Privacy Statement

Version: March 27, 2024

Yardi Canada Ltd. doing business as Yardi Resident Screening (“YRS”) is committed to protecting the privacy of individuals and achieving and maintaining the trust of our clients (“YRS Clients” or “Clients”) and other users of and visitors to YRS websites (collectively, “Visitors”). Central to this mission is providing a robust security and privacy program that carefully considers data protection matters across the suite of tenant screening and related products and services offered by YRS (“YRS Services” or “Services”), including data stored by YRS or its parent company on behalf of its Clients and their customers in connection with our Services (“Client Data”), and with respect to “personal data,” as defined by the European General Data Protection Regulation (“GDPR”), and “personal information,” as defined by the California Consumer Privacy Act of 2018 (“CCPA”) (collectively, “personal information”).

Web Sites Covered

This Privacy Statement describes our privacy practices regarding information we collect from individuals (“you” or “your”) who visit the YRS Sites. When we collect personal information on the YRS Sites, certain additional disclosures, that are specific to the context of our collection and use of the information being collected (e.g. a registration page), may be provided to you. For the avoidance of any doubt, we will adhere to those commitments and any such additional privacy statements are hereby incorporated into this Privacy Statement. 

IMPORTANT: THIS PRIVACY NOTICE DOES NOT APPLY TO CLIENT DATA. YRS’s confidentiality/privacy and other obligations with respect to its Services, and Client Data (as defined in the agreements for those Services), are governed solely by the agreements under which the Services are provided to our Clients. The traditional licensees of YRS Services are residential and commercial real estate property owners and property managers (again, collectively, as used in this Privacy Statement, “YRS Clients” or “Clients”). The other actors in the real estate economy are, of course, the residents, tenants and providers of various services for, or at, the buildings YRS Clients own and manage.  YRS Services (by means of example only, ScreeningWorks Pro, which is integrated into the web-based Voyager, fully integrated end-to-end software platform product suite) help Clients manage their real estate and other assets by, among other things, evaluating the qualification of tenant-applicants and the continuing qualification of tenants based on the criteria established solely by the Client for each of the properties it owns or managers. YRS generally has no direct relationship with the individuals to whom our Clients’ Client Data may pertain; YRS merely hosts or processes such data on behalf of our Clients. Any uses of Client Data by YRS are done so pursuant to the services agreement in place between YRS and the relevant YRS Client, or YRS’s applicable Terms of Service, which exclusively govern YRS’s treatment of Client Data. This Privacy Statement does not apply to YRS Services or Client Data.

If you have any questions about the data practices of a YRS Client that uses YRS Services to process your personal information, please contact the YRS Client directly.

Web Sites Not Covered

Some Services enable YRS Clients to create websites and applications of their own that run on the YRS platform. The terms of service and privacy notice of the YRS Client govern such websites.  If you submitted personal information to a YRS Client-controlled website or application (e.g. property branded RENTCafé resident portals) and you wish to exercise any rights you may have to access, correct, amend, or delete such data, please inquire with the YRS Client directly.

The YRS Sites may contain links to other third-party websites. The information practices or content of such other websites is governed by the privacy statements or notices of such other websites. YRS encourages you to review the privacy statements or notices of such other websites to understand their information practices.

General Data Protection Regulation (“GDPR”)

Some countries, including countries in the European Economic Area (“EEA”), impose certain responsibilities on data controllers and data processors. A company is a data controller when it has the responsibility of determining why and how personal information is processed, whereas a company is a data processor when it processes personal information on behalf of a data controller. YRS is a data processor and not a data controller under GDPR with respect to Client Data. YRS Clients are data controllers because they make all decisions about how or why Client Data, containing personal information or not, is to be processed, including any disclosure or transmission to third parties. If personal information pertaining to you as an individual has been submitted or entered into a YRS Service by or on behalf of a YRS Client, or was otherwise collected by a YRS Service on behalf of a YRS Client, and you wish to exercise any rights you may have to access, correct, amend or delete such Client Data, please inquire with the YRS Client directly. If an authorized YRS Client requests that we update or remove the data in question and the YRS Client has no ability to do so via use of the Services, we will acknowledge their request within 30 days.

California Consumer Protection Act (“CCPA”)

If you are a California resident, you may have certain rights with respect to personal information, as set forth in Cal. Civ. Code 1798.100 et seq.  This “Rights of Individuals” section of this Privacy Statement addresses those California-specific rights as applied to the CCPA-covered information, including the right to request information about the personal information we collect and share and to request access to and deletion of such information consistent with the provisions of the law.  Please note that most of the personal information YRS collects and maintains YRS maintains on behalf of YRS clients, as a service provider to those YRS clients.  As a result, YRS clients’ privacy policies, not this Privacy Statement, cover that information.  As a result, if you make a request to us with respect to such data, we will refer you to the YRS client (for instance, property management companies) on whose behalf we may maintain the information to assist you with your request.

