YARDI ASPIRE - TERMS OF USE | PRIVACY STATEMENT

TERMS OF USE
Welcome to Yardi Aspire! This eLearning website (“Yardi Aspire” or “Site”) is brought to you by Yardi Systems, Inc. (and its subsidiaries and affiliated entities) (collectively “Yardi”). The information, software, services, tools, templates, reports, and all other material available to you on and through Yardi Aspire (“Content”).

PLEASE READ THESE TERMS OF USE (“TERMS” OR “TERMS OF USE”) CAREFULLY BEFORE USING YARDI ASPIRE. YARDI PROVIDES YOU ACCESS TO AND USE OF THIS SITE SUBJECT TO THESE TERMS OF USE. IF YOU ARE NOT AN AUTHORIZED USER (AS DESCRIBED BELOW), OR IF YOU ARE AN AUTHORIZED USER BUT YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE YARDI ASPIRE.

If you have received a URL taking you to this Site, Yardi or an Authorized Licensee (defined below,) have arranged for your limited access to and Use of Yardi Aspire. If, you have problems accessing Yardi Aspire, please contact the System Administrator for assistance.

As used in these Terms, (i) “Authorized Licensee” means a licensee of Yardi’s technology and services pursuant to an Authorized Agreement with Yardi; (ii) “Authorized Agreement” means the written agreement between Yardi and an Authorized Licensee related to Yardi technology, content, and services; (iii) “Authorized User,“ “You” or “Your” means an individual authorized by Yardi or an Authorized Licensee to access and use Yardi Aspire solely for educational purposes; (iv) “Client” means the entity entering into an Authorized Agreement, inclusive of Authorized Users; and (iv) “Use” means accessing, viewing, capturing, utilizing, or downloading Content, inclusive of webinar registration URLs, from Yardi Aspire by an Authorized User. By Using this Site, You are: (1) representing and warranting that You are an Authorized User and are authorized to access and Use Yardi Aspire, and (2) agreeing to be bound by these Terms. If You are not an Authorized User, or if You are an Authorized User but You do not agree to be bound, without limitation or qualification, by these Terms, You are not authorized to access this Site or Yardi Aspire.

Yardi may, in its sole discretion, modify these Terms of Use at any time by updating this page. By continuing to access or Use Yardi Aspire following any such modification, You accept and agree to be bound by any such modification. You are accordingly advised to periodically check this page for modifications to these Terms. Your access to and Use of Yardi Aspire is subject to additional guidelines, disclaimers and caveats that may appear throughout the Yardi Aspire platform (“Yardi Aspire Guidelines”) which are incorporated into these Terms by this reference.

PASSWORDS AND SECURITY
Access and Use of Yardi Aspire require that You utilize a unique login credential and password (together, “Credential”) that is associated with a unique, password-protected User account, or Your organization may have provided automated user account setup and access for You via Single Sign On or YardiOne. In such case, You and/or the Authorized Licensee agree to: (a) provide true, accurate, current, and complete information; and (b) maintain an update such information to keep it true, accurate, current, and complete at all times.

Yardi reserves the right to delete Your account for any reason and without notice, including, but not limited to, if You misrepresent any of the information You submitted, at the request of Your organization or the respective Authorized Licensee, or due to Your misuse of the Site.

You are responsible for maintaining the confidentiality of Your Credential and agree not to disclose or share Your Credential with any third parties, or use Your Credential and Yardi Aspire for any purpose other than approved Uses herein. In other words, do not forward your password or share access to this platform with others. You agree to (i) immediately notify Yardi of any unauthorized use of Your Credential or account, or any other breach of security, and (ii) ensure that You exit from Your account at the end of each access session. You are liable for any loss or damage arising from Your failure to comply with this section.

YARDI ASPIRE CONTENT
Subject to these Terms of Use, Yardi grants You a non-exclusive, fully revocable, non-transferable, limited license to access and Use Yardi Aspire solely for non-commercial Use of the Content. The Yardi Aspire Content is protected by copyright, trademark, trade secret and other intellectual property laws. No part of any Yardi Aspire Content may be disclosed or reproduced in any form by any means outside of Yardi Aspire without Yardi’s prior written authorization. Except where expressly authorized by Yardi Aspire guidelines, Yardi Aspire Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way outside of Yardi Aspire without Yardi’s prior, express, written permission. As described above, Yardi Aspire does include functionality such as the My Activity report, Course and Site Map print features, where an Authorized User can copy and download information, including personal notes, for study purposes. Any such copying or downloading is for noncommercial, educational or internal record keeping purposes only.

