, but not limited to your name, year of membership, city/home/suite information and payment history by logging into the Services through the Common Community Portal or the Connect by Common app.  Registered and unregistered users can access and delete cookies through their web browser settings.

Additional rights specific to California residents  and nationals of the European Economic Area (“EEA”) are noted below.

How Can I Delete My Account?

Should you ever decide to delete your Account, you may do so by submitting a written request to legal@common.com. If you terminate your Account, any association between your Account and information we store will no longer be accessible through your Account.

What Choices Do I Have Regarding My Information?

You can use the features of the Services that do not require registration, thereby limiting the types of information that we collect.

You can opt not to disclose certain information to us, even though it may be needed to take advantage of some features of the Services.

You can opt-out of sharing certain information on the Common Community Portal with other users or Members; however, this may prevent you from using some of the features of the Common Community Portal.

If you are a registered user, you can delete your Account. Please note that we will need to verify that you have the authority to delete the Account, and certain activity generated prior to deletion may remain stored by us and may be shared with our Service Providers and Third Party Services as detailed elsewhere in this Privacy Policy.

European Economic Area Data Rights

Under the General Data Protection Regulation (“GDPR”), residents and nationals of the EEA have the following data rights:

California Personal Data Rights

Under the California Consumer Protection Act (“CCPA”), California residents have the following data rights:

Common Living Inc.

12 E. 49th Street, Suite 08-125

New York, NY 10017

Attention:  Legal Affairs

Once the request has been received, you may be asked to provide additional Personal Information for verification purposes before your request can be accommodated.

Legal Basis for Collecting and Processing Personal Information

If you are located in the EEA, we process your Personal Information only based on a valid legal basis.

Legal Basis

Why we use your Personal Information

Consent

You have consented to our use of your Personal Information.

Contract

We are fulfilling our contractual obligations to you. For example, to answer your questions and to evaluate how Common can partner with you.

Legal Obligation

Your Personal Information may be needed to comply with local laws and regulations.

Legitimate Interest

We or a third party have a legitimate interest in using your Personal Information. For example, to improve our Services, to personalize, measure and improve our advertising, to contact you to offer you information about our Services, to measure the performance of our marketing campaigns, and to otherwise improve the safety, security and performance of our Services.

International Transfers of Information

Common does not store or transfer Personal Information across geographical borders. All Personal Information collected is stored in the United States of America.

How long do we keep your Personal Information?

We will retain your Personal Information for as long as is reasonably necessary for the purposes listed in this Privacy Policy. In some circumstances, we may retain your Personal Information for longer periods of time, for instance where we are required to do so in accordance with legal, regulator, tax or accounting requirements.

What Happens When There Are Changes to this Privacy Policy?

We may amend this Privacy Policy from time to time. When we have to do this the revised Privacy Policy will be posted on this page, and where appropriate, by notification via email.  Any changes we make to this Privacy Policy will become effective upon posting. A user is bound by any changes to the Privacy Policy when he or she uses the Services after such changes have been first posted. You are encouraged to refer back to ensure you are familiar with our most recent policy updates.  

What If I Have Questions or Concerns?

If you have questions or concerns regarding this Privacy Policy, the use or collection of your Personal Information by Common, or if you require more details on how we collect, store or use your Personal Information, please send us a detailed message to legal@common.com. We will make every effort to resolve your concerns.

You may also write to use at the following address:

Common Living, Inc.

12 E. 49th Street, Suite 08-125

New York, NY 10017

Attention:  Legal Affairs

(844) 612-6697

Common

www.common.com