Privacy & Security Policy

(Effective May 2017)

B.H. Management, Inc. dba BH Properties (“BHP”, “we”, “us” or “our”) takes your privacy seriously. The privacy and security of your personal information is very important to us.

• We do not rent, sell, or share personal information about you with other people or non-affiliated companies.
• We do not disclose your personal information to unaffiliated third parties who may want to offer you their own products and services unless you have requested or authorized us to do so.
• We may share your personal information with third parties, affiliates, or trusted partners who work on behalf of or with BHP under confidentiality agreements. These companies may use your personal information to help BHP and our partners where it is necessary for us to provide you with the services you have requested, collect payment, or do something that you have asked us to do. However, these companies do not have any independent right to share this information.

Privacy and Security of Your Information is Very Important to Us: At BHP, we believe it is important to protect the privacy of our customers, as well as the privacy of visitors to our Site (defined below). We know that you care about how your information is collected, updated, used and shared, and we want to help you make knowledgeable choices about the information you provide to us. This Privacy and Security Policy (the “Privacy Policy”) explains and summarizes how we collect, use and protect your information as you interact with us directly, by phone, online, in person and through our leasing staff. This Privacy Policy applies to BHP’s operations in the United States (the “Services”) and to its website located at www.bhproperties.com along with other sites operated and/or hosted by BHP that relate to properties owned or controlled by BHP (individually and collectively, the “Site”). This Privacy Policy does not apply to other websites which may be operated business partners of BHP even if they are linked to the Site. Additionally, this policy does not apply to the practices of companies that BHP does not own or control, or to people that BHP does not employ or manage. This Privacy Policy together with our Terms of Use documents govern BHP’s relationship with you (“you,” “your,” “user,” or “customer”) in relation to the Site and Services. Your use of the Services offered by BHP and this Site constitutes your agreement to the terms and conditions stated in this Agreement. By using our Services and/or the Site, you consent to the collection, use and sharing of your information by BHP consistent with this Privacy Policy and applicable privacy and data protection laws.

Our Privacy Policy Will Change Over Time: BHP may update this policy over time as we seek to improve the Services we provide. We will post the revised Privacy Policy on the Site and we will update the Effective Date at the top of the Privacy Policy. We encourage you to refer to the Privacy Policy from time to time to stay abreast of our most current practices. We encourage you to periodically review this Privacy Policy to stay informed about our collection, use and disclosure of your information. Your access and use of the Site and BHP’s Services constitutes your acceptance of this Privacy Policy and any updates, unless otherwise provided.

The Types of Information BHP Collects About You: BHP only collects information from you that is appropriate for us to provide Services and information that we believe will interest you. We collect the following three categories of information from you: (a) Personally Identifiable Information; (b) Non-Personal Information; and (c) Passive Anonymous Information. All three of these categories are collectively referred to as “Information” in this Privacy Policy.

