Last Revised: June 29, 2020

M.V. Partners (collectively with its affiliates, “Azulón®,” “we,” or “us”) welcomes you to its website, www.azulonapts.com and to the Azulón at Mesa Verde® residential community (the “Community”). This Privacy Policy describes how Azulón treats information about you that we collect and receive about you (1) through the website, including any password-protected resident account system (“Resident Portal”); (2) through any wireless internet services made available to the public within the Community (“Wi-Fi Services”); (3) through the Azulón business, including off line communications with you such as telephone, e-mail and personal communications; and (4) through third parties. The website and Wi-Fi Services are collectively referred to as the (“Sites”). This Privacy Policy together with the Terms of Use govern your use of the Sites and Azulón’s collection and use of your information both through the Sites and offline.

Table of Contents

  1. Acceptance of Privacy Policy
  2. Types of Information We Collect
  3. How We Collect Information
  4. How We Use Your Information
  5. How We Respond to “Do Not Track” Signals
  6. Communications with You
  7. Information Sharing with Third Parties
  8. Children
  9. Protection of Personal Information
  10. Updating Your Information
  11. Notice of Privacy Rights of California Residents
  12. Links
  13. Questions?

1. Acceptance of Privacy Policy

Each time you access, use, register with, or browse the Sites, or provide information to Azulón® online or offline, or click on Azulón’s digital advertisements on third party websites or applications, you signify your acceptance of Azulón’s then-current Privacy Policy. If you do not accept this Privacy Policy, you are not authorized to access, use or browse the Sites, or to provide information to Azulón or to click on Azulón’s digital advertisements on third party websites or applications, and must discontinue use of the Sites immediately.

Should this Privacy Policy be revised, Azulón will post the changes on the Sites which will be effective immediately upon posting. Any material changes in the manner that we use your information will apply only to your information that is collected thereafter, unless we provide notice or have other communications with you. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” legend at the top of this page.

If you provide your information to Azulón offline, the Privacy Policy applies to Azulón’s collection and use of your information. We may make paper copies of the then-current Privacy Policy available when we collect information from you offline. In addition to this Privacy Policy, you agree that the following provisions in the Terms of Use also govern Azulón’s collection and use of your information collected offline: Sections 1 (Acceptance of the Terms of Use); 7 (Your Indemnity of Azulón); 10 (Disclaimers and Limitation of Liability); 12 (Governing Law and Disputes); and 13 (Miscellaneous).

2. Types of Information We Collect

We may collect information that identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with you as an individual or with your particular household (“Personal Information”). We may also collect information that does not personally identify the individual to whom the information relates, such as information that is aggregated by Azulón or a third party, or information that is not linked to contact information or other personally identifiable information of an individual (“Non-Personally Identifying Information”). Numerous examples of Personal Information are given in the list of Category/Examples below. However, if and to the extent those examples of information are collected but cannot be reasonably linked to you or your household, they are considered Non-Personally Identifying Information. We may combine Personal Information we collect with other Non-Personally Identifying information that we obtain from any source and will treat any such combined information as Personal Information.

We or third parties may also collect information from you automatically from your usage of your cell phone, iPad, laptop or other electronic devices and the applications on those devices, or when you use the Sites (“Usage Information”). This information may include, without limitation, your IP address, Sites usage statistics, time stamps, browsing history, and other information regarding your use of the Sites. Some Usage Information may be considered Personal Information if and to the extent it is linked to any information that reasonably identifies you.

Depending on how you have interacted with us, we may have collected certain information within the following categories of Personal Information from you in the last 12 months. Please note that we have not collected every type of Personal Information identified in the examples below, and the types of Personal Information we have collected on any consumer depends on the consumer’s interaction with Azulón and the Community.


