1. Introduction

A. Gables Residential (“Gables”, “we”, “us” or “our”) respects your privacy and are committed to protecting it through our compliance with this policy. The privacy policy contained herein, and as amended from time to time (“Privacy Policy”) describes the types of personal information we may collect or that you may provide when you use our gables.com website (“Website”) or otherwise in connection with our products, services, or locations, such as in connection with our rental application process or as a resident (collectively, together with the Website, the “Services”) and our practices for collecting, using, protecting and disclosing that personal information.

B. This Privacy Policy applies only to personal information you provide or we collect via our Services. This Privacy Policy does not apply to information that we collect through websites not under our control, including websites you may access through our Website, or information that you provide to or is collected by any third party. These third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

C. Please read this Privacy Policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, do not continue to use our Services. This Privacy Policy may change from time to time and will be posted on our Website at gables.com/privacy. Please check the Website periodically for updates.

D. If you are a resident of California, Virginia, or Colorado, please also see our “State Privacy Rights” Section of this Privacy Policy.

2. Users under the Age of 18

A. Our Services that collect personal information are not intended for individuals under 18 years of age, and we do not knowingly collect personal information from individuals under 18. If we learn we have collected or received personal information from an individual under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us.

3. Information We Collect and How We Collect It

A. We may collect information (including personal information) from and about users of the Website directly from you when you provide it to us and/or automatically when you use the Website. We may also collect personal information from you in connection with your rental application or if you are one of our residents. We retain the personal information that we collect to achieve the purposes for which the personal information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax, accounting, or audit purposes, or for other purposes permitted or required under law.

B. Information You Provide to Us.

i. When you use the Website, we may ask for you to provide information by which you may be personally identified, such as, but not limited to, name, postal address, email address, telephone number, geolocation, mobile device identification number, or any other identifier by which you may be contacted online or offline (“personal information”), or that is about you but individually does not identify you.

ii. This information includes information that you provide by filling in forms in the Website. This includes information provided when posting material and requesting information. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the Website. We may also collect (a) records and copies of your correspondence (including email addresses and phone numbers), if you contact us; (b) your responses to surveys that we might ask you to complete for research purposes; (c) details of transactions you carry out through the Website; and (d) your search queries on the Website.

iii. You may provide information to be published or displayed to other users on or through the Website (collectively, “Content”). Your Content may be transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of third parties with whom you may choose to share your Content. Therefore, we cannot and do not guarantee that your Content will not be viewed by unauthorized persons.

iv. In the event that we provide you with social media login capability, in order to register as a user with us, you may be asked to sign in using your Facebook or other social media site (“SMS”) login. If you do so, you authorize us to access certain SMS account information, such as your public SMS profile (consistent with your privacy settings in SMS), your email address, interests, likes, gender, birthday, education history, relationship interests, current city, photos, personal description, friend list, and information about and photos of your SMS friends who might be common SMS friends with other users. You will also be asked to allow us to collect your location information from your device when you use the Website. In addition, we may collect and store any personal information you provide while using the Website or in some other manner. This may include identifying information, such as your name, address, email address and telephone number, and, if you transact business with us, financial information. You may also provide us photos, a personal description and information about your gender and preferences for recommendations, such as search distance, age range and gender. If you chat with other users, you provide us the content of your chats, and if you contact us with a customer service or other inquiry, you provide us with the content of that communication.

C. Automatic Information Collection and Tracking.

i. When you access the Website, technology may be used to automatically collect certain information, including, but not limited to:

Usage Details. When you access and use the Website, we may automatically collect certain details of your access to and use of the Website, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the Website.

Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information and the device’s telephone number. Web servers, the main computers that serve up web pages, automatically identify your computer by its IP address. As permitted under applicable law, Gables collects IP addresses for the purposes of system administration, gathering and analyzing aggregated information, creating a better experience for users and auditing the use of our site. We do not normally link IP addresses to anything personally identifiable, which means that your session will be logged, but you remain anonymous to us. We will seek to link your IP address when we feel it is necessary to protect this site and other users from harm and to prevent criminal misconduct.Stored Information and Files. The Website also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

Stored Information and Files. The Website also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

Location Information. The Website may collect real-time information about the location of your device.

ii. We also may use technologies to collect information about your usage of the Website over time. If you do not want us to collect this information either cancel your account or do not access the Website.

