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Privacy Policy

Effective as of January 1, 2020
Updated on January 31, 2020

Introduction

We are committed to respecting your right to privacy and protecting your information when you visit KayaHomesNY.com and use our services. In order to do so we need to collect, process and retain some personal information about you so that we can deliver our products and services in a way that supports your unique needs and interests. We want you to know that we take your privacy and the security of your personal information seriously. We also want to be transparent about the types of personal information we collect about you, how we use your personal information, and with whom we share your personal information and why. This Privacy Policy is intended to provide you with that information and to inform you of the choices you have regarding the use and retention of your personal information.

About This Policy

This Privacy Policy applies to the KayaHomesNY.com website and its associated products and services (“Website”). The terms governing your use of our Website are defined within our Terms of Use. Please note that by using our Website, you are consenting to the terms defined within our Terms of Use and this Privacy Policy.

Additionally, we may develop and release new products and services from time-to-time. If the release of these products or services results in material changes to how we collect, use or share personal information about you, we will update this Privacy Policy accordingly or will provide additional notices to inform you of such changes.

The Types of Personal Information We Collect About You and How We Use It

For the purposes of this Privacy Policy, personal information is considered to be “any information that can be used to uniquely identify you or that can be reasonably linked, directly or indirectly, with you.” The specific pieces of personal information we collect about you depends on how you use our Website and what services you subscribe to. However, the general categories of personal information we collect about you are described by the following:

Account Data

Account Data is information that we collect about you when you inquire about or subscribe to our products and services. This type of information typically includes name, email address, phone number and mailing address, and enables us to contact you for purposes such as discussing your interest in our products and services, creating an account for you to access our online services. Once your account has been created, additional information about you, such as account and communication preferences, may also be requested to enable you to configure and personalize your account. Whether you provide this additional information is up to you. You can choose what additional information you wish to provide, make changes to existing information, and to opt out of future communications at any time by updating your account preferences.

Usage Data

Usage Data is information that we collect about you regarding your use of our Website, and typically includes the following:

  • Online identifiers such as IP addresses, MAC addresses and “cookie” data (see “What is a Cookie and How Is It Used?” for more information).
  • Information about the types of devices you are using to access the Website including device type, browser type, operating system and language settings.
  • Information about the Website pages you visit, including the date, time, and length of your page visits.
  • Information about which online services you use and how you interact with those services.

Usage Data helps us to optimize the design and operation of our Website to best suit your needs and interests. It also helps us to diagnose, troubleshoot and fix any technical issues involving our Website.

What is a Cookie and How Is It Used?

A “cookie” is a small text file that is stored on your computer and makes it easy for you to move around a website without having to continually re-enter information such as your username, password, preferences, and so on. We use cookies to store our Website users’ preferences, record user-specific information including what pages they visit or access, customize the web page content based on users’ browser type, and to enhance your overall user experience. We also use cookies for advertising purposes. In such instances, a unique ad-serving cookie will be placed on your computer by us or one of our advertising partners. Other Usage Data may also be collected to inform, optimize and deliver targeted ads to you.

Sharing of Personal Information We Collect

Except as noted in the table below, we do not sell, trade, rent, or otherwise disclose your personal information to third parties. Where we do share personal information about you with third parties, their use of that information is strictly limited to the following:

Categories of Recipients Reason for Sharing
Vendors and Service Providers We often work with vendors and service providers who help support our business; for example, by providing technical infrastructure to support the operation of our Website or performing other business functions on our behalf. In such cases, we may need to provide them access to information about you so that they can deliver these services to us.
Advertising Partners Advertising partners help us to deliver targeted, personalized content to you through our Website. The use of advertising partners may involve the sharing of certain information about you. This information is shared to enable us and our advertising partners to understand your interests and preferences, and to deliver advertisements that are the most relevant to you.
Law Enforcement Agencies In certain circumstances, we may be obligated to share information about you with law enforcement agencies, regulators, and other government authorities when we have a good faith belief that it is necessary to do so to comply with the law (both within and outside the United States). We may also share information about you with these entities when we believe it is necessary to detect, prevent and address fraud, the unauthorized use of our products and services, violations of our terms of use or other policies, and other harmful or illegal activity; or when it is necessary to protect ourselves, you or others (including as part of an investigation or regulatory inquiry), or to prevent death or imminent bodily harm.
Affiliated Businesses We may disclose information about you to third parties as part of any merger, acquisition, sale, or financing agreement. In such cases, we will continue to protect personal information in our possession in accordance with this Privacy Policy, and will provide notice before any personal information is transferred to the new owner or custodian, or becomes subject to a different privacy policy.