Category: Identifiers.
Examples:
This category may include: name, postal address, unique personal identifiers, online identifiers, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers. Under the CCPA, “unique identifiers” or “unique personal identifier” means a persistent identifier that can be used to recognize a consumer, a family, or a device that is linked to a consumer or family, over time and across different services.
Collected?: YES

Category: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: This category may include: name, signature, Social Security number, physical characteristics, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education or employment information, financial account numbers, medical information, or health insurance information.
Collected?: YES

Category: Protected classification characteristics under California or federal law.
Examples: This category may include: age, race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex and gender information, veteran or military status, or genetic information.
Collected?: YES

Category: Commercial information.
Examples: This category may include: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
Collected?: YES

Category: Biometric information.
Examples: This category may include: imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a face print, a minutiae template, or a voiceprint, can be extracted.
Collected?: NO

Category: Internet or other electronic network activity information.
Examples: This category may include: browsing history, search history, and information regarding interactions with an Internet Web site, application, or advertisement.
Collected?: YES

Category: Geolocation data.
Examples: This category may include: physical location or movements.
Collected?: NO

Category: Sensory data.
Examples: This category may include: audio, electronic, visual, thermal, olfactory, or similar information.
Collected?: YES

Category: Professional or employment-related information.
Examples: This category may include: current or past job history or performance evaluations.
Collected?: YES

Category: Non-public education information
Examples: This category may include: education records directly related to a student maintained by an educational institution or party acting on its behalf (e.g., grades, schedules, student ID numbers).
Collected?: NO

Category: Inferences drawn from other personal information.
Examples: This category may include: inferences drawn from the above information that may reflect your preferences, characteristics, predispositions, behavior, or attitudes.
Collected?: YES


3. How We Collect Information

We may collect Personal Information and/or Non-Personally Identifying Information from you when you:

  1. Use the Site or communicate with Azulón® or Community staff via the Sites or offline;
  2. Submit a resident application for, become a resident of, or visit the Community;
  3. Sign a lease or make a payment;
  4. Register, access or use the Resident Portal;
  5. Register to receive emails or newsletters;
  6. Authorize a third party to act on your behalf with Azulón;
  7. Submit work orders, complaints, suggestions, or requests to use recreational space or other common areas within the Community;
  8. Register, enroll or participate in recreational, educational or entertainment activities for the Community; surveys or questionnaires; promotions or sweepstakes, or any other services, events or activities sponsored by Azulón or third parties, or offered in connection with the Sites (“Activities”);
  9. Register for, provide or request guest and visitor information or participate in Community services;
  10. Use Community keys fobs or interact with Community security systems; or
  11. Are in public areas on any of our properties subject to video monitoring, including the Mesa Verde Center.

By using the Site, or by submitting your Personal Information to Azulón online or offline, you expressly consent to the storage and processing of your Personal Information in the United States in accordance with the laws of the United States, or in other jurisdictions.

We may obtain Personal Information and/or Non-Personally Identifying Information from third parties including, without limitation, the purveyors of Usage Information, the owners or operators of the websites or applications where our advertisements appear (some of which partner with Azulón or with an advertisement network used by Azulón), our property managers, service providers, affiliates, brokers, tenants, suppliers, vendors, merchants, licensors, Activities partners and sponsors, and other sources. We may combine Personal Information we collect with information that we obtain from these sources. We will treat any such combined information as Personal Information.

We also may collect information using cookies, web beacons, pixels, gifs, tags or other technologies (“Collection Technology”), or through third parties using similar technologies. Collection Technology may operate as a piece of data stored on your browser or device, or may identify, compile, aggregate and/or collect information through other means. When you visit the Sites your web browser may use Collection Technology to better enable you to navigate the Sites during your visit and upon your return. You may use the Sites even if you choose to reject or delete certain Collection Technology. Collection Technology also may be used by some of the other websites for which a link is placed on the Sites.

The Sites may use Google Analytics. Google Analytics uses Collection Technology to collect and store anonymous information about you, which may include Usage Information and other Non-Personally Identifying Information described above. For more information about Google Analytics follow this link. You can opt-out from being tracked by Google Analytics in the future by downloading and installing Google Analytics’ Opt-out Browser Add-on for your current web browser by following this link. The Sites may use certain features of Google Analytics based on Display Advertising, such as:

  1. “Demographics and Interest Reporting” to analyze information regarding the interests and demographics of users of the Sites. We use such Non-Personally Identifying Information in the same manner as we use other Non-Personally Identifying Information as described below.
  2. “Remarketing with Google Analytics” to place ads on other websites directed to people who have visited the Sites.
  3. “Google Display Network Impression Reporting” to report how people’s interactions with our ads relate to their visits to the Sites.
  4. Integrated services that require Google Analytics to collect data via advertising cookies and identifiers.

You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads by changing the ad settings by following this link.

4. How We Use Your Information

We may use the information we collect:

  1. To process your application and complete the leasing process;
  2. To provide and improve services to the residents of the Community, either by Azulón or via third party service providers to Azulón;
  3. To manage our resident relationships, including background checks and payment collection;
  4. To send emails or newsletters;
  5. To provide you with general or personalized content about new developments, Community information, safety features, amenities, products, attractions, merchants, restaurants and other useful or important information;
  6. To plan, improve and administer Activities;
  7. To provide information to third parties that may offer, host or provide Activities;
  8. To alert you to new features, terms, Activities, stores, restaurants, products or services;
  9. To process and respond to your inquiries;
  10. To monitor and analyze information regarding your browsing and viewing preferences;
  11. To analyze our Site users’ and Community residents’ demographics and interests;
  12. To monitor activity in the Community;
  13. To administer, support or improve the Sites;
  14. To promote and improve the services we offer;
  15. For the purposes for which you provided the information; and
  16. To enforce the Terms of Use or the Wi-Fi Services Agreement.

In addition to the uses discussed above, Azulón may use Non-Personally Identifying Information in any manner so long as Azulón uses such information in its de-identified form. These uses may include, without limitation, analysis of website trends and how the Sites are used; improving navigation of the Sites; analysis of the performance of the Sites and diagnosis of problems; analysis and developing advertisements and advertising campaigns; and providing you with special offers and promotions and determine the effectiveness of same.

Azulón also may use your Non-Personally Identifying Information to present you with targeted content and advertisements (including on third party websites and applications). Such targeted content and advertisements may include marketing for the Sites, the Community, or the sites, products or services of Azulón’s business and advertising partners. Your Non-Personally Identifying Information also may be used to optimize and determine the effectiveness of content and advertisements, analyze interactions with content and advertisements.

Some of our third party advertisers or display networks may participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising and allow consumers the ability to opt-out of targeted advertising based on web activity tracking. For more information regarding the foregoing, please visit the following link. Please note that after clicking the link and following the instructions provided therein, even if our third party advertisers or display networks participate in the Digital Advertising Alliance’s Self-Regulatory Program for Online Behavioral Advertising and you opt out of targeted advertising based on web activity tracking, you still may receive standard advertisements from us and targeted advertisements from third parties. You may need to re-click the link and follow the instructions provided therein if you delete cookies or other Collection Technology or use a different computer, device or browser.

5. How We Respond to “Do Not Track” Signals

Except as otherwise specified in this Privacy Policy, Azulón® does not respond to or alter its practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, Azulón reserves the right to do so in the future.

6. Communications with You

You authorize Azulón® to transmit email or postal mail to you, telephone you, or conduct a personal visit to respond to your communications, promote our services and administer and provide information to you about Activities. You agree that Azulón is authorized to contact you as a prospective winner of promotions or sweepstakes by email or telephone, send information, documents and prizes to you by email or postal mail, and publish your name as a prize winner; see applicable rules for more details. If we send any emails to promote our services, unsubscribe instructions will be included in each such promotional email from Azulón. Please note that such requests may take up to 10 days to become effective. You may not opt out of receiving communications regarding your dealings with Azulón, the Sites or technical information about the same.

7. Information Sharing with Third Parties

Please note that in the preceding 12 months Azulón® has not sold your Personal Information.

