1. Introduction

A. Gables Residential (“Gables”, “we”, “us” or “our”) respects your privacy and is 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-policy. Please check the Website periodically for updates. If we make material changes to this Privacy Policy, we will post the updated Privacy Policy on the Website with a notice of the changes and update the date at the top of this Privacy Policy.

D. If you are a resident of California or of another state with a consumer privacy law, 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. Personal Information We Collect, Information Retention, 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. We collect and retain only the personal information that is reasonably necessary and proportionate to achieve the purposes described in this Privacy Policy, and, where required by applicable law, we conduct and document any assessment that the law requires before processing.

B. Information You Provide to Us via the Website.

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. If we offer the option to sign in or register using a social media account, you authorize us to receive certain information from that platform in accordance with your settings on that platform, such as your name, email address, and public profile information. We may also ask you 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, including identifying information, such as your name, address, email address, and telephone number, and, if you transact business with us, financial information. 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. Any mobile application we offer may also 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 identity verification provider may collect a photograph of you and of your government identification and compare them, which involves the collection of a biometric identifier that is used only to confirm your identity. 

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 goods and services that may be of interest to you and, where you have consented or as otherwise permitted by applicable law, about third parties’ goods and services. Please see Section 10 for information about our email and text message practices.

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, where you have consented to that disclosure or as otherwise permitted by applicable law.
• 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 11. 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 1798.80, 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;
• Biometric information, such as facial images used to verify your identity;
• 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. The length of time we retain a category of personal information depends on the purpose for which we collected it, our legal and regulatory obligations (including fair housing and other recordkeeping requirements), and whether the information is needed to resolve disputes or enforce our agreements. For example, we generally retain rental application and resident records for the duration of the application or tenancy and for a period afterward as required by 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, (5) for short-term transient use, including certain non-personalized advertising, (6) maintaining or servicing accounts, providing customer service, verifying customer information, or providing similar services, and (7) 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. Residents of Other States with Consumer Privacy Laws

Residents of certain other states that have enacted consumer privacy laws have rights with respect to their personal information, as and to the extent provided by the law of their state. As of the date of this Privacy Policy, these states include Colorado, Connecticut, Delaware, Florida, Indiana, Iowa, Kentucky, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Rhode Island, Tennessee, Texas, Utah, and Virginia. The rights below apply only to residents of those states and only to the extent required by applicable law, and we will not discriminate against you for exercising them.

i. Virginia, Indiana, Kentucky, Montana, Nebraska, New Hampshire, New Jersey, Rhode Island, and Texas. If you are a resident of one of these states, you have the following rights, as and to the extent provided by your state’s law:

• 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. Decisions on rental applications are made by members of our team, who review the application materials together with any recommendation from our screening provider, and you may ask that a decision on your application be reconsidered by a member of our team. To the extent your state’s law gives you a right to opt out of (3), you may exercise it as described in the “Exercising Your Rights” Section of this Privacy Policy.

ii. Colorado, Connecticut, and Delaware. If you are a resident of Colorado, Connecticut, or Delaware, you have the rights described in paragraph i above. In addition, we recognize universal opt-out mechanisms, such as the Global Privacy Control, as a valid request to opt out of the sale of personal information and processing for targeted advertising for the browser or device from which the signal is sent, as described in Section 8.A, which we apply regardless of the state in which you live. If you are a Connecticut resident, you may also request a list of the third parties to which we have sold your personal information and, as part of an access request, the inferences we have derived from your personal data, and if you are a Delaware resident, you may request a list of the categories of third parties to which we have disclosed your personal information. We do not collect, use, or sell personal information to train large language models.

iii. Florida. If you are a Florida resident and the Florida Digital Bill of Rights applies to our processing, you have the rights described in paragraph i above, and you may opt out of the processing of sensitive personal data, including precise geolocation and biometric data, and of the collection of personal data through voice or facial recognition features.

iv. Oregon. If you are an Oregon resident, you have the rights described in paragraph i above, and you also have the right to obtain a list of the specific third parties, other than natural persons, to which we have disclosed personal data.

v. Maryland. If you are a Maryland resident, you have the rights described in paragraph i above. Maryland law also limits our collection and processing of your personal data to what is reasonably necessary and proportionate, and prohibits the sale of sensitive personal data and of the personal data of consumers we know to be under 18 years of age.

vi. Minnesota. If you are a Minnesota resident, you have the rights described in paragraph i above, and, where we engage in profiling in furtherance of decisions that produce legal or similarly significant effects, you have the right to question the result of the profiling, to be informed of the reasons that the profiling resulted in the decision, and to review the personal data used in the profiling. You also have the right to obtain a list of the specific third parties to which we have disclosed your personal data.

vii. Iowa and Utah. If you are an Iowa or Utah resident, you have a narrower set of rights: to confirm whether we are processing your personal data and to access that data; to delete personal data you previously provided; to obtain a portable copy of your personal data; and to opt out of the sale of personal data and of processing for targeted advertising. Iowa and Utah law do not provide a right to correct personal data.

viii. Tennessee. If you are a Tennessee resident, you have the rights described in paragraph i above, as provided by the Tennessee Information Protection Act.

ix. Sensitive Personal Information. Where your state’s law requires it, we process sensitive personal information (such as government identification numbers, biometric identifiers used to verify your identity, precise geolocation, and information about your health or protected characteristics) only with your consent or as otherwise permitted by law, and we do not sell sensitive personal information. We also do not sell precise geolocation data or the personal information of individuals we know to be under 18 years of age.

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. We will respond to your request within the time required by applicable law, generally within 45 days, and we may extend that period by an additional 45 days where reasonably necessary and permitted by law, in which case we will notify you. 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. If we refuse to take action upon your request, you may appeal such refusal by contacting us after your receipt of the refusal at 1-888-965-0330 or by completing this webform: https://www.gables.com/privacy-request. We will respond to your appeal within 45 days, and if we deny your appeal we will provide information about how you may contact the attorney general in your state.

 

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 and Text Message Communications; Anti-Spam Policy

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 use 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.

B. Anti-Spam Policy. Gables does not send unsolicited commercial email, and we do not permit our communities, affiliates, vendors, or any other third party to advertise this Website, our communities, or our services by unsolicited email or other unsolicited electronic messages. We send commercial email only to individuals who have provided their contact information to us or to one of our communities (for example, by submitting an inquiry directly or through an apartment listing service, touring a community, applying for an apartment, or becoming a resident) or who have otherwise consented to receive it, and we comply with the CAN-SPAM Act and other applicable law. Each commercial email we send identifies Gables or the community as the sender, includes our postal address, and includes instructions for opting out of future commercial email, and we honor opt-out requests within ten business days. If you believe you have received unsolicited email advertising Gables, please forward it to [abuse@gables.com] so that we can investigate.

C. Text Messages. If you provide your mobile telephone number and agree to receive text messages from us or one of our communities, we may send you text messages about your inquiry, application, or residency and, where you have separately consented, marketing messages. Consent to receive marketing text messages is not a condition of leasing an apartment. Message and data rates may apply, and you may opt out at any time by replying STOP to any message we send.

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. If you are a California resident and are not satisfied with our response to a privacy request, you may have the right to lodge a complaint with the California Privacy Protection Agency at cppa.ca.gov. 

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”.