Privacy Policy

Summary

The following 25 Water Street Privacy Policy (“Privacy Policy”) sets forth our policy with respect to the collection, storage and use of your personal information and other information that we collect from you when you: (a) access and/or use the 25 Water Street website located at www.somanyc.com (the “Site”); and/or (b) download, attempt to download and/or use the 25 Water Street mobile application (the “App”).  The 25 Water Street Offerings (as defined below) are owned and operated by GFP Real Estate LLC and MetroLoft Management LLC (collectively, “Company,” “we,” “our” or “us”).  

Capitalized terms not defined herein shall have the meaning set forth in the 25 Water Street Website Terms and Conditions and Mobile Application End-User License Agreement (“Terms and Conditions”).  

Background

This Privacy Policy covers our treatment of personal information and other information that we collect when an end-user visitor to the Site (“User,” “you” or “your”): (a) accesses and/or uses the Site; (b) downloads, attempts to download and/or uses the App and associated Software (as defined below), as made available on the iPhone® and iPad®, as well as Android® and other mobile devices (collectively, “Mobile Devices”), by and through the Apple® App Store, the Google Play® store, and other applicable venues (collectively, “Download Venues”); (c) accesses certain text, images, video, audio and other content and information relating to the 25 Water Street Offerings as made available by: (i) Company (collectively, “Company Content”); and/or (ii) third-party content providers (“Third-Party Content”,” and together with the Company Content, the “Content”); (d) registers for an account (“Account”) as a resident of the building located at 25 Water Street (the “Building”) and an end-user of the App and/or Site (“User”), which enables Users to: (i) access interactive areas of the App and Site, such as comment sections and message boards, that enable Users to interact with other building residents, Users and Company personnel (“Interactive Services””); (ii) book amenities services offered by the Building (“Amenities Booking Services”); (iii) submit maintenance requests for apartments in the Building (“Maintenance Request Services”); (iv) complete and submit an application for a rental property in the Building (“Rental Application Services”); and (v) pay rent for apartments in the Building (the “Rent Payment Services,” and together with the Site, App, Content, Interactive Services, Amenities Booking Services, Maintenance Request Services and Rental Application Services, the “25 Water Street Offerings”); and/or (e) otherwise affirmatively consents to this Privacy Policy and/or the Agreement.

Apple®, iPhone® and iPad® are registered trademarks of Apple, Inc. (“Apple”).  Android®, Google® and Google Play® are registered trademarks of Google, Inc. (“Google”).  Please be advised that Company is not in any way affiliated with Apple or Google, and the 25 Water Street Offerings are not endorsed, administered or sponsored by Apple or Google. 

IF YOU DO NOT AGREE TO TERMS OF THIS PRIVACY POLICY, IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR OTHERWISE USE THE 25 WATER STREET OFFERINGS.

Your California Privacy Rights 

Company will never share, sell, rent, exchange or barter your “personal information” (as defined in the Shine the Light Law, Cal. Civ. Code § 1798.83) to or with any third-party for financial gain or marketing purposes.  Nevertheless, we may, in certain limited instances, share your personal information with third parties who perform administrative functions on our behalf. 

If you are a resident of the State of California and would like to learn how your personal information is shared with third parties, what categories of personal information that we have 

Legal Basis

We collect Personal Data that you provide to us: (a) to fulfill your request for customer service and/or to receive additional information; (b) to process your request in connection with the Amenities Booking Services, Maintenance Request Services and/or Rent Payment Services; and/or (c) for the purpose of handling the contractual relationship that you have with Company.  We only use and store your Personal Data if we have a legal basis for doing so, including where you have given us your express consent, where we have a legitimate business interest, or pursuant to the contractual relationship that exists between you and Company. 

Personal Information Collected

In connection with obtaining access to the 25 Water Street Offerings and/or otherwise completing the Site/App registration process, Company will collect the following information: (a) full name; (b) e-mail address; (c) mailing address; (d) telephone number; (e) credit card information, debit card information and/or bank account information (where you wish to utilize the Rent Payment Services); and/or (f) any other information requested by Company on the applicable form.

