Privacy Policy

401NYC LLC ("401NYC," "us," "our," or "we") welcomes its users and respects their privacy. "You/your/user(s)" means you as a user of our website located at www.401NYC.com ("Website"), including any information, tools and Services (as defined below) available from or in connection with our Website. This Privacy Policy informs you of our policies and practices regarding the collection, use, access, storage and disclosure of any Personal Information (as defined below) you submit to us and/or we collect about you through your use of the Services, why we collect it, how we use it, and when we share it with third parties. This Privacy Policy also describes the choices you can make about how we collect and use certain of that information. The Personal Information provided by you is not used for any purpose other than as outlined in this Privacy Policy.

By accessing and using the Services, you consent to our collection, storage, use, and disclosure of your Personal Information and other information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not provide any Personal Information to us. If you choose not to provide any Personal Information that is necessary for us to provide you with specific products or services, we may not be able to provide those products or services to you. In addition, for certain products or services, we may further confirm your consent by asking you to expressly consent to the collection, processing, storage, and use of your personal information according to this Privacy Policy.

This Privacy Policy applies to visitors and users of our Website, and any other features, content, or services offered from time to time by us in connection with the Website or otherwise provided by us (collectively, the "Services") and set forth in the legally binding terms for your use of our Services. This Privacy Policy applies to information collected on or through the Website and in connection with the Services and includes information collected by other methods, such as in person, by mail, and from third parties. Additionally, because we use Spectrum Business and RingCentral, you also agree to their Privacy Policy.

1. TYPES OF INFORMATION WE COLLECT

a. Personal Information that we collect about you. We collect Personal Information about our users. "Personal Information" is information relating to an individual that can be used to contact or identify you or individuals about whom you enter information as part of your activities on our Website or Services, such as first name, last name, social security number, driver's license number, state identification number, phone number, street address, marital status, household information, employment information, credit history, date of birth, gender, image/photo, voice recording, payment information, comments, company name and address, title, username and/or e-mail address, geolocation, IP Address, banking account numbers or credit/debit card numbers, with or without the security code, access code, or password, as well as information that is linked to the foregoing information. Personal Information also includes "personal information," "personal data," or similar terms as defined under applicable state, federal, or international data protection and privacy laws, as may be amended from time to time, which includes, but is not limited to, any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked (directly or indirectly) with you or your household.

b. Aggregated Information. We may aggregate the Personal Information we collect by removing information that reasonably could identify you and combining it with information about other users. "Aggregated Information" means information relating to a group or category of users from which individual identities have been removed and that is not linked or reasonably linkable to any individual or household, including via a device. Aggregated Information cannot be used to identify you or any other individual and is not considered personal information under applicable privacy laws.

c. Cookies and Pixel Tags. We may also use tools such as cookies and pixel tags to gather information. "Cookies" are small pieces of information that a website sends to your device while you are viewing the Website. We use session Cookies (which expire once you close your web browser), persistent Cookies (which stay on your device until you delete them) and third-party Cookies (which are placed by a website from a domain other than ours) to provide you with a more personal and interactive experience and to gather Website statistical data. Persistent Cookies can be removed by following web browser help file directions. "Pixel Tags" (sometimes called "web beacons" or "clear gifs") are a snippet of code that collects information about a visitor's behavior on a website and then sends the information back to the originating platform to be processed and reported.

d. Unique Device Identifiers. Like most website providers, we passively collect certain information from your devices, such as your IP address, browser information, unique device identifier ("UDID") and/or your mobile operating system.

e. User-Provided Information. We collect information that you provide directly to us when you engage in the following:

• Subscribe to our listings.
• Contact a representative at one of our communities.
• Schedule a tour.
• Submit an application and accompanying documentation.
• Make payments.
• Create an account to log in to our resident portal ("Account").
• Use our resident portal.
• Engage with or participate in our Services and any other products or other offerings made available through the Services.
• Communicate with us via e-mail, telephone, video conference, text message, or other methods (e.g. RingCentral, Verizon, Spectrum, etc.) including without limitation on or through our social media accounts (e.g., Facebook, Instagram, LinkedIn and/or through the Contact Us form on the Website).
• Post content (i.e., text, images, photographs, messages, reviews, service requests, comments or any other kind of content).
• Post comments within the Services. The information contained in your posting will be stored on our servers, and other users will be able to see it.
• Participate in one of our surveys. We may collect additional profile information.
• We may also collect Personal Information at other points in our Services that state that Personal Information is being collected.