• Personally Identifiable Information:We may receive and store any information that you provide to us or that we learn about you from your use of the Site, Services or other sources that would allow us to identify you personally. This information is referred to as Personally Identifiable Information (“PII”), and shall mean any information relating to an identified or identifiable natural person (“data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity. For example, you may provide PII to us when you enter into a lease/rental agreement with us, make a customer service request or inquiry, or apply for a job with us. As a result of those actions, you might supply us with such information as your first and last name, postal address, home and/or mobile phone numbers, email address, social security number, driver’s license number or identification, insurance coverage information, your account number, employment history, information in a job application, such as a resume, and any other information that you choose to provide that would allow us to identify you personally. We might also receive PII about you from third party data sources or marketing partners and we may add this PII to the information that we collect about you. In most cases, you provide us with your consent to use your personal data in accordance with this policy by providing us with that information. In some cases, we may specifically ask for your express consent if we believe that the information is sensitive or our use of the information may include other uses not covered by this Privacy Policy or another privacy notice which we have made available to you.
• Non-Personal Information:From time to time, we may also ask you to provide us with non-personal information, which is data that alone is not intended to allow us to identify you personally, such as just your first name, birthday, zip code, or demographic information. BHP may aggregate and/or anonymize PII so that it becomes non-personal information that is not intended to be used to personally identify you. We also automatically receive and store certain types of non-personal information whenever you visit the Site through the use of “cookies,” which is discussed below.
• Passive Anonymous Information Gathered Electronically:We, and third parties on the Site, may automatically collect certain types of passive, anonymous information whenever you use the Site, such as your Internet Protocol address, your computer’s operating system, the name of the domain you used to access the Internet, the website you came from and the website you visit next. This data is used in the aggregate as a statistical measure, and not in a manner that is intended to identify you personally. If we collect this information (“Passive Anonymous Information”), it will be done passively through the use of certain electronic technologies, such as cookies, web beacons, pixels, clear GIFs (and similar technologies) as explained below.
• Cookies:We and our advertising partners may use “cookies.” When you use the Site, the pages you see, along with something called “cookies,” may be downloaded to your computer or other device that you use to access the Site. Cookies are text files that are stored by your browser on your device or computer. These cookies do not contain or collect any PII, but may be used to deliver content specific to your interests and for other purposes, such as security and administrative functions. For example, cookies are used to store your preferences for certain types of information so that you do not have to input those preferences every time you use the Site. Most web browsers automatically accept cookies, but you usually can change your browser to limit or prevent cookies. Cookies in themselves do not personally identify the individual user, but rather the computer or device that is being used to access the Site. You may have the opportunity to set your computer or device to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time. Different browsers may address cookies differently. If you set your browser to not accept cookies, it may result in certain personalized services not being provided to you when you use the Site from that computer or device.
• Web Beacons, Pixels, and Clear GIFs:We and our advertising partners may use web beacons, pixels and clear GIFs. These electronic technologies are transparent image files that, if used, allow us and our advertising partners to track website usage information, such as the number of times a given web page has been viewed and whether and when you have opened a HTML email, how many times the email was forwarded and which links in the email were clicked. Unlike cookies, these technologies are not placed on your computer or device. This information helps us to improve our Site and our Services and helps our advertising partners by measuring the effectiveness of these communications with you. These technologies may be used in association with cookies to understand how visitors interact with our Site, Services, or advertisements made by our advertising partners.

How We Use Information About You: We may use your Information for a number of purposes, including the following: (i) to provide you with our leasing and other services;(ii) to respond to inquiries and complaints;(iii) to enforce your agreements with us, prevent fraud, address security hazards, and other prohibited or illegal activities, for other legally permissible purposes and generally to ensure that we comply with applicable laws;(iv) to provide you with marketing and promotional information about products and services we believe are of interest to you;(v) to provide you with tailored advertising, which is explained in greater detail below;(vi) to provide a report to our advertisers or business partners that tells them who responded to a particular offer to facilitate the fulfillment of an order that you have made with an advertiser or business partner;(vii) to customize, personalize, analyze, evaluate, adjust and improve the Site and our services to meet your needs and expectation and those of our business partners;(viii) to describe our customer audience, products and services;(ix) to develop partnerships with third parties to offer products or services which we believe will interest our customers;(x) to anonymize or aggregate PII for various purposes, such as market or traffic flow analysis and reporting; and(xi) to process job applications and for recruitment purposes.

Disclosure of Information to Third Parties: BHP may give, share, sell or trade your information to third parties under the following circumstances:

• Service Providers:We may share your information, including PII, with third parties or affiliates with whom we have contracted to perform services on our behalf, such as to collect or process payment, do something that you have asked us to do, or provide your PII to a customer service agent so that they can assist us in fulfilling your request for business services and office spaces. Third parties that act on our behalf are contractually obligated to keep the PII we provide to them confidential and to use the PII we share only to provide the services we ask them to perform.
• Other Third Parties:We do not disclose your PII to unaffiliated third parties who may want to offer you their own products and services unless you have requested or authorized us to do so.
• Protection of BHP and Others:We may access, monitor, use, or disclose your information to do things like (i) comply with the law or respond to lawful requests or legal process, such as a court order, subpoena, search warrant or other legal requirements of any government authority or agency; (ii) protect the rights or property of BHP, our agents, customers or others; (iii) enforce our agreements, policies and terms of use or to mitigate our liability in an actual or potential lawsuit; (iv) to respond to emergencies; (v) to protect against suspected fraud, security hazards, situations involving potential threats to the physical safety of any person; and (vi) address, cure or prevent any violations of BHP’s terms of use, or (v) as otherwise required by law.
• Business Transfers:Information may be disclosed as part of or in connection with a merger, acquisition, sale of company assets, or transition to another service provider. In the unlikely event of an insolvency, bankruptcy or receivership, information also may be transferred as a business asset. BHP cannot guarantee that BHP’s Privacy Policy will remain unchanged in the unlikely circumstance that BHP is sold or if it merges with another company.
• Passive Anonymous and Aggregated Non-Personal Information:You agree that we may share with third parties passive, anonymous and non-personal information about you. Such information may be aggregated and is not intended to allow these third parties to identify you personally. This non-personal information is usually obtained through the use of electronic technologies, such as cookies, web beacons, pixels and clear GIFS, as described in this Privacy Policy.

