CALIFORNIA PRIVACY NOTICE
Last Updated: January 1, 2023
This California Privacy Notice (“California Notice”) supplements the Privacy Notice [https://www.commonwealth-partners.com/privacy/] and applies solely to visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopted this California Notice to comply with California privacy laws, including the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”). Any terms defined in the CPRA and not defined here have the same meaning when used in this California Notice.
I. NOTICE OF COLLECTION AND USE OF PERSONAL INFORMATION
We collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“Personal Information”). In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this notice.
Categories of Personal Information
Within the last twelve (12) months, we have collected the following categories of Personal Information:
- Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code 1798.80(e)).
- Characteristics of protected classifications under California or federal law.
- Biometric information .
- Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement.
- Audio, electronic, visual, thermal, olfactory, or similar information.
- Professional or employment-related information.
- Personal information that is deemed “Sensitive Personal Information,” such as Personal Information that reveals a consumer’s:
- i. Driver’s license, state identification card, or passport number.
- ii. Account log-in, financial account, debit card, or credit card in combination with any required security or access code, password, or credentials allowing access to an account.
- iii. Precise geolocation.
- iv. Racial or ethnic origin union membership.
- v. The contents of your mail email and text messages unless the business is the intended recipient of the communication.
We will not collect additional categories of Personal Information other than those categories listed above. If we intend to collect additional categories of Personal Information, we will provide you with a new notice at or before the time of collection.
Use of Personal Information
We collect and process your Personal Information for the following business purposes:
- Providing or performing services, including, parking, access control, visitor management, access to amenities (such as bike rooms, conference centers, fitness centers, etc.) and responding to maintenance, cleaning, and security requests at our properties.
- Complying with applicable laws, regulations (such as completing sustainability certification requirements), rules and requests of relevant law enforcement and/or other governmental agencies, or for other purposes, as permitted or required by law.
- Providing, predicting, or performing, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, and processing payments.
- Communicating with you by email, mail, text message (SMS, MMS), telephone, push notification, and other methods of communication, to provide our services or to deliver for emergency communications to you.
- Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, and auditing compliance with this specification and other standards.
- Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.
- Debugging to identify and repair errors that impair existing intended functionality.
- Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction.
- Undertaking internal research for technological development and demonstration.
- Undertaking activities to verify or maintain the quality or safety of the services or devices owned, manufactured, manufactured for, or controlled by us, and to improve, upgrade, or enhance the services or devices owned, manufactured, manufactured for, or controlled by us.
- As necessary or appropriate to protect the rights, property, and safety of our users, us, and other third parties.
We will not use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you with notice and obtaining your consent.
Sources of Personal Information
We collect Personal Information from the following categories of sources:
- Directly from you. When you provide it to us directly whether online, by email, phone, or in-person, for example, when you create an account, sign-up to receive emails from us, contact us, or participate in our market research surveys or studies.
- From Third Parties. Such as when you provide it to your employer or the commercial tenant you are visiting at one of our properties. In this instance, we will collect your name, company information, and contact information to register you in the building access control and/or visitor management systems, or set up access to amenities such as parking, fitness centers, bike rooms, or conference rooms.
- Automatically or indirectly from you. For example, through analytics tools, cookies, pixel tags (such as Google Analytics), or through your interactions with us on social media websites (such as LinkedIn).
- Operating Systems and Platforms. For example, we automatically collect information relating to the device used to access our Services, such as IP address, device identifiers, and browser information.
- Social Networks. For example, from social media networks (such as LinkedIn), including if you contact us for customer service support through our social media pages.
Retention of Personal Information
We retain your Personal Information for no longer than is needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine retention periods include: (i) the length of time we have on an ongoing relationship with you and provide the Services to you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of compliance with laws (such as, in regard to applicable statutes of limitations, litigation or regulatory investigations).
Disclosing of Personal Information
We have disclosed the following categories of Personal Information for a business purpose with the following categories of third parties:
- Our Service Providers.
- Our affiliated entities.
- Our partners or prospective partners in order to provide us and/or our affiliates and partners with information about the use of the Services and levels of engagement with the Services, to allow us to enter into new business relationships, and to allow us to market products or services on their behalf.
Finally, we may also share Personal Information with government agencies or regulators when permitted or required to do so by law; in response to a request from a law enforcement agency or authority or any regulatory authority; and/or to protect the integrity of the Services or our interests, rights, property, health, or safety, and/or that of our users, visitors and others.
II. SALE OR SHARING OF PERSONAL INFORMATION
The CCPA and CPRA defines “sell,” “selling,” “sale,” or “sold,” broadly, as providing Personal Information to a third party for monetary or other valuable consideration. The CPRA defines “share,” “shared,” or “sharing“ as the disclosure of Personal Information to a third party for cross-context behavioral advertising.
We do not sell or share your Personal Information.
We do not and will not knowingly sell the Personal Information of minors under the age of 16 without affirmative authorization.
III. YOUR CALIFORNIA PRIVACY RIGHTS
California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to firstname.lastname@example.org, and are free of charge. However, we do not disclose Personal Information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.
1. Right to Know: You have the right to request that we disclose certain information to you about the Personal Information we collected, used, disclosed, sold and shared about you in the past 12 months. This includes a request to know any or all of the following:
- The categories of Personal Information collected about you;
- The categories of sources from which we collected your Personal Information;
- The categories of Personal Information that we have sold, shared or disclosed about you for a business purpose;
- The categories of third parties to whom your Personal Information was sold, shared or disclosed for a business purpose and the categories of persons to whom it was disclosed for a business purpose;
- Our business or commercial purpose for collecting, selling or sharing your Personal Information; and
- The specific pieces of Personal Information we have collected about you.
2. Data Portability: You have the right to request a copy of Personal Information we have collected and maintained about you in the past 12 months.
3. Right to Deletion: You have the right to request that we delete the Personal Information we collected from you and maintained, subject to certain exceptions. Please note that if you request deletion of your Personal Information, we may deny your request or may retain certain elements of your Personal Information if it is necessary for us or our service providers to:
- Complete the transaction for which the Personal Information was collected, 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 our business and you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- 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.
- 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.
- 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 the deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.
- Comply with a legal obligation.
- Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.
4. Right to Opt-In to Financial Incentives: You have the right to opt-in to financial incentives. You also have the right to opt-out at any time. Please see the “Notice of Financial Incentive(s)” section below for more information about the financial incentive(s) we offer.
5. Right to Opt-Out/In: You have the right to opt-out of the sale or sharing of your Personal Information. You also have the right to opt-in to the sale of Personal Information. We do not sell of share your Personal Information.
6. Right to Non-Discrimination: You have the right not to receive discriminatory treatment by us for the exercise of your CPRA privacy rights. Unless permitted by the CPRA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
7. Right to Correct: You have the right to correct inaccurate Personal Information about you. Once we receive and verify your request, we will use commercially reasonable efforts to correct the inaccurate Personal Information about you.
8. Right to Restrict or Limit the Use of Sensitive Personal Information: You have the right to restrict the use and disclosure of Sensitive Personal Information in certain circumstances.
Some of our Services, however, may require your Personal Information. If you choose not to provide your Personal Information that is necessary to provide any aspect of our products or services, you may not be able to use those products or services. In addition, as described in the section captioned “Your Choices” in the Privacy Notice [https://www.commonwealth-partners.com/privacy/], it is possible to change your browser settings to block the automatic collection of certain information.
IV. SUBMITTING A VERIFIED CONSUMER REQUEST
To exercise your rights, you must provide us with sufficient information to allow us to verify your identity, and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Once we receive the information you provide to us, we will review it and determine if more information is necessary to verify your identity as required by law, and we may request additional information in order to do so.
To exercise your California privacy rights described above, please submit a verifiable request to us by:
- Calling us at 855-520-5682.
- Emailing us at Privacy@cwpla.com.
Only you, or a person authorized by you to act on your behalf, may make a verifiable consumer request related to your Personal Information. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative. We will need to verify your identity with at least two (2) pieces of information, such as name and email address.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We may deny your request if we are unable to verify your identity or have reason to believe that the request is fraudulent.