Personal Information Retention and Protection

Protecting the confidentiality of any personal information we have collected about you is of utmost importance to us. We retain your personal information for only as long as necessary to satisfy legitimate and essential business purposes such as maintaining the performance and availability of our Website and Services, complying with legal obligations, and resolving any disputes.

We also implement and maintain appropriate technical and operational controls (including encryption and access control measures) to protect your personal information while it is stored on our systems. With that said, please note that no system or data transmission is ever completely secure. While we make all reasonable efforts to protect the confidentiality of the information we collect about you, we make no guarantees, representations, or warranties with respect to the security of your personal information during storage or transmission.

Most of the information we collect about you is associated with your Website user account. To help protect your account, we encourage you to use a strong password that is unique to your use of our Website, never share your password with anyone, never store your password in an insecure location or manner, and logout of your account when you are finished using our Website. If you suspect that your password may have been compromised or that your account has been used in an unauthorized manner, we recommend you change your account password immediately. If you require any assistance with changing your account password, please contact us using the information and methods provided in the “How to Contact Us” section of this Privacy Policy.

Requesting Deletion of Your Personal Information

At your request, we will delete (or anonymize) any information we have collected about you over the last 12 months. Please understand, though, that we will not (nor are we legally obligated to) respond to more than two such requests within a 12-month period. We may also be legally required or allowed to retain your personal information in certain circumstances even when you’ve requested that we delete your information, including:

  • Where there is an unresolved issue relating to your account such as an outstanding credit, unpaid balance, or unresolved dispute.
  • Where we need to retain your personal information for our legal, tax, audit and accounting obligations as required by applicable law.
  • Where it is necessary to maintain your personal information for our legitimate business interests such as fraud prevention or to maintain the security of our Website.

To request deletion of any personal information we have collected about you within the last 12 months, please contact us using the information and methods provided in the “How to Contact Us” section of this Privacy Policy.

Please note that by deleting your personal information, you may lose access to or use of certain portions of our Website or services. Therefore, we strongly suggest that you confirm you no longer wish to use our Website or services before making such requests.

Notice to California Residents

If you are a resident of California, then the collection, processing and use of your personal information may be subject to the California Consumer Privacy Act (“CCPA”) as well as other applicable California state privacy laws.

As a company that does business in California and collects the personal information of some California residents, we are required to inform you of the consumer rights afforded to you under the CCPA, and to enable you to exercise those rights with regards to any personal information that we may have collected about you.

Your CCPA Rights

The Right to Know How Your Personal Information is Used

As a California resident, the CCPA affords you the right to request information about the collection, use, and disclosure of your personal information over the previous 12 months, including:

  • the categories and specific pieces of personal information about you that have been collected;
  • the purposes for which your personal information have been collected, used or sold (where applicable);
  • The categories of third parties with whom your personal information have been disclosed;
  • The categories of personal information about you that have been disclosed for a business purpose; and where applicable:
  • the categories of personal information about you sold to third parties; the categories of third parties to whom your personal information was sold; and the categories of personal information about you for each third party to whom your personal information was sold.

The Right to Request Deletion of Your Personal Information

You are also afforded the right to request the deletion of any personal information that has been collected about you over the prior 12 months, subject to certain exceptions. Please refer to “Requesting Deletion of Your Personal Information” section for more information.

