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 personal 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 related to Well& By Durst (collectively, the "Site") whether accessed via computer, mobile device or other technology.
Please note that this Privacy Notice may be amended from time to time, so please check back regularly. By using the Site after we have posted an updated Privacy Notice, you agree to that updated Privacy Notice.
"Personal information" means information that identifies you as an individual or from which you may be identified. We collect personal information when you voluntarily provide it to us, which we use for legitimate business purposes, which includes leasing residential and/or commercial property, providing you services you request, and the advertising and marketing of our affiliate businesses. Below are the most common ways in which you would provide your personal information on the Site:
Our web servers collect certain information related to visitors to the Site, including the number of visits, average time spent on the Site, pages viewed, Internet Protocol addresses, and other such statistics.
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, such as in emails when you subscribe to our mailing list, 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.
We or our Partners and Service Providers (as defined below) use the personal information we collect about and from you to:
Although the above describes our primary purposes 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.
Except as described here, we will not trade, rent, or share any of your personal information to any third parties without your specific consent.
The Site may contain links to unaffiliated third-party websites ("Third-Party Sites"). Third-Party Sites may collect information about you when you interact with them through links on our Site. If you follow any link to a Third-Party Site, you should review those sites’ privacy policies to find out how they protect your privacy. We are not responsible for Third-Party Sites or their privacy practices. Except as set forth herein, we do not share your personal information with these third-party Sites.
You can make the following choices regarding 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.
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 personal information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.
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.
We will have no liability for disclosure of personally information due to errors in transmission to or from the Site, 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.
The Site is operated in the United States and information collected through the Site will be accessed and processed in the United States in accordance with the laws of the United States. In addition, your personal information may be transferred outside the United States to our Partners and Service Providers with locations in other countries.
If you are an individual based in another jurisdiction, please note that your jurisdiction of residence may a higher standard of protection for personal information, including higher security requirements and more rights for individuals.
By using the Site, or providing us with any personal information, you acknowledge and consent to the following: (a) the Site is subject to the laws of the United States, (b) 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 personal information when it is transferred to another jurisdiction, you can contact us using the information under "Contact" below.
We reserve the right to modify this Privacy Notice from time to time without notice to you and by posting a new version on this webpage. If we make any material changes, we may notify you by email (if you have provided us an email address) or by means of a notice on the Site.
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.
If you have any questions or concerns about this Privacy Notice, or your experiences with Durst, please contact us at:The Durst Organization
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: July 14, 2020)