Azulón may disclose the information we collect about you: (i) to affiliates, brokers, licensors, Activities partners or sponsors, for their own direct marketing purposes, such as to provide information to you about their stores, restaurants, Activities, products, services and other important information; (ii) to third parties to provide analytics for advertising and other purposes or to confirm or update information provided by you; (iii) to our property managers, service providers, payment processors, suppliers, vendors and others who help Azulón provide services to you, such as outsourcing one or more of the functions described in this Privacy Policy; (iv) to third parties in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of Azulón’s business or operations (including without limitation in connection with bankruptcy or any similar proceedings); or (v) as otherwise authorized by you.

We also may share your Personal Information and/or Non-Personally Identifying Information in response to a subpoena, legal order or official request, when we believe you have acted in violation of the Terms of Use, to investigate, prevent or take action regarding suspected illegal activities, fraud or potential threats, or exercise legal rights or defend against claims, when we believe that doing so may protect your safety or the safety of Azulón or others, or as otherwise permitted or required by law.

Azulón may take Personal Information and de-identify it and share it in a de-identified or aggregated form with advertisers, business partners, and/or third parties in order to analyze usage of the Sites; perform services on our Sites or related to the Sites or others’ sites; improve our services; improve our user experience; or for similar purposes. We will not re-identify such data and we will ask our contracting parties to agree to keep the data in its de-identified form.

8. Children

The Sites are not directed toward persons under 18 years of age nor does Azulón® knowingly collect information from persons under 18 on the Sites. If you are under 18 you are not permitted to submit any Personal Information to Azulón. If you provide information to Azulón through the Sites, you represent that you are 18 years of age or older. If you are a parent or guardian and believe Azulón may have inadvertently collected Personal Information from your child, please notify Azulón immediately by sending an email to info@azulonapts.com detailing the basis of your belief and your request.

9. Protection of Personal Information

Azulón® uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of Personal Information. No transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Azulón® to intercept or access transmissions or private communications unlawfully. While we strive to protect Personal Information, neither Azulón nor our service providers can ensure or warrant the security of any information you transmit to us over the internet. Any such transmission is at your own risk.

Information collected by Azulón may be stored and processed by or for Azulón, or shared with third parties, in the United States in accordance with the laws of the United States, or in other jurisdictions. By using the Sites, or by submitting your Personal Information to Azulón online or offline, you expressly consent to the storage, processing and sharing of your Personal Information in the United States in accordance with the laws of the United States, or in other jurisdictions.

10. Updating Your Information

You are responsible for keeping your information current. You may update your information by contacting us at info@azulonapts.com. We will use reasonable efforts to process any change you make; provided, however, that requests to delete information are subject to Azulón’s® internal reporting, processing and retention policies and all applicable legal obligations.

11. Notice of Privacy Rights of California Residents

If you are a California resident, the California Consumer Privacy Act (“CCPA”) provides you with specific rights with respect to our collection and use of your Personal Information over the past 12 months. This California Privacy Rights Section supplements this Privacy Policy and applies solely to residents of California as of January 1, 2020. Any terms not defined in this section have the same meaning as defined in the CCPA.

A. Right to know about Personal Information collected, disclosed, or sold

If you are a California resident, you have the right to request that we provide certain information to you about our collection and use of your Personal Information over the past 12 months.  Upon the submission of a verifiable consumer request for the Personal Information that Azulón has collected about you, subject to exceptions under applicable law, we will disclose to you:

  1. the categories of Personal Information we collected about you;
  2. the categories of sources from which Personal Information was collected;
  3. the business or commercial purpose for collecting your Personal Information;
  4. the business or commercial purpose for disclosing or selling your Personal Information;
  5. the categories of third parties with whom we sold or disclosed the category of Personal Information for a business purpose.
  6. the specific pieces of Personal Information we have collected about you.

B. Right to request deletion of Personal Information

If you are a California resident, you also have the right to request that we delete any of your Personal Information that we collect or maintain about you, subject to certain exceptions. Once we receive and confirm your verifiable consumer request to delete your Personal Information, we will conduct a reasonable search of our records in order to locate any Personal Information we have collected about you that is eligible for deletion, and delete such Personal Information. To the extent we have shared with service providers any Personal Information collected about you that is eligible for deletion, we will direct those service providers to delete that Personal Information as well. Azulón may not be able to comply entirely with your request to delete all of your Personal Information as set forth under the CCPA. Specifically, we are not required to delete any Personal Information we have collected about you that is necessary for us and our service provider(s) to:

  1. Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between Azulón and you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
  3. Debug to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
  8. Comply with a legal obligation, such as retaining records for a period of time as set out in local, state, or federal laws.
  9. Otherwise use your Personal Information, internally, in a lawful manner that is compatible with the context in which you provided your information.