For purposes of this Privacy Policy, item (e) in the preceding paragraph will be considered “Sensitive Information.”

Further, in order to submit an Application for a rental property in the Building via the Rental Application Services, Company may collect some or all of the following information about that prospective User: (i) full name of the User and any other individuals that will reside in the rental property (collectively, “Co-Inhabitants”); (ii) e-mail addresses of the User and each Co-Inhabitant; (iii) current home address of the User, as well as any other home addresses of the User during the previous twenty-four (24) months (“Prior Addresses”); (iv) the name, telephone number, email address, fax number of all landlords associated with the Prior Addresses; (v) the rent paid, and move-in and move-out dates of all Prior Addresses; (vi) the telephone numbers of the User and each Co-Inhabitant; (vii) the User’s date of birth; (viii) the User’s Social Security Number; (ix) the User’s sources of income, job title, annual income, and the name, telephone number, mailing address and email address of the User’s current employer; (x) the name, age, type, breed type, weight, color and age of any pets that the User will prospectively reside at the subject rental property; (xi) the year, make, model, color and license plate number/state for each vehicle that the User will prospectively park at the subject rental property; (xii) one of the following for the User: (A) government issued identification such as military identification, driver’s license or passport; (B) age of majority card; (C) birth certificate; or (D) Social Security card; and/or (f) any other information requested by Company on the applicable Application (collectively, “Rental Application Registration Data”).

For purposes of this Privacy Policy, the Rental Application Registration Data will be considered “Sensitive Information.”

Use of Personal Information

Company will never share, sell, rent, exchange or barter your personal information to or with any third party for financial gain or marketing purposes.  By making that personal information available to Company, you grant Company the right, subject to applicable law, to use that personal information to contact you regarding your use of the 25 Water Street Offerings and/or other Company products and/or services that we think may be of interest to you.  If you wish to stop receiving future communications from us, please follow the instructions at the end of each such e-mail message or see the “Opt-Out/Unsubscribe” section below.

Where you submit personal information, we use the personal information that you make available to personalize your experience with the Site and to facilitate the provision of applicable 25 Water Street Offerings to you, including in connection with customer service and to otherwise respond to any inquiries made by you.  You also agree that we may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your continued use of the 25 Water Street Offerings.    

We may also employ other companies and individuals to perform certain functions on our behalf.  In particular, all Applications submitted via the Rental Application Services are submitted to Company’s third-party Application screening service, On-Site.com. Other examples include assisting in the provision of the 25 Water Street Offerings, sending direct and electronic mail, removing duplicate information from User lists, analyzing data and providing marketing analysis.  The agents performing these limited functions on our behalf (including On-Site.com) shall have access to our Users’ personal information (including, where necessary, Sensitive Information) solely as needed to perform these functions for us, but we do not permit them to use User personal information for other purposes.

We may also use your personal information for internal business purposes, such as analyzing and managing our service offerings including, without limitation, the 25 Water Street Offerings.  We may also combine the information we have gathered about you with information from other sources.    

By submitting your personal information by and through the 25 Water Street Offerings, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR §310 et seq.), as amended from time to time (the “Rule”) and applicable state do-not-call regulations.  As such, notwithstanding that your telephone number may be listed on the Federal Trade Commission’s Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and applicable state do-not-call regulations.

Where you provide “prior express consent” within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (“TCPA”), you consent to receive telephone calls from Company (including SMS text messages) delivered via automated technology, to the telephone number(s) that you provided.  Please note that you are not required to provide consent under the TCPA in order to obtain access to the 25 Water Street Offerings, and your consent simply allows Company to contact you via these means.  Please be advised that by agreeing to this Privacy Policy, you are obligated to immediately inform us if and when the telephone number that you have previously provided to us changes.  Without limiting the foregoing, if you: (a) have your telephone number reassigned to another person or entity; (b) give up your telephone number so that it is no longer used by you; (c) port your telephone number to a landline or vice versa; or (d) otherwise stop using that telephone number for any reason (collectively “Phone Number Change”), you agree that you shall promptly notify Company of the Phone Number Change via e-mail at: jbruncaj@gfpre.com, or by using one of the methods set forth in the “Contact Us” section below.

We reserve the right to release current or past personal information (including Sensitive Information): (i) in the event that we believe that the 25 Water Street Offerings are being or have been used in violation of any Site-related agreement or to commit unlawful acts; (ii) if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any personal information pursuant to a subpoena; (iii) if we are sold, merge with a third-party or are acquired by a third-party (collectively, “M&A Transactions”) (including where we share your personal information in connection with the due diligence process associated with a potential M&A Transaction); or (iv) if we are the subject of bankruptcy proceedings; provided, however, that if Company is involved in a bankruptcy proceeding, merger, acquisition or sale of all or a portion of its assets, you will be notified via e-mail and/or a prominent notice on the Site of any change in ownership or uses of your personal information, as well as any choices that you may have regarding your personal information.  

You hereby consent to the disclosure of any record or communication to any third-party when we, in our sole discretion, determine the disclosure to be required by applicable law, including sharing your e-mail address with third-parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and other e-mail marketing laws.  Users should also be aware that courts of equity, such as U.S. Bankruptcy Courts, might have the authority under certain circumstances to permit personal information to be shared or transferred to third-parties without permission.  

Non-Personal Information Collection and Use

IP Addresses/Browser Type

We may collect certain non-personally identifiable information about you and your desktop computer and/or mobile device when you visit many of the pages of the Site.  This non-personally identifiable information includes, without limitation, the type of browser that you use (e.g., Safari, Chrome, Internet Explorer), your IP address, the type of operating system that you use (e.g., Windows or iOS) and the domain name of your Internet service provider (e.g., Verizon, AT&T).  We use the non-personally identifiable information that we collect to improve the design and content of the 25 Water Street Offerings and to enable us to personalize your Internet experience.  We also may use this information in the aggregate to analyze usage of the 25 Water Street Offerings.   

Cookies
When a User visits the Site, we send one (1) or more cookies and/or gif files (collectively, “Cookies”) to assign an anonymous, unique identifier to the applicable User’s computer.  A Cookie is a piece of data stored on your hard drive containing non-personally identifiable information about you.  Cookies have many benefits to enhance your experience at the Site.  To find out more about Cookies, please visit www.cookiecentral.com.  We use Cookies to improve the quality of the 25 Water Street Offerings, including for storing User preferences and tracking Site-User trends (such as pages opened and length of stay at the Site). 

Most Internet browsers are initially set up to accept Cookies, but you can reset your browser to refuse all Cookies or to indicate when a Cookie is being sent.  To disable and reject certain Cookies, follow the instructions associated with your Internet browser.  Even in the case where a User rejects a Cookie, she or he may still use the 25 Water Street Offerings; provided, however, that certain 25 Water Street Offerings-related functions may be impaired or rendered inoperable if the use of Cookies is disabled.  We reserve the right to retain Cookie data indefinitely. 

Behavioral Tracking

Company and its third party partners may use Cookies, pixels and other tracking technology (collectively, “Tracking Technology”) in connection with the Site and App for purposes of tracking Users’ activities (such as websites visited, advertisements selected and pages viewed) after they leave the Site/exit the App.  Company and its third party partners may use this Tracking Technology to target applicable end-users with advertisements featuring Company products and services and third-party products and/or services that Company and/or its third party partners, as applicable, think may be of interest to applicable end-users. To opt out of this behavioral tracking, please: submit an unsubscribe request here. [INSERT OPT OUT METHOD]

Google®

Without limiting the foregoing, we may use two (2) tools called “Google Analytics®” and “Google Ads®,” each as made available by Google, Inc. (“Google®”), on the Site/in the App.  Google® may collect some or all of the following information by and through the Google® tracking technology: (a) city and country of the User; (b) device type (desktop, mobile, tablet, etc.); (c) browser type; (d) referring website, search engine or social media platform; (e) Site/App pages visited; (f) time spent on each page; (g) navigation path through the Site/App; (h) actions taken on the Site/in the App (clicks, downloads, form submissions, registrations, etc.); and (i) exit pages (collectively, “Google® Data”).  Google® shares the Google® Data with us.

