The Durst Organization Privacy Notice


(Effective Date: February 26, 2019)

The Durst Organization and its affiliates (collectively, and hereinafter “Durst”, “we”, “us”, or “our”) is committed to maintaining your confidence and trust as it relates to the privacy of your information. This privacy notice (this “Privacy Notice”) describes our policies and practices regarding the collection, use, and disclosure of that information through the mobile and desktop versions of our website, web pages, interactive features and social media pages and their respective contents (collectively, the “Site”) whether accessed via computer, mobile device or other technology.

Information You Provide to Us

We collect personal data for a legitimate business purpose, which is leasing residential and/or commercial property and the advertising of our affiliate businesses. Personal data means information that identifies you as an individual or from which you may be identified.

Personal Information: We will collect your name and email address when you register for an account, as well as your account password. Our use, sharing and protection of the other person's information will also be subject to the terms of this Privacy Notice.

Communications: You may send us communications, for example to report a problem or to submit queries, concerns, or comments regarding the Site.

Information We Collect Automatically

Our web servers collect the Internet Protocol addresses, but not the e-mail addresses, of visitors. This information can measure the number of visits, average time spent on the Site, pages viewed, and other such statistics. In addition, you may be asked for information that identifies you, including your name, email address, mailing address, zip code, telephone number, and/or fax. You may also elect to provide such information to us by sending or responding to emails regarding certain listings or services offered the Site.

Cookies: Cookies are data files placed on a computer or mobile device when it is used to visit the Site (“Cookies”). We use Cookies to collect and store certain information about you, for security purposes, to facilitate site navigation and to personalize your experience while visiting the Site. We use both session Cookies (which expire once you close the browser) and persistent Cookies (which stay on your computer or mobile device until you delete them).

Please be aware that if you disable or reject Cookies, some features and services of the Site may not work properly because we may not be able to recognize and associate you with your account.

Web Beacons: We include web beacons (also known as Internet tags, pixel tags, tracking beacons and clear GIFs) with the content that we deliver to you, which we will use to collect information regarding your interaction with such content. A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In addition, a web beacon allows third-parties to obtain information such as the IP address of the computer or mobile device that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in Cookies set by the third-party. A web beacon may also tell your browser to get content from another server.

How We Use the Information We Collect

We use the information we collect about and from you to respond to your requests; verify your identity; communicate with you about your account and activities on the Site and, in our discretion, changes to any the Site policy; tailor content, improve the Site; comply with legal obligations; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. We collect your location- based information.

When you request information, we need to know your name, email address, and mailing address. This allows us to process and fulfill your request.

We send you communications unless or until such time as you terminate your account.

Although the sections above describe our primary purpose in collecting your information, in many situations, we have more than one purpose. As a result, our collection and processing of your information is based on different contexts upon your consent, our need to perform a contract, our obligations under law, and/or our legitimate interest in conducting our business.

Sharing Of Information

Except as described here, we will not trade, rent, or share any of your personal information to any third parties without your specific consent. We share non-personal information, such as aggregate data and site activity information with third-parties. We share your information with our advertising and analytics partners. These third-parties may also collect information directly from you as described in this Privacy Policy over time and across different websites. The privacy policy of these third-party companies applies to their collection, use and disclosure of your information. We also share your information as disclosed at the time you provide your information, as set forth in this Privacy Notice and in the following circumstances:

  • Service Providers. We share your information with third-parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate the Site, or any of the software that analyzes data. We share information from or about you with these third-party providers so that they can perform their services or complete your requests. Such recipients must agree to abide by confidentiality obligations and are not permitted to use your personal data except for the limited purpose that we request.
  • Third-Party Tracking Companies. We may share your information with our affiliates, advertising partners, sponsors or other third-parties that participate in or provide marketing or promotional assistance. These third-parties may also collect information directly from you as described in this Privacy Policy over time and across different websites. The privacy policy of these third-party companies applies to their collection, use and disclosure of your information.
  • Links. The Site may contain links to unaffiliated third-party websites. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. We suggest you read the privacy policies on all such third-party websites.
  • Legal Disclosure. We may transfer and disclose your information to third-parties without your consent to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify compliance with or to enforce our policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third-parties, users of the Site or the public.
  • Other Disclosures with Your Consent. We may ask if you would like us to share your information with other unaffiliated third-parties who are not described elsewhere in this policy.
  • Business Transfers. We may share your information with other entities and our affiliates primarily for business and operational purposes. In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction, subject to the terms herein.

Your Privacy Rights, Choice And Access

You can make the following choices regarding your personal information:

  1. Opt-Out / Revocation Of Consent. If we rely on your consent to process personal information, you may always direct us not to share your information with third-parties, not to use your information to provide you with information or offers, or not to send you emails or other communications by: (i) sending us an email at info@durst.org; or (ii) following the unsubscribe instructions within the Site's emails. Note that in some situations we may no longer be able to provide you services if you revoke your consent; we may also limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity.
  2. Access, Correction, and/or Deletion Of Your Personal Information.

    If you wish to modify, verify, correct, or delete any of your information collected through the Site, you may edit account information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain information you have submitted through the Site. We are under no obligation to store such information indefinitely and disclaim any liability arising out of, or related to, the destruction of such information.

    It may not always be possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. If you wish to cancel your account or request that we no longer use your information to provide you services, contact us at 212-257-6600. We will retain and use your information for as long as your account is active or as needed to provide you services unless a longer retention period is required or permitted by law, or an individual requests that we delete information about them. If you would like additional information concerning how long we keep a specific type of information you can contact us using the contact information provided below.