We may correlate this information with other Personal Information we have about you. We collect e-mail lists and information related to marketing services. When you use the Website, you may be given the option to subscribe to our subscription or e-mail list. Whether or not you select this option, your Personal Information may be shared with third parties consistent with this Privacy Policy. You may opt-out or unsubscribe from these e-mail lists.

f. Information Collected via Technology.

• Information Collected by Our Servers. To make our Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol ("IP") address, domain name, and/or a date/time stamp for your visit.
• Information About Your Mobile Device. If you use our Services on your mobile device, we may collect the device's battery level, the version of iOS used, the serial number and firmware version, the signal strength, notifications regarding errors related to the device, your test results, and other relevant diagnostics.
• Log Files. As is true of most websites and applications, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp.
• Geolocation. If you access the Services through a desktop or mobile device, we will collect, monitor and/or remotely store geo-location data.

g. Third Parties. We may also obtain information from other sources and combine that with information we collect directly. For example:

• We may also collect information about you from third parties, including but not limited to identity verification services, fraud detection service providers, credit bureaus, publicly available sources, and other third-party service providers.
• We use third-party services, such as Google Analytics, Google AdWords, Facebook Pixel, and DoubleClick to track and analyze online behavior of our users.
• When you interact with us through social media networks, such as when you follow us, share content or contact us through Facebook, Twitter, Instagram, YouTube, Snapchat or other sites, we may receive information about you, including your profile information, picture, user ID associated with the social media account, friends list, and any other information you permit the social media network to share with third parties.

2. HOW WE USE YOUR INFORMATION

a. Personal Information. We may use your Personal Information for the following representative purposes:

• Scheduling an apartment tour for you.
• Emailing users and brokers with current listings.
• Sending communications and administrative e-mails.
• Processing and evaluating information provided by you through the resident application and screening process.
• Processing information uploaded by you to and through the Services.
• Processing and collecting application fees, rent payments, late charges, utility fees, and other payments.
• Satisfying our contractual obligations to you.
• Providing the materials, goods and/or services that you request.
• Sending you promotional/marketing information, newsletters, events information, offers or other information from us or on behalf of our sponsors or partners.
• Preparing reports on rental activity, availability and property performance.
• Performing internal operations, processing services, maintaining user Accounts, resolving disputes, establishing, exercising, and defending legal claims, preventing and identifying fraud, verifying your identity and authenticating users.
• Personalizing and tailoring the features, performance and support of the Services.
• Analyzing, benchmarking and conducting research on user data and interactions with the Services.
• Identifying your preferences, so we can notify you of new or additional products, services, contests, and/or promotions that might be of interest to you.
• Improving our services, content, programs, customer service, and overall user experience by aggregating and analyzing user data.
• Communicating with you by e-mail, video conferencing, telephone, text message or other means about our company, our products, events, collaborations, or other information that we believe may be of interest to you.
• Providing others with your Personal Information for the limited purposes described in this Privacy Policy.
• Sending you notices of a transactional, administrative or relationship nature, or as required by law.

b. Aggregated Information. We may use Aggregated Information for the following representative purposes:

• Performing internal operations on the Services.
• Improving the Website and customizing the user experience.
• Aggregating the information collected via Cookies and Pixels to use in statistical analysis to help us track trends and analyze patterns.
• Allowing third party service providers such as Facebook, Google, RingCentral and Apple to retarget marketing and advertising to you through use of Cookies and Pixels.

c. Targeting. We may use Personal Information and Aggregated Information that we collect to target and measure the performance of advertisements to users both on and off of the Website on our own and through different ad networks and exchanges.

3. LAWFUL PROCESSING; LEGITIMATE INTERESTS

Our processing of your Personal Information for the purposes set out in this Privacy Policy is necessary for one or more of the following:

• Performing a contract with you, or to take steps at your request prior to contracting with you.
• Protecting your vital interests or the interests of another person.
• Complying with our legal obligations.
• Pursuing our legitimate interests, including providing, improving and customizing our Services; administration of our operations; understanding how our Services are being used; exploring ways to develop and grow our business; ensuring the safety and security of our employees and others; enhancing protection against fraud, spam, harassment, intellectual property infringement, crime and security risks; ensuring and strengthening our cybersecurity; and meeting our obligations and enforcing our legal rights.