We may combine Google® Data with your personal information.  Google’s® ability to use and share the Google® Data and other information collected about your visits to (and use of) the Site, App and/or in connection with the 25 Water Street Offerings through the Google Analytics® and Google Ads® tools is restricted by the Google Analytics® Terms of Service, available here, and the Google® Privacy Policy, available here. You may learn more about how Google® collects and processes data specifically in connection with these tools here. You may prevent your data from being tracked and/or used by Google® by downloading and installing the Google® Opt-out Browser Add-on, available here. 

Meta®/Facebook®

We may also use a web analysis tool called Meta Ads®, as made available by Meta Platforms, Inc. (“Meta®”).  Meta® may collect some or all of the following information by and through the Meta Ads® tracking technology: (a) traffic data from Facebook® users who visit the Site/access the App; (b) demographic information of Facebook® users who visit the Site/access the App; (c) actions taken on the Site/through the App (clicks, downloads, form submissions, registrations, etc.); (d) attribution for purposes of Facebook® ad conversion; and (e) click-through rates from the Site (collectively, “Meta Ads® Data”).  Meta® shares the Meta Ads® Data with us.

We may combine the Meta Ads® Data with your personal information, and we and/or Meta® may use that Meta Ads® Data to serve you targeted ads after you leave the Site.  Information pertaining to Meta’s® use of Meta Ads® Data and Facebook’s® privacy policy can be found here.

In general, end-users may be able to disable some, but not all, of this tracking activity by utilizing the “Do Not Track” setting or similar options within most major Internet browsers.  We do not honor, or alter our behavior, when an end-user has activated the “do-not-track” setting on her/his browser.  In addition, end-users may be able to opt-out of this form of tracking utilizing the options made available by the Network Advertising Initiative or Digital Advertising Alliance.  To the greatest extent permissible under applicable law, we are not responsible for the tracking practices of third-parties in connection with the Site and/or App.

Cross Device Tracking

Company tracks Users’ use of the 25 Water Street Offerings across multiple devices, including personal computers and mobile devices. 

Aggregate Data

Company reserves the right to transfer and/or sell aggregate or group data about Users of the 25 Water Street Offerings for lawful purposes.  Aggregate or group data is data that describes the demographics, usage and other characteristics of 25 Water Street Offerings Users as a group, without disclosing personally identifiable information.

Rent Payment Services

Company utilizes third-party service providers to provide credit and debit card payment processing services in connection with the Rent Payment Services.  If you choose to pay rent via the Rent Payment Services, the credit card information, debit card information and/or bank account information that you provided will be provided directly to our contracted third-party payment processing service provider(s).  Company requires that its third-party payment processing service provider(s) has/have in place privacy policies and practices consistent with this Privacy Policy; provided, however, that we cannot guarantee the privacy practices of our third-party payment processing service provider(s).

Interactive Services

If you engage in any interaction with Company, other Users or any third party via the Interactive Services, you should be aware that the personal data that you submit by and through the Interactive Services can be read, collected and/or used by other Users of the Interactive Services, and could be used to send you unsolicited messages or otherwise to contact you without your consent or desire.  We are not responsible for the personal data that you choose to submit on, or link to, via the Interactive Services.

Third-Party Websites

This Site may contain links to third-party owned and/or operated websites including the Application submission portal operated by On-Site.com.  Company is not responsible for the privacy practices or the content of such websites.  In some cases, you may be able to make a purchase through one of these third-party websites.  In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website.  These third-party websites have separate privacy and data collection practices and Company has no responsibility or liability relating to them.

Security 

We endeavor to safeguard and protect our Users’ personal information.  When Users make personal information available to us, their personal information is protected both online and offline (to the extent that we maintain any personal information offline).  Where our registration/application process prompts Users to enter Sensitive Information (such as credit card, debit card and bank account information) and when we store and transmit such Sensitive Information, that personal information is encrypted with advanced TLS (Transport Layer Security).  

Access to your personal information is strictly limited, and we take reasonable measures to ensure that your personal information is not accessible to the public.  All of our Users’ personal information is restricted in our offices, as well as the offices of our third-party service providers.  Only employees or third-party agents who need User personal information to perform a specific job are granted access to User personal information.  Our employees are dedicated to ensuring the security and privacy of all User personal information.  Employees not adhering to our firm policies are subject to disciplinary action.  The servers that we store User personal information on are kept in a secure physical environment.  We also have security measures in place to protect the loss, misuse and alteration of personal information under our control.  

Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet or via wireless networks can be guaranteed to be 100% secure.  Computer hackers that circumvent our security measures may gain access to certain portions of your personal information, and technological bugs, errors and glitches may cause inadvertent disclosures of your personal information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software may constitute a crime punishable by law.  For the reasons mentioned above, we cannot warrant that your personal information will be absolutely secure.  Any transmission of data at or through the Site, other 25 Water Street Offerings or otherwise via the Internet or wireless networks, is done at your own risk.

In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information.  You will be notified via e-mail in the event of such a breach.  Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.

Minors

Visitors under eighteen (18) years of age are not permitted to use and/or submit their personal information at the Site.  Company does not knowingly solicit or collect information from visitors under eighteen (18) years of age.  Company encourages parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. 

Opt-Out/Unsubscribe

To opt-out of receiving e-mail and other forms of communications from us, you can: (a) follow the instructions included in the applicable e-mail message or other communication; or (b) e-mail us at: jbruncaj@gfpre.com.  

Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for 25 Water Street Offerings, as well as to respond to any inquiry or request made by you.  To opt-out of receiving 25 Water Street Offerings-related and/or inquiry response-related messages from Company, you must cease requesting and/or utilizing the 25 Water Street Offerings and/or cease submitting inquiries to Company, as applicable.

Individual Rights: Deleting, Modifying and Updating Your Personal Information

At your request, we will: (a) inform you of what personal information we have on file for you, in a machine-readable format; (b) amend the personal information that we have on file for you; and/or (c) completely remove personal information that you have provided to us, or that we have collected, from our servers/databases. You may make such a request by e-mailing us at: jbruncaj@gfpre.com.  We ask individual Users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests.

Please be advised that deleting your personal information may terminate your access to certain of the 25 Water Street Offerings.  If you wish to continue using the full complement of 25 Water Street Offerings, you may not be able to delete all of the personal information that we have on file for you.

Please be further advised that, after you delete your personal information, residual copies may take a period of time before they are deleted from our active servers and may remain in our backup systems. 

Transfer of Personal Information Internationally

If you are visiting the Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of personal information across international boundaries. By visiting the Site and/or otherwise communicating electronically with us, you consent to such transfers.  Even if your jurisdiction does not have the same privacy laws as the jurisdiction where our servers are located, we will treat your information as subject to the protections described in this Privacy Policy.

Changes to this Privacy Policy

Company reserves the right to change or update this Privacy Policy at any time by posting a notice on the Site that we are changing our Privacy Policy.  If the manner in which we use personal information changes, Company will notify Users by: (a) sending the modified policy to our Users via email; and/or (b) any other reasonable means acceptable under applicable state and federal law.  You will have a choice as to whether or not we use your information in this different manner, and we will only use your information in this different manner where you affirmatively consent to such use.   

Contact Us

If you have any questions about this Privacy Policy or our privacy practices in general, please call us at: jbruncaj@gfpre.com; e-mail us at: (917) 539-8683; or send us U.S. Mail to: GFP Real Estate, LLC, 25 Water St., 15^th Floor, New York, NY 10041.