Following a deletion request, any Personal Information about you that was not deleted from our systems due to the above exceptions will only be used for the purposes provided for by the applicable exceptions.

C. Right to opt-out of sale of Personal Information

If you are a California resident and Azulón sells or discloses Personal Information about you to third parties, you may have the right to request that Azulón not sell your Personal Information.

To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: Do Not Sell My Personal Information

Once you make a verified opt-out request, we will wait at least 12 months before asking you to reauthorize Personal Information sales. However, if at a later time, you wish to allow us to sell your Personal Information to third parties, you must opt-in to such sharing, and may be do so by contacting us at 1-855-371-8844. If a transaction requires the sale or transmission of your Personal Information in order to complete the transaction, we will notify you and provide instructions on how you can opt-in.

D. Right to non-discrimination for the exercise of a consumer’s privacy rights

We will not discriminate against you for exercising any of your privacy rights.  Unless permitted by applicable law, we will not: (i) deny you goods or services; (ii) charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties; (iii) provide you a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

E. Exercising your California privacy rights

You do not need to create an account with us to exercise your CCPA rights. To exercise the CCPA rights described above, please submit a verifiable consumer request to us by either:

Calling us at 1-855-371-8844 or through our online request portal.

Only you, the person to whom you have given power of attorney, or an otherwise authorized agent registered with the California Secretary of State, may make a verifiable consumer request related to your Personal Information. However, you may make a verifiable consumer request on behalf of your minor child. Additionally, you may only make a verifiable consumer request for access twice within a 12-month period.

Your verifiable consumer request must provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. While we may ask for Personal Information to verify the requestor or consumer’s identity when making a request, we will only use that Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

F. Response timing and format

We will make our best effort to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. Within 10 days of receiving the request, we will confirm receipt and provide information about our verification and processing of the request. Azulón will maintain records of consumer requests made pursuant to CCPA as well as our response to said requests for a period of at least 24 months.

If you have an account with us, we may require you to take delivery of our written response through that account. If you do not have an account with us, we will deliver our written response electronically, though you may alternatively choose to receive delivery by mail.  The response will also explain the reasons we cannot comply with a request, if applicable.  Requests for the specific pieces of information that we have collected about you will be sent in a portable, readily useable format that you may transmit to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

G. Your rights under “Shine the Light”

California residents who have provided Personal Information to a business may be entitled by law to request certain information regarding the businesses’ disclosure of their Personal Information to third parties for the third parties’ direct marketing purposes (“Disclosure Request”). Please note, however, that Azulón has adopted a policy of not sharing your Personal Information with third parties for their direct marketing purposes if you request that we do not do so (“Opt-Out Policy”). Due to this Opt-Out Policy, we are entitled by law to respond to your Disclosure Request by notifying you of your right to prevent the disclosure of your Personal information pursuant to our Opt-Out Policy.

To make an opt-out request send us an email at info@azulonapts.com. When contacting us, please indicate your name, address, email address, and what Personal Information you do not want us to share with third parties for their direct marketing purposes. Please note that there is no charge for controlling the sharing of your Personal Information or for processing this request.

12. Links

You may have the opportunity to follow links on the Sites to other websites that may be of interest to you. Azulón® endeavors to only link to reputable organizations. Because other websites may not be hosted or controlled by Azulón, we are not responsible for the privacy practices of those websites or the content provided thereon. Therefore, the privacy policies with respect to other websites may differ from those applicable to the Sites. We encourage you to review the privacy policies of each other website. This Privacy Policy only applies to information collected and maintained by Azulón.

13. Questions?

If you have any questions or concerns regarding this Privacy Policy, please contact us at info@azulonapts.com.