D. Information Collection and Tracking Technologies.

i. The technologies we use for automatic information collection may include:

Cookies (or mobile cookies). A cookie is a small file placed on your smartphone, tablet, or other computing device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your device or you can opt out of Cookie usage at time of Website access. If however you select this setting you may be unable to access certain parts of the Website.

Web Beacons. Pages of the Website or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

E. Information You Provide to Us for Rental Applicants and Residents. 

We may also collect information directly from you in connection with our rental application process or as our resident. The categories of personal information that will be requested during the rental application process may include Social Security Number, government identification, name, address, age, date of birth, e-mail address, income information, employment information, telephone number, and/or other personal information you may choose to provide us. This information will be collected on the rental application form and/or other documents provided directly to us or to a locator service, either on paper or through electronic communication. In addition, during the rental application process or the apartment tour process, we and our third-party providers may collect your picture as a part of an identity verification process.

F. Video and Audio Data

When you visit our properties, we and our third-party providers may collect video and audio data via security cameras.

4. Third-Party Information Collection

A. Aggregated and/or non-personal information. We may use and disclose non-personal information we collect with third parties under any of the above circumstances. We may also share it with third parties to develop and deliver targeted advertising on the Website and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine non-personal information we collect with additional non-personal information collected from other sources. We also may share aggregated, non-personal information, or personal information in hashed, non-human readable form, with third parties, including advisors, advertisers and investors, for the purpose of conducting general business analysis or other business purposes. For example, we may engage a data provider who may collect web log data from you (including IP address and information about your browser or operating system), or place or recognize a unique cookie on your browser to enable you to receive customized ads or content. The cookies may reflect de-identified demographic or other data linked to data you voluntarily have submitted to us (such as your email address), that we may share with a data provider solely in hashed, non-human readable form. To opt-out of cookies that may be set by third party data or advertising partners, please go to www.aboutads.info/choices/.

B. When you use the Website or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, etc.

C. These third parties may use tracking technologies to collect information about you. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

5. How We Use Your Information

A. We use information collected about you or that you provide to us, including any personal information, to:

• Provide you with the Services (including providing and operating the Website and its contents and in connection with the rental application process), and any other information, products or services that you request from us.
• Fulfill any other purpose for which you provide it.
• Verify statements made on rental applications, including rental, credit, employment, and criminal history and verifying your identity.
• Give you notices about your account or subscription, including expiration and renewal notices.
• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• For security purposes, including monitoring, fraud, crime prevention, detection, and investigation, and to protect us, our employees and agents, and other residents or persons.
• Comply with applicable legal requirements, court orders, law enforcement, government or regulatory agencies, or governmental mandates.

B. The usage information we collect via our Website helps to learn more about our visitors and residents to improve the Website and to deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize the Website according to your individual interests.
• Speed up your searches.
• Recognize you when you use the Website.

C. We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. We may use the information we collect to display advertisements to our advertisers’ target audiences.

6. Disclosure of Your Information

A. We may disclose aggregated information that does not constitute personal information about our users without restriction. In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.
• To contractors, service providers, content providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about the Service users is among the assets transferred.
• To third parties to market their products or services to you.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.
• With your consent.
• To comply with any court order, law or legal process, including responding to any government or regulatory request.
• Gables reserves the right to disclose information if we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

7. Social Media Plug-ins

A. When applicable we integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Tumblr, Pinterest and possibly others, into our Website. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Privacy Policy.