Canada Personal Information Protection and Electronic Documents Act (“PIPEDA”)

To the extent it is applicable, this Privacy Statement is made under the Personal Information Protection and Electronic Documents Act. There are some rare exceptions to the commitments set out in this Privacy Statement.

For more general inquiries, the Information and Privacy Commissioner of Canada oversees the administration of the privacy legislation in the private sector. The Commissioner also acts as a kind of ombudsman for privacy disputes. The Information and Privacy Commissioner can be reached at:

Address: 112 Kent Street, Ottawa, ON K1A 1H3
Phone: (613) 995-8210
Toll-free: (800) 282-1376
Facsimile: (613) 947-6850
TTY: (613) 992-9190
Website: www.priv.gc.ca/en/

Privacy Laws of Other Territories

This Privacy Statement is made under the privacy laws of other territories not described above, to the extent they are applicable.

Rights of Individuals

Rectifying Personal Information Submitted on YRS Sites

If we have collected and processed your personal information based on your consent, you can withdraw your consent at any time by contacting us using one of the methods listed below. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.

Visitors who wish to correct, update, change, or erase the personal information they submit on certain YRS Sites should be able to go back to the applicable registration page or web form to edit their user or organization record. However, some of the information voluntarily submitted that is not personal information, such as a response to a poll or a survey, is typically aggregated and thus not correctable, updatable, changeable, or erasable. For additional information or problems accessing your information from such page, contact us by using one of the methods listed below. If you consider that we have processed your personal information in violation of applicable law and failed to remedy such violation to your reasonable satisfaction, you may also lodge a complaint with the data protection supervisory authority in your country.

Your Right To Request Disclosure of Information We Collect And Share About You

YRS is committed to ensuring that you know what information we collect about you.  You can request the following information from us, with respect to personal information we have collected: 

•    The categories of personal information we have collected about you.
•    For each category:
    o  The categories of sources from which we collected the personal information
    o  The business or commercial purposes for which we collected the personal information
    o  The categories of third parties with which we shared the information
•    The specific pieces of information we collected about you

YRS will respond to such requests if required by law, in which case the response will cover the 12-month period preceding our receipt of the request.

Your Right To Request the Deletion of Personal Information We Have Collected

Upon receiving a deletion request covered by the GDPR, the CCPA, or other applicable privacy law with respect to YRS Sites, YRS will delete the personal information we have collected about you, except for where we have a legitimate business purpose to retain such information, or situations where specific information is necessary for us to: provide you with a good or service that you requested, perform a contract we entered into with you, maintain the functionality or security of our systems, or comply with or exercise rights provided by the law. The law also permits us to retain specific information for our exclusively internal use, but only in ways that are compatible with the context in which you provided the information to us or that are reasonably aligned with your expectations based on your relationship with us.

We Do Not Sell Personal Information

YRS does not and will not sell personal information to third parties and has not sold personal information within the last 12 months.

We Are Committed To Honoring Your Rights

If you exercise any of the rights explained in this Privacy Statement, YRS will continue to treat you fairly.  In particular, this means that if you exercise any rights under this Statement, you will not be denied or charged different prices or rates for goods or services, or provided a different level or quality of goods or services than others. 

How YRS Will Respond to a Request to Exercise Your Rights

For individual rights requests covered by the CCPA, YRS will provide a substantive response to your request generally within 45 days from when we receive it, although it may take longer under certain circumstances.  For individual rights requests covered by the GDPR, YRS will provide a substantive response to your request generally within 30 days from when we receive it, although it may take longer under certain circumstances.  For individual rights requests covered by other applicable laws, YRS will provide a substantive response within the timeframe set forth in such law.  In some cases, the law may allow us to refuse to act on certain requests.  When this is the case, we will endeavour to provide you with an explanation as to why.

We may ask you for additional information to verify your identity for purposes of responding to a request you have made.  If YRS is unable to verify your identity with the degree of certainty required, we will not be able to respond to the request.

You may designate an agent to submit requests on your behalf.  For requests covered by the CCPA, the agent can be a natural person or a business entity that is registered with the California Secretary of State.   If you would like to designate an agent to act on your behalf, you and the agent will need to comply with our agent verification process.

Please note that this subsection does not apply when an agent is authorized to act on your behalf pursuant to a valid power of attorney.  Any such requests will be processed in accordance with the applicable law pertaining to powers of attorney.

The response and any actions taken by YRS to comply with a request is provided to the requestor free of charge, except where:

•     YRS has provided a copy of the personal information in response of an access request and the requestor requests further copies; or
•     The request is manifestly unfounded or excessive, in particular because of its repetitive character,  but YRS decides to honor the request.