Consumer Request by an Authorized Agent
If any authorized agent submits a consumer request on your behalf, in order to confirm that person or entity’s authority to act on your behalf and verify the authorized agent’s identity, we require an email be sent to Privacy@cwpla.com, along with all of the below items:
- To verify your authorization to request on behalf of a California resident, provide one or more of the following: (1) California Secretary of State authorization, (2) written permission from the California resident, or (3) power of attorney.
- Sufficient information to verify the authorized agent’s identity, depending on the nature of the request.
- To verify the identity of the California resident for whom the request is being made, provide the information set forth above for verification of the consumer request.
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. We will only use Personal Information provided in a verifiable consumer request to verify the request’s identity or authority to make the request.
We will acknowledge receipt of the request within ten (10) business days of its receipt. We will respond to a verifiable consumer request within forty-five (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. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the receipt of the verifiable consumer request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For Data Portability requests, we will provide the responsive information in a portable and, to the extent technically feasible, in a readily useable format that allows you to transmit the information 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.
Do Not Track
We use analytics systems and providers and participate in ad networks that process Personal Information about your online activities over time and across third-party websites or online services, and these systems and providers may provide some of this information to us. We do not currently process or comply with any web browser’s “do not track” signal or similar mechanisms.
V. NOTICE OF FINANCIAL INCENTIVE
From time to time, we may offer a financial incentive and/or price or service difference to our tenants or employees related to the collection of Personal Information as defined by the CCPA and CPRA. This Notice of Financial Incentive(s) explains the financial incentives or price or service differences that we may offer, so that you can make an informed decision on whether you would like to participate.
These offerings may involve collecting the following categories of Personal Information from customers who participate: name, email address, employer, and commute information. We are providing you with this information so that you may make an informed decision on whether to participate in our programs. Examples of the programs we offer include:
- Surveys: We may also offer our customers opportunities to participate in surveys. In exchange for participation you may be offered a financial incentive, such as a discount, free services, and/or free items. As part of these surveys we may collect Personal Information, such as your name, preferences, experiences, beliefs, opinions, and other responses to the survey questions. Participation in surveys is governed by the applicable terms and conditions for the survey, which will also describe any financial incentives associated with that survey and how to participate. You can terminate participation at any time. Our good-faith estimate of the value of your Personal Information is the value of the benefit we offer to you. We have calculated such value by using the expense related to the benefit.
- One-Time Promotions: In addition, we may also offer you discounts, services or other promotions from time to time, such as when you provide us your name, email address, employer, and commute information, in exchange for a one-time discount. The amount and terms of such offers will be presented to you at the time of the offer. You can terminate participation at any time by contacting us at [insert contact method]. Our good-faith estimate of the value of your Personal Information is the value of the benefit we offer to you. We have calculated such value by using the expense related to the benefit.
By participating in any of the above promotional programs, you agree that the benefits are reasonably related to the value of the Personal Information collected and retained.
Participation in our promotional programs is always optional, and you can terminate program participation at any time as explained in the applicable program terms. You can also contact us at email@example.com to unsubscribe or cancel your participation in any program.
VI. MODIFICATIONS AND UPDATES TO THIS CALIFORNIA NOTICE
This California Notice replaces all previous disclosures we may have provided to you about our information practices with respect to the Services. We reserve the right, at any time, to modify, alter, and/or update this California Notice, and any such modifications, alterations, or updates will be effective upon our posting of the revised California Notice. We will use reasonable efforts to notify you in the event material changes are made to our processing activities and/or this California Notice, such as by posting a notice on the Services or sending you an email. Your continued use of the Services following our posting of any revised California Notice will constitute your acknowledgement of the amended California Notice.
If you have any questions or concerns about this California Notice and/or how we process Personal Information, please contact us at:
515 South Flower Street
Los Angeles, CA 90071
For more information about how users with disabilities can access this Privacy Notice in an alternative format, please call us toll free at 855-520-5682.