4. HOW WE SHARE AND DISCLOSE PERSONAL INFORMATION

a. We will not rent, sell or share your Personal Information with third parties except as described herein. If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Privacy Policy, you may choose not to use the Services or provide your Personal Information at any time. SMS consent and phone numbers are not shared with any third parties/affiliates for marketing purposes.

b. We may disclose your Personal Information to outside individuals and/or companies that help us bring you the services and products we offer, and to create, operate, and maintain the Services.

c. The Services may rely on third-party software that utilizes artificial intelligence ("AI"). When you interact with the Services, your Personal Information may be processed by such AI systems. These software providers implement commercially reasonable safeguards to protect your data during these processes. However, as with all AI systems, AI-generated outputs may be incomplete or inaccurate and should not be relied upon as professional advice.

d. We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to satisfy any applicable law, regulation, legal process or governmental request; enforce this Privacy Policy and our Terms of Use; detect, prevent, or otherwise address fraud, security or technical issues; respond to user support requests; or protect our rights, property or safety, our users and the public.

e. Information we collect from our users, including Personal Information, may be shared with or to outside individuals and/or companies in connection with the operation of our business or transferred in connection with a business transaction, such as an acquisition, sale, merger, asset sale, bankruptcy, dissolution, reorganization, or other business transaction of the Company.

f. We may share all or some of your Personal Information with any of our subsidiaries, investors, joint venturers, or other companies under common control, in which case we will require them to honor this Privacy Policy.

5. USE OF AGGREGATED INFORMATION

We use Aggregated Information to maintain and administer the Website, analyze trends, gather demographic information and comply with applicable law. We may share Aggregated Information with third parties without express notice to you or consent from you.

The Website may use Cookies. The information in the Cookies lets us trace your "clickstream" activity to enable us to better serve you by revealing which portions of the Website are the most popular.

We may also use Pixel Tags, which help us analyze users' online behavior and measure the effectiveness of the Website and our advertising and marketing.

The Services may contain links to and/or enable certain third-party functionalities to enhance your experience on or with the Services, including social plug-ins, tools, and APIs. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices.

6. DATA RETENTION

We will retain your Personal Information for as long as is necessary for the purposes set out in this Privacy Policy unless a longer period is required under applicable law or is needed to resolve disputes or protect our legal rights or otherwise to comply with legal obligations.

7. OPTING OUT

a. Unsubscribe. You may opt out of: (a) receiving e-mail communications such as e-mail newsletters and promotional e-mails by following the instructions provided at the bottom of each e-mail, clicking the "UNSUBSCRIBE" button at the bottom of e-mails we send you, and/or by e-mailing us at [email protected] and including the word "UNSUBSCRIBE" in the subject; (b) receiving text messages such as surveys or other offers by responding to the prompt as addressed in the message, i.e. "STOP," clicking the "UNSUBSCRIBE" link provided, and/or (c) by e-mailing us at [email protected], including the word "UNSUBSCRIBE" in the subject, and identifying in the email the content of the text.

Opting out of receiving promotional or marketing communications will not affect your receipt of service-related and administrative communications. If you do not receive a response from us to any e-mails you send to us to unsubscribe within ten (10) business days, please send us another e-mail as your original e-mail may not have been received.

b. Google Analytics, Facebook, Apple and RingCentral. Our products and services may use Google Analytics Advertising Features and its associated tracking technologies. To opt out of Google Analytics Advertising Features, visit Google's Ad Settings page at https://adssettings.google.com/authenticated. Website users can also access the Google Analytics Opt Out Browser Add-on at https://tools.google.com/dlpage/gaoptout.

For more information about Facebook's privacy practices, visit https://www.facebook.com/about/privacy. For Apple's privacy policy, visit http://www.apple.com/privacy/privacy-policy/. For more information about RingCentral's Privacy practices, visit RingCentral Privacy Notice.

c. Ad Industry Opt-Outs. You can opt out of Internet-based and mobile advertising by visiting TRUSTe's Ad Preference Manager at https://preferences-mgr.truste.com/, the Digital Advertising Alliance's consumer choice page at http://www.aboutads.info/choices/, or the Network Advertising Initiative opt out tool at http://www.networkadvertising.org/choices/.

d. Cookies. You can opt out of accepting Cookies or disable them from your browser. The "Help" function on most browsers contains information on how you can set your browser to notify you before accepting Cookies or can disable them entirely. If you opt out of Cookies, you will not be able to take advantage of various features of the Website that are available to other users.

8. BASIS FOR CONTINUED USE OF YOUR PERSONAL INFORMATION

Please note that, in certain cases, we may continue to process your Personal Information after you have withdrawn consent and requested that we delete your Personal Information, if we have a legal basis to do so. For example, we may retain certain data if we need to do so to comply with an independent legal obligation, if we still need the data for the lawful purposes for which we obtained the data, or if it is necessary to do so to pursue our legitimate interest in keeping our services and operations safe and secure.