Yardi retains all right, title, and interest in any modifications made by You or Authorized Users to Yardi Aspire content. In addition, You assign all right title and interest in any ideas, suggestions, content, documents, and/or proposals submitted (“Contributions”) to Yardi through its suggestion or feedback web pages, surveys, or otherwise. You acknowledge and agree that: (a) Your Contributions do not contain confidential or proprietary information; (b) Yardi is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Yardi shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Yardi may have something similar to the Contributions already under consideration or in development; (e) You assign Your Contributions to Yardi without any obligation of Yardi to You; and (f) You are not entitled to any compensation or reimbursement of any kind from Yardi under any circumstances.

You must abide by all notices, agreements, information, or restrictions contained in, attached to, or in any way associated with any Yardi Aspire Content. Yardi® is a registered Yardi trademark, and Yardi’s logo and product names are Yardi trademarks. You agree not to display or use in any manner Yardi’s trademarks without Yardi’s prior, express, written permission. Yardi Aspire Content contains proprietary information including software processes, algorithms, and data models which are confidential information of Yardi, and constitutes trade secrets, and which are intended for utilization solely in connection with Your authorized Use of Yardi Aspire. You may not Use Yardi Aspire Content to compete with Yardi and You may not disclose it to a Yardi competitor. Any download or copy of Yardi Aspire Content must contain copyright notices that accompany such Yardi Aspire Content.

You acknowledge and agree that Yardi owns all rights, title and interest to the Yardi Aspire Site and Yardi Aspire Content, including, without limitation, all intellectual property rights. At no time will ownership rights be transferred to an Authorized Licensee or Authorized User.

YARDI eSIGNATURE
If Client chooses to use Yardi’s electronic signature functionality in Yardi Aspire, Client understands, acknowledges and agrees that the disclosure for and consent to use an electronic signature language provided by Yardi is provided “as is” and that Yardi makes no warranty or other representation with respect to the applicable state and federal law. Client further understands, acknowledges and agrees that Client has carefully reviewed the disclosure relating to use of its electronic signature to execute a contract and will not execute a contract with its electronic signature without providing its consent to use its electronic signature. Client agrees that (i) it will rely on its own legal counsel to determine the sufficiency of the disclosure and consent, the sufficiency of the electronic signature execution of the contract, and the contract’s enforceability and (ii) that Yardi makes no warranty or other representation with respect to the sufficiency of the disclosure and consent, sufficiency of the electronic signature execution of any contract, and the contract’s enforceability under applicable state and federal law.

Restrictions on Use
eSignature documents cannot include sensitive Personally Identifiable Information (i.e. social security numbers, dates of birth, etc.). The eSignature feature is for internal non-commercial purposes.

Client assumes all responsibility and risk for:

the handling and distribution of electronic signature documents;
making independent and regular back-ups of all electronically signed documents outside of the Yardi Aspire environment;
controlling Media Permissions and corresponding access to all documents uploaded, whether signed electronically or not; and,
any information or documents uploaded into Yardi Aspire by its Authorized Users.

Yardi disclaims all responsibility thereof.

PROHIBITED ACTIVITIES
Client assumes all responsibility for any information uploaded into Yardi Aspire by its Authorized Users. You are prohibited from transmitting through, uploading, or posting on Yardi Aspire (e.g. on platform chat and Class Discussion portions of the Site) any disparaging, unlawful, profane, hateful, harmful, threatening, abusive, harassing, obscene, vulgar, defamatory, racially, ethnically or otherwise objectionable material of any kind, including without limitation any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law. Yardi may remove of any such material immediately without notice, and all determinations regarding the removal of such material shall be made in Yardi’s sole discretion. You agree that You will not access and use Yardi Aspire for chain letters, junk mail, “spamming,” or commercial activities of any kind, unless specifically and expressly permitted by Yardi.

You shall not (and shall not allow any third party to): (a) access or use any portion of Yardi Aspire if You are a direct or indirect competitor of Yardi; (b) provide, disclose, or transmit any content from Yardi Aspire to any direct or indirect competitor of Yardi; or (c) use or distribute any information from Yardi Aspire, including information that You or anyone else has verified, to directly or indirectly create or contribute to the development of any product.

You additionally agree, without limitation, not to:

Operate any device, software or routine to interfere or attempt to interfere with the proper working of Yardi Aspire or any activity being conducted on or provided through Yardi Aspire;
Access or use Yardi Aspire by any means other than through the Yardi-provided user interface for accessing or using Yardi Aspire;
Use or attempt to use [other than generally-available, standard third party web browsers (e.g., Google Chrome or Microsoft Edge)] any engine, software, tool, agent or other device or mechanism (including without limitation web crawlers, scrapers, browsers, spiders, robots, avatars or intelligent agents) to intercept, navigate, search, collect or download information from Yardi Aspire other than the navigation engine and search agents available from Yardi on Yardi Aspire;
Engage in “screen scraping” or “database scraping” to obtain lists of Internet keywords, URLs, users, client, affiliates, or other information;
Attempt to decipher, decompile, disassemble or reverse engineer any Yardi software or other Content;
Record and distribute recordings of Yardi Aspire Content; and,
Permit unauthorized users to register for or access Aspire URLs or webinars.

Yardi reserves the right to delete Your account for any reason and without notice, including, but not limited to, if You misrepresent any of the information You submit, or at the request of Your organization.

You agree to not violate Yardi Aspire security including, without limitation, (a) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (b) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to Yardi Aspire, overloading, “flooding,” “spamming,” “mailbombing,” “crashing,” or other denial-of-service or other attack, (c) sending unsolicited e-mail, including promotions and/or advertising of products or services, to any email address related to Yardi Aspire, or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. You agree and acknowledge that violations of Yardi Aspire’s security may result in civil or criminal liability.

WARRANTIES DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

ALTHOUGH YARDI HAS ATTEMPTED TO ENSURE THE ACCURACY AND QUALITY OF THE YARDI ASPIRE CONTENT, YARDI ASPIRE AND THE YARDI ASPIRE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YARDI EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES WITH RESPECT TO YARDI ASPIRE AND THE YARDI ASPIRE CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
YARDI MAKES NO WARRANTY THAT (i) YARDI ASPIRE WILL MEET YOUR REQUIREMENTS, (ii) YARDI ASPIRE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT THE YARDI ASPIRE CONTENT WILL BE ACCURATE, CURRENT, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE ACCESS OR USE OF YARDI ASPIRE OR THE YARDI ASPIRE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY YARDI ASPIRE CONTENT YOU OBTAIN FROM YARDI ASPIRE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN YARDI ASPIRE, OR IN ANY YARDI ASPIRE CONTENT, WILL BE CORRECTED.

LIMIATION OF LIABILITY
YARDI’S LIABILITY TO YOU IS LIMITED. YOU EXPRESSLY AGREE THAT YARDI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF YARDI ASPIRE OR ANY CONTENT. TO THE EXTENT PERMISSIBLE BY LAW, YOU WAIVE, RELEASE, AND HOLD HARMLESS YARDI FROM ALL CLAIMS, REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

INDEMNITY
You will indemnify, defend and hold Yardi and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “Yardi Entities”) harmless from and against any claims, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly arising out of or in any way relating to: (iii) Your access and use of Yardi Aspire; (ii) any violation or breach of these Terms; or (iii) any violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any party as a result of Your use of Yardi Aspire, (collectively, the “Claims”). You are solely responsible for defending any Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the Yardi Entities. Yardi shall have the right, in its sole discretion, to select its own legal counsel to defend Yardi from any Claims (but by doing so shall not excuse Your defense and indemnity obligations). You shall notify Yardi immediately if You become aware of any actual or potential Claims. You shall not, without the prior written approval of Yardi, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for Yardi.

OBLIGATIONS
You acknowledge and agree that Yardi owns all rights, title and interest in the Service and the website, including, without limitation, all intellectual property rights. You acknowledge and agree that the Service and the website contain proprietary and confidential information and trade secrets including, but not limited to text, graphics, logos, images, software, and icons, that are protected by the United States and international intellectual property laws and applicable laws.

TERMINATION
You agree that Yardi, in our sole discretion and with or without notice, may terminate Your Use of the Site or any part thereof, or any or all of the Content, for any reason, including without limitation, for lack of use by You or if Yardi believes that You have violated or acted inconsistently with the letter or spirit of the Terms. Yardi may also in its sole discretion and at any time discontinue providing the Content, or any part thereof, or any or all of the Content with or without notice. You agree that any termination of Your access to the Site under any provision of the Terms may be affected without prior notice, and acknowledge and agree that Yardi may immediately bar any further access to the Site. Further, You agree that Yardi shall not be liable to You or any third party for any termination of Your access to the Site or the Services.

Upon termination of Client’s Yardi Aspire license, Yardi will not back up Client information uploaded or input into its Yardi Aspire environment. Client assumes all responsibility for loss of any information that it did not retrieve from Yardi aspire prior to termination.

GENERAL INFORMATION
You may not assign or transfer this agreement (Your right to access and Use Yardi Aspire under these Terms), in whole or in part, without the prior written consent of Yardi. Any attempted assignment in violation of these Terms will be null and void and of no force or effect. Yardi may assign this agreement freely at any time without notice. Subject to the foregoing, these Terms will bind and inure to the benefit of each party’s permitted successors and assigns. These Terms and the relationship between You and Yardi shall be governed by the laws of the United States and the State of California as such laws are applied to agreements entered into, and performed, entirely within the State of California. Any action or proceeding related to or arising out of these Terms shall be resolved only in a court of competent jurisdiction in the City of Santa Barbara, State of California (or the court of competent jurisdiction closest to the City of Santa Barbara, CA if no court of competent jurisdiction resides in the City of Santa Barbara, CA), and the parties consent to the personal jurisdiction of such courts and expressly waive any right they may otherwise have to cause any such action or proceeding to be brought or tried elsewhere. Yardi’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any Terms provision is found by a court of competent jurisdiction to be unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and these Terms shall otherwise remain in full effect. The section titles in these Terms are for convenience only and have no legal or contractual effect.

YARDI’S RIGHTS
You acknowledge that Yardi has the right to investigate and prosecute violations of these Terms, including intellectual property, publicity and privacy rights infringement and Site security issues, to the fullest extent of the law. Yardi may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Yardi has no obligation to monitor Your access to or use of the Site or the Services, but has the right to do so for the purpose of operating the Site, to ensure Your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

You acknowledge, consent and agree that Yardi may access, preserve and disclose Your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of use; (c) respond to claims that Your submitted information violates the rights of third parties; (d) respond to Your requests for customer service; or (e) protect the rights, property or personal safety of Yardi, its users and the public.

MODIFICATIONS
Yardi may modify or update this Agreement from time to time, in its sole discretion, and reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, Yardi Aspire (or any part thereof) or any or all of the Services, or any feature thereof, with or without notice and without liability to You. You agree that Yardi has no responsibility or liability for the failure of Yardi Aspire and the deletion of other content maintained or transmitted by Yardi Aspire. You further agree that Yardi shall not be liable to You or to any third party for any modification, suspension or discontinuance of Yardi Aspire. Modifications to this Agreement, including, but not limited to, any Yardi Requirements, will be posted on the relevant area of Yardi Aspire and will be effective immediately upon posting. You can review the most current version of the Terms at any time by accessing them through Yardi Aspire. You agree to review the Terms from time to time to ensure You are updated as to any modifications. By continuing to use Yardi Aspire or Services following any such modification, You accept and agree to be bound by such modifications. IF ANY MODIFICATION IS NOT ACCEPTABLE TO YOU, YOUR SOLE AND EXCLUSIVE REMEDY AND RECOURSE IS TO DISCONTINUE USE OF YARDI ASPIRE.