The Right to “Opt Out” of the Sale of Your Personal Information

Under the CCPA, you may also request that your personal information not be sold to any third parties. Businesses who sell the personal information of California residents are required to respect “opt out” requests for a period of at least 12 months before requesting your authorization to resume selling your personal information.

The Right to Not Be Penalized for Exercising Your Rights

Lastly, business required to comply with the CCPA are prohibited from charging you a fee, requiring you to pay higher prices or rates for services, providing you a lower level of service, or terminating your services altogether for exercising your rights under the CCPA; understanding, however, that some personal information may need to be retained in order to continue to deliver those services to you.

How to Exercise My CCPA Rights

To request details regarding any information about you that we may have collected over the last 12 months, and/or to request the deletion of any such information, please contact us directly using the information and methods provided in the “How to Contact Us” section of this Privacy Policy.

Please note that the CCPA does not obligate us to provide the requested information to the same consumer more than twice in a 12-month period.

Opting Out of the Sale of Your Personal Information

We have undertaken extensive steps to identify whether any of our data sharing arrangements would constitute the “sale” of personal information under the CCPA. We continue to maintain that we do not sell, trade, rent or otherwise disclose personal information to a third party for “monetary or other valuable consideration” and, therefore, are not required to provide you the ability to “opt out” of the sale of your information since we do not engage in such activities.

Notice to Canadian Residents

Under Canada's Personal Information Protection and Electronic Documents Act ("PIPEDA"), business who collect the personal information of Canadian residents are required to adhere to series of privacy principles concerning their handling of such information, including: the principles of accountability; purpose; consent; limited collection; limited use, disclosure and retention; accuracy; safeguards; openness; access; and compliance.

This Privacy Policy explains our support for the principles of accountability; purpose; consent; limited use, disclosure and retention; safeguards; openness; and access. The principles of limited collection, accuracy, and compliance are addressed below:

Limited Collection

We limit the information that we collect about you to that which is necessary to support our business and to deliver our products and services to you in accordance with this Privacy Policy.

Corrections

You can make corrections to any personal information that we have collected about you by updating your account settings and preferences. If you require assistance in making these corrections, please contact us directly using the information and methods provided in the "How to Contact Us" section of this Privacy Policy.

Complaints and Access Requests

If you are a Canadian resident and wish to request more information about our privacy practices, to request details regarding the personal information about you that we have collected, or to file a complaint, please refer to the "How to Contact Us" section of this Privacy Policy for more information.

Transmissions of Personal Information Across International Borders

The personal information of Canadian residents may be transmitted to the facilities of third-party service providers in the United States for processing and storage in accordance with the purposes described in this Privacy Policy. All parties involved will abide by the terms of this Privacy Policy. Our service providers are subject to certain safeguards, including the execution of a Non-Disclosure Agreement and the requirement that any personal information provided to them be destroyed upon completion of the service or returned to us. Personal information processed in the United States may be lawfully accessed by U.S. courts, law enforcement and national security agencies as described in the "Sharing of Personal Information We Collect" section of this Privacy Policy.

Use of Our Website by Children

Our Website is not intended for use by children under 13 years of age. We would never knowingly collect personal information from or about children under the age of 13. If you are under 13 years of age, please do not use our Website or provide any of your personal information to us.

If you are a parent of a child under the age of 13 and become aware that your child may have provided their personal information to us, please contact us using the information and methods provided in the "How to Contact Us" section of this Privacy Policy.

Updates to this Privacy Policy

Occasionally, we may update this Privacy Policy and reserve the right to make these amendments or modifications at any time by posting the revised Privacy Policy on the Website. When such changes are posted, it is important that you review those carefully so that you thoroughly understand the impact such changes have on the collection, storage, use and sharing of your personal information. If you have any further questions regarding this Privacy Policy, you are encouraged to contact us directly using the information and methods provided in the "How to Contact Us" section of this Privacy Policy.

How to Contact Us

For questions regarding our Privacy Policy or to make requests regarding any personal information about you we may collected, please email us at consumerprivacy@boomtownroi.com or call us at 1-877-308-5636.