9. NOTICE TO RESIDENTS OF CALIFORNIA AND OTHER U.S. STATES

Your Privacy Rights

Various U.S. state laws—including the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA), the Connecticut Data Privacy Act (CTDPA), and similar laws in other states—provide residents with specific rights regarding their Personal Information.

Depending on your state of residence, you may have the following rights:

• Right to Know: The right to request that we disclose the categories and specific pieces of Personal Information we have collected about you, the categories of sources, the business or commercial purposes for collecting or sharing your Personal Information, and the categories of third parties with whom we share Personal Information.
• Right to Delete: The right to request that we delete Personal Information we have collected from or about you, subject to exceptions.
• Right to Correct: The right to request correction of inaccurate Personal Information maintained about you.
• Right to Opt-Out of Sale/Sharing: The right to opt out of the "sale" or "sharing" of your Personal Information with third parties for certain purposes, including targeted advertising.
• Right to Limit Use and Disclosure of Sensitive Personal Information (California Only): If you are a California resident, you may have the right to limit the use or disclosure of your sensitive Personal Information to only what is necessary to deliver the requested services.
• Right to Data Portability: The right to obtain a copy of your Personal Information in a portable and, to the extent technically feasible, readily usable format.
• Right to Appeal: If we decline to take action on a request, certain state laws grant you the right to appeal our decision.

To submit any of the above requests, please contact us by email at [email protected] or by writing to:

We may request additional information to verify your identity and fulfill your request. Authorized agents may submit requests on behalf of individuals in accordance with applicable laws.

California "Shine the Light" Law (Civil Code § 1798.83)

Under California's "Shine the Light" law, California residents with an existing business relationship may request information regarding the disclosure of their Personal Information to third parties for the third parties' direct marketing purposes during the prior calendar year. If you wish to request more information regarding our compliance with this law, you may contact us using the contact details above.

Do Not Track

Some browsers offer a "Do Not Track" (DNT) feature. Because there is no uniform industry standard for how websites should respond to DNT signals, we do not currently respond to them.

NOTICE TO NEVADA RESIDENTS

Nevada residents have the right to request that a business not sell their personally identifiable information, as defined by Nevada law. We do not currently sell personal information as defined under Nevada law. If you are a Nevada resident and would like to make an inquiry regarding our data practices, you may contact us at [email protected] or by writing to the address above.

NOTICE TO NON-U.S. DATA SUBJECTS

If you are located outside of the United States and use our Services, you acknowledge and agree that your Personal Information will be processed in accordance with this Privacy Policy, and may be transferred to—and processed in—the United States and other countries where data protection laws may be different from those in your jurisdiction.

10. CHILDREN

The Services are not directed to or intended for children under 13 years of age. We do not knowingly solicit, collect or maintain information from those we actually know are under 13, and no part of our Services are targeted to attract anyone under 13. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user's Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us, please contact us via e-mail at [email protected] or write to us at 401NYC, LLC, Attn: Privacy Office, 37-11 10th Street, Long Island City, NY 11101.

11. SECURITY

We strive to keep your Personal Information private and safe. We employ all reasonable administrative, physical, and electronic measures designed to protect your information from unauthorized access. However, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website, any transmission of Personal Information by you is at your own risk. We cannot guarantee that such information will not be intercepted by third parties, and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.

12. THIRD-PARTY WEBSITES

While visiting the Website, you may be able to link to websites operated by third parties, or you may have come to the Website using a link found in another website. We do not make any representations or warranties about any third-party website, and we have no control over them or the information, services, products they provide or the manner or methods they employ to collect, store, access, or otherwise use your Personal Information. If you provide Personal Information through one of those websites, you are subject to the privacy policy of the operator of that website, not our Privacy Policy.

13. CHANGES TO OUR PRIVACY POLICY

We reserve the right to change, modify, add, or remove portions of this Privacy Policy at any time and without prior notice, and any changes will become effective immediately upon being posted. However, we will not use your Personal Information in a way that is adverse and materially different from the uses described in this Privacy Policy without giving you an opportunity to opt out. The "Last Modified" date indicates if and as of when changes have been made to this Privacy Policy. Your continued use of the Website and Services after this Privacy Policy has been amended shall be deemed to be your continued acceptance of the terms and conditions of the Privacy Policy, as amended.

14. CONTACT US

If you have any questions regarding our Privacy Policy, or if you wish to issue a request to exercise your rights where applicable by law, you can contact us via e-mail at [email protected] or write to us at: