Common Living Inc.

Privacy Policy

Effective Date: September 30, 2020

This Privacy Policy describes the policies and procedures of Common Living Inc. 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”) and the services, features, content, applications and/or proprietary software systems we offer (collectively with the 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 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 information as described in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers the treatment of personally identifiable information (“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 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 information through the Site to request a call or to find a potential home, such 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 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 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 information to facilitate interactions between Members and users of the Services and to improve the Services.

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 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 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. 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.

Information Collected Using Cookies:

Cookies are pieces of text that may be provided to your computer through your web browser when you access a website that store information about the user’s activity. Your browser stores cookies in a manner associated with each website you visit. We use cookies to enable our servers to recognize your web browser and to tell us how and when you visit the Site and otherwise use the Services through the Internet.

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 acceptance of each new cookie in a variety of ways.

This Privacy Policy covers our use of cookies only and does not cover the use of cookies by Third Party Services. We do not control when or how Third Party Services place cookies on your computer. For example, Third Party Services to which a link points may set cookies on your computer.

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 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.

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.

California Personal Data Rights

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

Common Living Inc.

335 Madison Avenue, 6A

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.

What Happens When There Are Changes to this Privacy Policy?

We may amend this Privacy Policy from time to time. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. When we make changes, the updated policy will be posted here and the revision date will be updated. 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 any questions or concerns regarding privacy using the Services, please send us a detailed message to legal@common.com. We will make every effort to resolve your concerns.

Common

www.common.com