PRIVACY STATEMENT
Yardi Systems, Inc. and its affiliated entities (“Yardi”) is committed to protecting the privacy of individuals and achieving and maintaining the trust of our clients (“Yardi Clients” or “Clients”) and other users of and visitors to Yardi 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 products and services offered by Yardi (“Yardi Services” or “Services”), including data stored by Yardi 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 www.Yardi.com and associated Yardi microsites, with the exception of Yardi’s Internet Listing Service (ILS) websites (collectively, the “Yardi Sites”). This Privacy Statement covers information we collect from individuals who visit the Yardi Sites and/or attend Yardi conferences and events, or interact with us in other ways, such as by visiting our offices (“Yardi Events”). When we collect personal information on the Yardi Sites and at the Yardi Events, certain additional disclosures that are specific to the context of our collection and use of the information being collected (e.g. an event or seminar registration page), may be provided to you. For the avoidance of any doubt, we will adhere to those commitments and any such additional privacy policy statements are hereby incorporated into this Privacy Statement.

IMPORTANT: THIS PRIVACY NOTICE DOES NOT APPLY TO CLIENT DATA. Yardi’s confidentiality/privacy and other obligations with respect to its Services, and Client Data (which is data collected and controlled by Yardi Clients as part of Yardi’s cloud services), are governed solely by the agreements under which the Services are provided to our Clients. The traditional licensees of Yardi Services are residential and commercial real estate property owners and property managers (again, collectively, as used in this Privacy Notice, “Yardi Clients” or “Clients”). Yardi generally has no direct relationship with the individuals to whom our Clients’ Client Data may pertain; Yardi merely hosts or processes such data on behalf of our Clients.

If you have any questions about the data practices of a Yardi Client that uses Yardi Services to process your personal information, please contact the Yardi Client directly. To reach out to your property manager, simply look up your apartment community on RentCafe – first choose your city and you’ll then have the option to perform a search by property name. Once you’ve found your apartment community, you will see helpful information listed (phone no. included) that you can use to contact your property manager.

Web Sites Not Covered

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

The Yardi 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. Yardi 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. Yardi is a data processor and not a data controller under GDPR with respect to Client Data. Yardi 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 Yardi Service by or on behalf of a Yardi Client, or was otherwise collected by a Yardi Service on behalf of a Yardi Client, and you wish to exercise any rights you may have to access, correct, amend or delete such Client Data, please inquire with the Yardi Client directly. If an authorized Yardi Client requests that we update or remove the data in question and the Client has no ability to do so via use of the Services, we will acknowledge their request within 30 days.

California Consumer Privacy 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 Yardi collects and maintains Yardi maintains on behalf of Yardi clients, as a service provider to those Yardi clients. As a result, Yardi 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 Yardi 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 Yardi 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 the Privacy Feedback form. 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 Yardi 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, call us at +1 (805) 699-2040, or contact us using our Privacy Feedback form. 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

Yardi 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:
- The categories of sources from which we collected the personal information
- The business or commercial purposes for which we collected the personal information
- The categories of third parties with which we shared the information
The specific pieces of information we collected about you

Yardi 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 Yardi Sites, Yardi 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

Yardi 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, Yardi 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 Yardi Will Respond to a Request to Exercise Your Rights

For individual rights requests covered by the CCPA, Yardi 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, Yardi 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, Yardi 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 Yardi 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.

How to Make a Request to Exercise Your Rights

To exercise any of the rights above, or to ask a question, contact us at (800) 866-1124, using our Privacy Feedback form.

Your California Privacy Rights Regarding Direct Marketing

As stated elsewhere in this Privacy Statement, and in accordance with California Civil Code section 1798.83, Yardi does not disclose personal information collected on the Yardi 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: Yardi Sites and Events 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 creating an account, participating in a survey, making a purchase, expressing an interest in obtaining additional information about Yardi or our Services, subscribing to marketing or otherwise contacting us, Yardi collects personal information from you. We may also collect information from you in person at a tradeshow or event or via a phone call with one of our sales representatives.

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, source/campaign); and
any information you choose to provide to us when completing any ‘free text’ boxes in our forms (for example, for event sign-up or bot interaction).

Information we collect automatically: When using a Yardi 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 Yardi 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 Yardi 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 Yardi 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 Yardi Sites by presenting products and offers tailored to you.
For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving or modifying the Yardi 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 Yardi 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 Yardi 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. We may also disclose personal information to Clients or Visitors attending the same course or Event, who may see your profile details, such as name, job title, organization, country, photos, activity and history, and comments, unless you set your profile to incognito mode in your account settings. For clarity, if your profile is set to incognito mode and you submit comments or reactions, such comments and reactions will be attributed to you.

Employment/Job Applicant Personal Information

Yardi, like all organizations, is a data controller of its employees’ personal information that is processed as part of its human resources operations. If you are a Visitor located in the EEA, Yardi Systems, B.V., is the data controller for any personal information collected on the Yardi Sites. For additional information about Yardi’s privacy practices relating to individuals who apply for a job at Yardi, please visit our Yardi Careers Privacy Notice (which is hereby incorporated by reference).

Public Forums and Customer Testimonials

Yardi may provide bulletin boards, blogs or chat rooms on Yardi 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. Yardi is not responsible for any information or personal information you choose to submit in these public forums.

Yardi may post a list of clients and testimonials on Yardi Sites that contain information such as client names and titles. In such cases, Yardi 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, Yardi may share your personal information with contracted service providers so that these service providers can provide services on our behalf. Yardi does not share, sell, rent or trade any personal information to or with third parties for their promotional or marketing purposes.

Yardi Affiliates

Yardi may share your personal information with affiliates of Yardi for the purpose of any necessary collaboration. For example, Yardi may need to share your information with an affiliate for job application and employment purposes.

Yardi Successor

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

Compelled Disclosure

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

International Transfer of Information

To facilitate Yardi’s global operations, Yardi may store, transfer and access the information and personal information you submit on the Yardi Sites around the world, including the United States, Canada and other countries in which Yardi or its third party service providers have operations.

If you are using the Yardi Sites or Service from outside the United States, please be aware that your information may be transferred to, stored, and processed by Yardi in our facilities and by those third parties with whom we may share your personal information, 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 Yardi transfers such information or personal information to other countries. By registering to attend an event, contacting us through our web form or providing information or personal information to us on any Yardi 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 as described in the Contacting Us section below.

Privacy Shield
Yardi has certified its compliance with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce with respect to personal information concerning individuals from the EEA, UK and Switzerland. Please see our Privacy Shield Notice to learn more.

If there is any conflict between the terms in this Privacy Shield Notice and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

Communications Preferences

Yardi offers Visitors who provide contact information a means to choose how Yardi 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 Yardi’s marketing emails. Additionally, you may specify your communications preferences using our Privacy Feedback form. Yardi Clients cannot opt out of receiving transactional emails related to their account with Yardi or the Services.

Children Under the Age of 16

Yardi Sites are not intended for children under 16 years of age. No one under age 16 may provide any information to, or on, any Yardi 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 Yardi Sites, and do not provide any information via any Yardi 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 Yardi Sites may have collected personal information from or about a child under 16, please contact our Legal Department at +1 (805) 699-2040.

Data Retention

Yardi retains the personal information we receive on the Yardi Sites for the duration of your relationship with Yardi, 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.

COPYRIGHT POLICY

Reporting Copyright Infringement Claims

Yardi respects the intellectual property of others, and we ask our users, property managers, owners, and commercial brokers to do the same. Yardi has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”).

If a third party believes that its work has been copied in a way that constitutes copyright infringement, or its intellectual property rights have been otherwise violated, it should provide the designated agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) a description of the copyrighted work or other intellectual property that it claims has been infringed; (iii) a description of where the material that it claims is infringing is located on the Yardi Site; (iv) its address, telephone number, and email address; (v) a statement that it has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made under penalty of perjury, that the above information in your notice is accurate and that it is the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

DMCA Notices should be sent to our designated copyright agent via Web Form or via mail:

Attn: DMCA Agent – Legal Department
Yardi Systems, Inc.
430 S. Fairview Avenue
Santa Barbara CA 93117

Repeat Infringers

It is Yardi’s policy, in appropriate circumstances, to terminate the accounts of parties who are repeat infringers or are repeatedly charged with infringement.

Security

Yardi is committed to protecting the security of any personal information you provide to us. Yardi 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

Yardi reserves the right to change this Privacy Statement from time to time. Your continued use of any Yardi 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

Yardi 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 at (800) 866-1124 or contact us using our Privacy Feedback form.

Contacting Us

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: +1 (805) 699-2040 / 1 (800) 866-1124
By web form: Privacy Feedback
In writing at: Attention – Privacy Manager, 430 S. Fairview, Santa Barbara, CA 93117, USA

Last Updated: October 27, 2023