8. State Privacy Rights

A. Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising

We may allow certain third parties (such as online advertising services) to collect your personal information via automated technologies via our Website. Under certain U.S. state privacy laws, this may constitute a “sale” or “share” of personal information or “targeted advertising”. We may have “sold” or “shared” personal information, which consists of identifiers, commercial information, and internet or other electronic network activity information to data analytics providers, advertisers, and social networks for the business and commercial purposes of online advertising and to provide third-party social network features and functionality. Under certain U.S. state privacy laws, you have the right to opt-out of this disclosure of your information, which may be considered a “sale”, “sharing”, or “targeted advertising” under such laws. You may opt-out of this “sale”, “sharing”, or “targeted advertising” on our Website by setting a browser-level opt-out, the Global Privacy Control or, in some states, through rejecting cookies in our cookie banner. Through the Global Privacy Control, we process opt-out signals in a frictionless manner. You may learn how to set that signal by going to this website: https://globalprivacycontrol.org/. You may also request to opt-out of this “sale”, “sharing”, or “targeted advertising” by e-mailing us at privacyrequest@Gables.com.

B. California Residents

i. Direct Marketing. California Civil Code Section 1798.83 permits users of the Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please contact us as noted below in Section 14. Contact Information.

ii. CCPA. This Section of our Privacy Policy contains certain required information and informs California residents of certain rights arising under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”).

iii. Categories of Personal Information Collected. We may have collected the following categories of personal information from you within the last twelve (12) months:

• Identifiers, such as name, address, online identifier, internet protocol address, e-mail address, account name, social security number, driver’s license number, passport number, or other similar identifiers;
• Additional personal information described in California Civil Code Section 17980.80, such as telephone number, bank account number, credit card number, debit card number, or any other financial information, employment, and employment history;
• Characteristics of protected classifications under California or federal law;
• Commercial information, such as records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming tendencies;
• Internet or other electronic network activity information;
• Geolocation data;
• Audio and visual information, including pictures and videos;
• Professional or employment-related information;
• Education information;
• Inferences drawn from other personal information; and
• Sensitive personal information.

iv. Categories of Sources From Which Personal Information Is Collected. We may have collected personal information from you from the following categories of sources: (1) directly from you via the Services or when you visit one of our properties; (2) your devices; (3) your family and friends; (4) our affiliates and subsidiaries; (5) our third-party providers; (6) social networks; and (7) other available sources, such as public records.

v. Business or Commercial Purposes for Collecting Personal Information. The business or commercial purposes for collecting your personal information are set forth in the “How We Use Your Information” Section of this Privacy Policy.

vi. Categories of Personal Information “Sold” or “Shared” to Third Parties and the Business and Commercial Purposes. The categories of personal information that we have “sold” or “shared” to third parties in the last twelve (12) months and the business and commercial purposes for “selling” or “sharing” such personal information are set forth in the “Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising” Section of this Privacy Policy. We do not knowingly “sell” or “share” the personal information of individuals under sixteen (16) years of age.

vii. Categories of Personal Information Disclosed to Third Parties. All of the categories of personal information described above may be shared with third parties as set forth in the “Disclosure of Your Information” Section of this Privacy Policy.

viii. Personal Information Retention. We retain the personal information that we collect to achieve the purposes for which the personal information was collected. In certain cases, we may need to retain personal information for purposes required under applicable law, for tax, accounting, or audit purposes, or for other purposes permitted or required under law.

ix. Use and Disclosure of Sensitive Personal Information. We may collect “sensitive” personal information for limited purposes, such as for conducting a background check and for other purposes that an average consumer would reasonably expect. We do not use or disclose your sensitive personal information outside of the following purposes: (1) performing our service or providing goods, (2) detecting security incidents, (3) resisting malicious, deceptive, fraudulent, or illegal actions, (4) ensuring physical safety, (4) for short-term transient use, including certain non-personalized advertising, (5) maintaining or servicing accounts, providing customer service, verifying customer information, or providing similar services, and (6) verifying and maintaining the quality or safety of a service or product or improving, upgrading, or enhancing a service or product. As such, the right to limit our use and disclosure of such sensitive information does not apply.

x. Your California Privacy Rights. The following rights apply to California residents:

• the right to know what personal information that we have collected about you, including the categories of information, the categories of sources from which the personal information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose personal information, and the specific pieces of personal information we have collected about you;
• the right to delete personal information that we have collected from you and the right to correct inaccurate personal information that we maintain about you (each subject to certain exceptions);
• the right to opt-out of the “sale” or “sharing” of your personal information (as described in the “Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising” Section of this Privacy Policy); and
• the right to exercise your rights under the CCPA free of discrimination by us including, but not limited to: denying goods or services to you; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services to you; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services

xi. Exercising Your California Privacy Rights. For information on how to exercise your rights under the CCPA, please review the “Exercising Your Rights” Section of this Privacy Policy.

C. Virginia and Colorado Residents

The following rights apply to residents of Virginia and Colorado:

• The right to confirm whether we are processing your personal information and to access such personal information.
• The right to correct inaccuracies in your personal information, taking into account the nature of the personal information, and our purposes of the processing of such personal information.
• The right to delete personal information provided by or obtained about you.
• The right to obtain a copy of your personal information that you previously provided to us in a portable and if technically feasible, readily useable format that allows you to transmit the data to another controller without hindrance.
• The right to opt out of the processing of your personal information for purposes of: (1) targeted advertising, (2) the “sale” of personal information, or (3) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. You may opt out of (1) and (2) as described in the “Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising” Section of this Privacy Policy. Your right to opt out of (3) does not apply as we engage in such decision-making, if at all, to comply with law or exercise or defend our legal rights.

D. Exercising Your Rights

You may make privacy requests by contacting us at 1-888-965-0330 or by completing this webform: https://www.gables.com/privacy-request. However, please see the “Notice of Right to Opt-out of Sale and Sharing Personal Information and Targeted Advertising” Section of this Privacy Policy above for additional information on how to opt-out of “sale”, “sharing”, or “targeted advertising”. You may designate an authorized agent to make such requests on your behalf by having your authorized agent make a privacy request as set forth above. Your authorized agent must complete the webform with their information and disclose the fact that they are your “authorized agent” and provide your first and last name in connection with the request. Before we can honor your requests, we may confirm that the requesting party is the consumer whose information is sought or a person authorized to act on that consumer’s behalf. If a requesting party is an online account holder with a password-protected account, it may be necessary for the account to be accessed by the requesting party to confirm the request(s). In addition, depending on the type of request and the categories of information subject to the request, we may request verifying information from the requesting party such as identifiers or commercial information (e.g., service history) already known to or collected by us.

9. Data Security

A. The safety and security of your information (including personal information) can also depend on you. For example, where we have given you (or where you have chosen) a password for access to certain parts of the Website, you are responsible for keeping this password confidential. You should not share your password with anyone. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we do use commercially reasonable efforts to protect your personal information, we cannot guarantee the security of your personal information transmitted through the Services. Any transmission of personal information is at your own risk.

10. Email Consent and OPT-OUT

A. Your provision of personal information on a registration form in the course of our providing our Services to you constitutes your affirmative consent that we may contact you by email to provide you with information and notices relating to the property where you reside, on various similar services available to you at or through that property and on various other properties that may be available and of interest to you in the future. It also means we may email you regarding updates to this Privacy Policy. We notify you of this at the time you choose to register, and we will provide you the option not to receive further marketing communications from us at the time you register. Mass commercial email sent by us contains a link with instructions on how to remove yourself from our email list. Please note that if you are a resident of a Gables community and you this Website and your community site, you will need to opt-out of your community site separately. You will also need to opt-out separately from any third-party e-mails you may receive.

11. Contact Information

A. If you have a question regarding your personal information or this Privacy Policy, please e-mail us at privacyrequest@Gables.com.

B. You may also contact us with a question regarding your personal information described in this Privacy Policy by mail at Gables Residential, Attn.: Data Privacy, 3399 Peachtree Road, Suite 600, Atlanta, GA 30326. If you contact us by mail, your communication should clearly be marked as a “Data protection query” and as being “Time sensitive”.