The Durst Organization Privacy Notice

(Effective Date: July 14, 2020)

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.

Information You Provide to Us

"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:

  • When you sign up for our mailing list
  • When you order food, beverages, or catering through the Site
  • When you contact us regarding booking events, conferences or meetings
  • When you sign up for any programming
  • When you provide any feedback on dining, events or programming
  • When you contact us to request information or assistance
  • In conjunction with any other place on the Site where you knowingly volunteer Personal Information

Information We Collect Automatically

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.

Cookies: Cookies on the Site are subject to our Cookie Policy. 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, 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.

How We Use the Information We Collect

We or our Partners and Service Providers (as defined below) use the personal information we collect about and from you to:

  • To send you information about amenities, programs, events, or opportunities that we think may be of interest to you
  • To provide you services you request related to dining, events, or programs
  • To respond to any inquiries from you and communicate with you if you participate in Well& programs or events
  • To ensure and improve the quality of the Well& amenities and our Site
  • To notify you about substantive changes to our privacy practices
  • To detect, investigate, and protect against any activities that may violate our policies or the law and to establish, defend against, or enforce any related claims
  • For purposes disclosed at the time you provide your personal information or otherwise with your consent.

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.

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.

  • Amenities Partners. We share your information with our amenities partners ("Partners") that provide Well& By Durst amenities through the Site and at our properties. We may share personal information from or about you with these Partners so that they can perform their services or complete your requests. Such Partners must agree to abide by confidentiality obligations and are not permitted to use your personal information except with respect to providing Well& By Durst amenities and related services and communications.
  • Service Providers. We share your information with our third-party service providers ("Service Providers") that perform functions on our behalf (or on behalf of our Partners) such as Service Providers that host or operate the Site, or any Service Providers that assist in providing Well& By Durst amenities. We may share personal information from or about you with these Service Providers so that they can perform their services or complete your requests. Such Service Providers must agree to abide by confidentiality obligations and are not permitted to use your personal information except for the limited purposes 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 Notice over time and across different websites through cookies or other similar technologies. The privacy policies of these third-party companies applies to their collection, use and disclosure of your personal information.
  • 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 Privacy Notice.
  • Business Transfers. We may share your information with our Partners and our affiliates primarily for business and operational purposes. We may share your information with a company that acquires some, or all, of our assets, or that is considering the acquisition of our assets. 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.

Links to Third-Party Sites

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.

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) disclosed to third parties for the third parties' direct marketing purposes during the immediately preceding calendar year. 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 personal information from a child under the age of 13, we will make reasonable efforts to delete such information from our records.

Security

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.

No Liability for Acts of Third-Parties

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.

Jurisdiction

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.

Changes

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.

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
USA toll free: 833-693-6600

BRYAN CAVE LEIGHTON PAISNER LLP
Adelaide House
London Bridge
London, United Kingdom
EC4R 9HA
44 (0) 20 3207 1100
USA toll free: 844-827-3224

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)