In the above cases, YRS may charge a reasonable fee based on the administrative costs of providing the information or communication or taking the action(s) requested.

How to Make a Request to Exercise Your Rights

To exercise any of the rights above, or to ask a question, contact us by using one of the methods listed below.

Your California Privacy Rights Regarding Direct Marketing

As stated elsewhere in this Privacy Statement, and in accordance with California Civil Code section 1798.83, YRS does not disclose personal information collected on the YRS Sites to third parties for their direct marketing purposes. (California Civil Code section 1798.83 permits users of a website that are California residents to request certain information regarding the disclosure of personal information to third parties for their direct marketing purposes).

Information We Collect

Information that you provide voluntarily: YRS Sites offer various ways that individuals may contact us, such as through form submissions or phone, in order to inquire about our company and services. For example, when requesting a copy of your tenant screening report or initiating a dispute of information that was reported about you, YRS collects personal information from you that is necessary to fulfill your request.

The personal information we collect may include:

•    contact information (such as your name, address, telephone number and email address) as well as the nature of your communication;
•    professional information (such as your company name, job title, company address);
•    marketing information (such as your contact preferences); and
•    any information you choose to provide to us when completing any ‘free text’ boxes in our forms (for example, bot interaction).

Information we collect automatically: When using a YRS Site, certain information is automatically collected by most browsers or through your device (such as your IP address, your operating system, your browser, device information, unique device identifiers, mobile network information, request information (speed, frequency) and information about how you interact with a YRS Site and other websites). Some of this information is collected using cookies and similar tracking technology, as explained in the “Cookies” section below.

Information we collect from other sources: In order to enhance our ability to provide relevant marketing, offers and services to you and update our records, we may obtain information about you from other sources, such as public databases, data providers, social media platforms, as well as from other third parties. This information may include:

•    mailing addresses, job titles, email addresses, phone numbers, intent data (or user behavior data), IP addresses, social media profiles, LinkedIn URLs and custom profiles, for purposes of targeted advertising, delivering more relevant email content, event promotion and profiling; and   
•    updated delivery or payment information used to correct our records; purchase or redemption information; and customer support and enrollment information. 

Cookies

Cookies are small text files placed on your device to store data that can be recalled by a web server in the domain that placed the cookie. As is common to many online services, our Services may make use of the following third party cookies to collect certain data directly from end-user browsers for the purposes described in this Privacy Statement (see the Section “Information we collect automatically” above for further information).

Google Analytics: This website uses Google Analytics to collect anonymous information such as the number of visitors to the site, and the most popular pages. Further information on how Google collects and uses this data can be found at www.google.com/policies/privacy/partners/.

Google Doubleclick: This website uses cookies by Google DoubleClick to register and report the website user’s actions after viewing or clicking one of the advertiser’s ads with the purpose of measuring the efficacy of an ad and to present targeted ads to the user.

Facebook: This website uses cookies from Facebook to deliver relevant advertisements.

Microsoft: This website uses cookies by Microsoft to enable user tracking across Microsoft domains.

Do Not Track

Some features of the YRS Sites do not respond to browser do not track signals.

How We Use Information We Collect

We use the information we collect or receive (alone or in combination) to:

•    To respond to your inquiries and fulfill your requests, such as to send you requested materials and newsletters, as well as information and materials regarding our products and services.

•    To send administrative information to you, for example, information regarding the YRS Sites and changes to our terms, conditions, and policies.

•    To send you marketing communications, including via email and SMS in compliance with applicable laws and in accordance with your preferences, that we believe may be of interest to you.

•    To personalize your experience on the YRS Sites.

•    For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying the YRS Sites and our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities.

•    As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

If you are resident in or a visitor from the EEA, our legal basis for collecting and using the information and personal information described in this Privacy Statement will depend on the information or personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you where we need the personal information to perform a contract with you, where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms, or where we have your consent to do so. Typically, our legitimate interests include: (i) providing, improving and personalizing the YRS Sites and Services; (ii) managing our relationship with you; and (iii) conducting our marketing activities. In some cases, we may also have a legal obligation to collect personal information from you.

Additional Information About How YRS Shares Your Personal Information

We do not rent or sell personal information.

We may disclose personal information to third parties to assist us in performing the Services, including payment processing for any applicable fees associated with an event or transaction. These third parties have access to the information you submit only to perform these tasks on our behalf.

Public Forums and Customer Testimonials

YRS may provide bulletin boards, blogs or chat rooms on YRS Sites. Due to the nature of the Internet, any information or personal information you choose to submit in such a forum may be read, collected or used by others who visit these forums, and may be used to send you unsolicited messages. YRS is not responsible for any information or personal information you choose to submit in these public forums.