  3. Ability to Object to Processing. You may object to our continued processing of your personal data. If we receive an objection, we will evaluate whether we are required by law to discontinue such processing. For example, California residents may be entitled to object, or opt-out, of having their information sold to third-parties. If you are a California resident and would like to opt-out of having your information sold, please email us: Do Not Sell My Personal Information. We do not discriminate against California consumers who exercise any of their rights described in this policy.
  4. California Residents. California residents may be entitled to ask us for a notice describing what categories of personal information (if any) we share with third-parties or affiliates for direct marketing. If you are a California resident and would like a copy of such notice, please submit a written request to us using the information in the “Contact Information” section below.
  5. Online Tracking. We do not currently recognize automated browser signals regarding tracking mechanisms, which may include "Do Not Track" instructions.
  6. Promotional Emails. You may choose to provide us with your email address for the purpose of allowing us to send free newsletters, surveys, offers, and other promotional materials to you, as well as targeted offers from third-parties. You can stop receiving promotional emails by following the unsubscribe instructions in e-mails that you receive or contacting us using the information below. If you decide not to receive promotional emails, we may still send you service-related communications.
  7. Different Purposes. If we use your information for a materially different purpose then it was collected, we will offer you the ability to either opt-in or opt-out of such a use, as required by law.

Children

The Site is not directed to children under 13. We do not knowingly collect, use or disclose personal information from anyone under 13 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 13, we will make reasonable efforts to delete such information from our records. knowingly collect, use or disclose personal information from anyone under 13 years of age.

If we determine upon collection that a user is under this age, we will not use or maintain his/her personal information without the parent/guardian’s consent. If we become aware that we We take information security seriously and use certain reasonable security measures to help protect your personal information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Site and provide us with your information at your own risk. In the event that we are required to notify you about a situation involving your data, we may do so by email, telephone, or mail to the extent permitted by law. make reasonable efforts to delete such information from our records.

Some of our websites permit you to create an account. When you do, you will be prompted to create a password. You are responsible for maintaining the confidentiality of your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, and you are responsible for any access to or use of your account by someone else that has obtained your password, whether or not such access or use has been authorized by you. You should notify us of any unauthorized use of your password or account.unauthorized use of your password or account.

Security Of Your Information

We take information security seriously and use certain Although we will use reasonable efforts to safeguard the confidentiality of personally identifiable information collected on the Site, subject to the provisions of this Privacy Notice, transmissions made by means of the Internet cannot be made absolutely secure. We will have no liability for disclosure of personally identifiable information due to errors in transmission, unauthorized acts of third-parties or through the use of third-party cookies, including those of any advertisers when you view or click on their advertisements. Once you leave this Website, you will be subject to third-party privacy policies, which may differ significantly from our Privacy Notice. transmission or storage of information can be guaranteed to be 100% secure.

Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Site and provide us with your information at your own risk. In the event that we are The Site is governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States, and visitors to our Site, those who provide us Personal Information, and those who otherwise indicate their consent to the receipt of marketing or other information from us, should be aware that the laws of the United States may differ from those of your country of residence.

The Site makes no representation that it is governed by or operated in accordance with the laws of any other nation. By using the Site, or providing us with any information, you (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws to the extent permitted by law. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below. extent permitted by law.

We may update this Privacy Notice to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Site prior to the change becoming effective. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information.of any unauthorized use of your password or account.

No Liability for Acts of Third-Parties

California Civil Code 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are “sold” or transferred for an organization’s “business purpose” as those terms are defined under California law. You can find a list of the categories of information that we share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of personal information (if any) we share with third parties or affiliates for those parties to use for direct marketing please submit a written request to us using the information in the "Contact Information" section below.

Jurisdiction

The Site is governed by and operated in, and in accordance with the laws of, the United States, and are intended for the enjoyment of residents of the United States, and visitors to our Site, those who provide us Personal Information, and those who otherwise indicate their consent to the receipt of marketing or other information from us, should be aware that the laws of the United States may differ from those of your country of residence. The Site makes no representation that it is governed by or operated in accordance with the laws of any other nation.

By using the Site, or providing us with any information, you (a) acknowledge that the Site is subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws to the extent permitted by law. If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information below.

Changes

We may update this Privacy Notice to reflect changes to our information practices. If we make any material changes, we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Site prior to the change becoming effective. To the extent that our policy changes in a material way, the policy that was in place at the time that you submitted personal information to us will generally govern that information.

Information for California Residents

California Civil Code 1798.115(c), 1798.130(a)(5)(c), 1798.130(c), and 1798.140 indicate that organizations should disclose whether certain categories of information are “sold” or transferred for an organization’s “business purpose” as those terms are defined under California law. You can find a list of the categories of information that we share here. Please note that because this list is comprehensive it may refer to types of information that we share about people other than yourself. If you would like more information concerning the categories of personal information (if any) we share with third-parties or affiliates for those parties to use for direct marketing, please submit a written request to us using the information in the "Contact Information" section below.

Contact

If you have any questions or concerns about this Privacy Notice, or your experiences with Durst, please contact us at:

The Durst Organization
One Bryant Park
New York, New York
212-257-6600
Email: privacy@durst.org.

BRYAN CAVE LEIGHTON PAISNER LLP
Adelaide House
London Bridge
London, United Kingdom
EC4R 9HA
44 (0) 20 3207 1100

If you are not satisfied with our response, and are in the European Union, you may have a right to lodge a complaint with your local supervisory authority.

(Last Revised: February 25, 2019)