YRS may post a list of clients and testimonials on YRS Sites that contain information such as client names and titles. In such cases, YRS obtains the consent of each such person prior to posting any information on such a list or posting testimonials.

Information We Share

Service Providers

As described above, YRS may share your personal information with contracted service providers so that these service providers can provide services on our behalf. YRS does not share, sell, rent or trade any personal information to or with third parties for their promotional or marketing purposes.

YRS Parent and Affiliates

YRS may share your personal information with the parent or affiliates of YRS for the purpose of any necessary collaboration.

YRS Successor

YRS may share your personal information with 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 YRS’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by YRS about our Visitors is among the assets transferred.

Compelled Disclosure

YRS reserves the right to use or disclose information and personal information provided on the YRS Sites if required by law or if YRS reasonably believes that such use or disclosure is necessary to protect YRS’s rights and/or to comply with a judicial proceeding, court order or legal process.

International Transfer of Information

YRS may store, transfer and access the information and personal information you submit on the YRS Sites around the world, including the United States, Canada and other countries in which YRS has operations.

If you are using the YRS Sites or Service from outside the United States, please be aware that your information may be transferred to, stored, and processed by YRS in our facilities in the United States and other locations where we have offices. These countries may have data protection laws that are different to the laws of your country. This Privacy Statement shall apply even if YRS transfers such information or personal information to other countries. By contacting us through our web form or providing information or personal information to us on any YRS Sites in any other context, you consent to the transfer of your information and personal information among these facilities, including those located outside your home country.

If you are located in the EEA, we will comply with applicable legal requirements and have taken appropriate safeguards to require that your personal information remains protected in accordance with this Notice in relation to the transfer of personal information outside of the EEA. In all such cases, we will only transfer your personal information if:

•    The country to which the personal information will be transferred has been recognized as offering an ‘adequate’ level of protection by the European Commission;

•    The recipient of the personal information is located in the U.S. and has certified to the EU-U.S. and/or Swiss-U.S. Privacy Shield Framework(s), as the case may be; or

•    We have put in place appropriate safeguards with respect to the transfer of data, for example by implementing the European Commission’s Standard Contractual Clauses for transfers of personal information (the “EU Model Clauses”).

In relation to transfers of information between our group companies, we have implemented the EU Model Clauses, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection law.

You may request a copy of the safeguards that we have put in place in respect of transfers of personal information by contacting us  using one of the methods listed below.

Communications Preferences

YRS offers Visitors who provide contact information a means to choose how YRS uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of YRS’s marketing emails. Additionally, you may specify your communications preferences using one of the methods listed below. YRS Clients cannot opt out of receiving transactional emails related to their account with YRS or the Services.

Children Under the Age of 16

YRS Sites are not intended for children under 16 years of age. No one under age 16 may provide any information to, or on, any YRS Sites. We do not knowingly collect personal information from children under 16, nor do we sell the personal information of children under 16. If you are under 16, do not use any YRS Sites, and do not provide any information via any YRS Sites. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that data. If you believe any YRS Sites may have collected personal information from or about a child under 16, please contact our Legal Department at (800) 475-7649.

Data Retention

YRS retains the personal information we receive on the YRS Sites for the duration of your relationship with YRS, and where we have an ongoing legitimate business need to do so (for example, to comply with applicable legal, tax or accounting requirements, to enforce our agreements or comply with our legal obligations). Retention periods may be extended if we are required to preserve your personal information because of litigation, investigations and other similar proceedings, or if a longer retention period is required or permitted by applicable law.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize such data. If this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Security

YRS is committed to protecting the security of any personal information you provide to us.  YRS uses appropriate administrative, technical, and physical security measures to protect any such information you submit. Despite these protections, no electronic transmission over the Internet or information storage technology can be guaranteed to be completely secure, so you should take appropriate precautions before deciding what information you send us in this way.

Changes to this Privacy Statement

YRS reserves the right to change this Privacy Statement from time to time. Your continued use of any YRS Sites after we make changes is deemed to be acceptance of those changes, so please check this Privacy Statement periodically for updates.  If we make a material change in the way we use or share your personal information, we will provide notice that our policy has changed on this site.

Accessibility Policy

YRS is committed to ensuring that our communications, including our website, are accessible to people with disabilities.  This website is designed to meet content accessibility guidelines.  To make accessibility-related requests or report barriers, please contact us by using one of the methods listed below.   

Contact Us to Provide Privacy Statement Feedback

If you have any questions about this Privacy Statement, or you would like to exercise any of your rights, please let us know by contacting us using any of the methods below:

By phone at: +1 (800) 470-9344
By web form: Privacy Feedback
•    To send a message to our Data Protection Officer, please select “DPO Inquiry” under “Subject.”