Tailored Advertising: The Site may include third party tracking technologies that are used by BHP or its advertising partners to try to match advertisements to your interests and to deliver these targeted advertisements to you when you are using the Site or using other websites that are not controlled by BHP. We do not share PII with these third parties; however, when you use the Site, we or third parties operating the advertisement serving technology may use non-personal and/or Passive Anonymous Information that is collected through cookies, web beacons, pixels or clear GIFs to ensure that appropriate advertising is presented and to perform analytics concerning your use of the Site and other websites tracked by these third parties. These technologies also may control the number of times you see a given ad, deliver ads that relate to your interests and measure the effectiveness of ad campaigns. Logged and/or collected data may include IP address, browser identifiers, session information, browser cookies, device make and model, carrier provider, carrier user ID, sites visited, clicks on advertisements, advertisement(s) served, length of time an advertisement was visible, size of the advertisement, and advertisement response (if any). Any of this information that is collected and used by BHP will be subject to this Privacy Policy and may be disclosed to third parties in a manner that is not intended to identify you personally. To the extent any of this information is collected by third parties and not by BHP, you acknowledge and agree that such collection and use is governed by those third parties’ privacy policies and BHP is not responsible for cookies, clear GIFs or other electronic technologies in third party advertisements. If you wish to prevent BHP from delivering tailored advertisements, you may set your browser to not accept cookies. Please note that even if you disable the cookie function on your browser or opt-out of third party tailored advertisements at the above link, you may still receive advertising when using the Site that is not tailored to your interests.

Children: BHP does not knowingly collect, either online or offline, personal information from persons under the age of 18. Children under the age of 18 should not send any PII to BHP. If a child under 18 submits PII through any part of the Site or otherwise provides such PII to BHP, and we learn that the person submitting the PII is a child, we will attempt to delete this information as soon as possible. Because we do not knowingly collect any PII from children under 18, we do not use or disclose such information to third parties.

This Privacy Policy Applies to U.S. Customers: This Privacy Policy applies to customer relationships established in the United States. Our Site is hosted in the United States and is intended for United States visitors. Parts of this Privacy Policy may not apply to visitors to our Site outside the United States because, for example, certain services may not be offered to non-U.S. customers. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. privacy and data protections laws and which may be more stringent than those U.S. laws, by visiting our Site and providing us with Information, including PII, you acknowledge and consent to the transfer to and processing of your PII in the United States.
Our Security Practices: Our internal data security policies restrict access to customers’ PII to authorized employees, agents and subcontractors with a “need to know,” and we train such persons on the protection of your PII. These persons may use our customers’ PII for BHP’s business purposes only. Our employees are bound by our policies to maintain the confidentiality of our customers’ PII. Employees who violate their confidentiality obligations are subject to disciplinary action, up to and including termination.

We maintain commercially reasonable physical, electronic, and procedural safeguards that are designed to guard our customers’ PII. For example, for the security of your online visit to www.bhproperties.com (or any of our property-related Sites), we may make use of firewalls, encryption and other authentication procedures to attempt to protect your PII from unauthorized access, disclosure, alteration, or destruction. PII is maintained within a server environment that is intended to be secure. Unfortunately, no data transmission over the Internet or internal security system can be guaranteed to be absolutely secure. As a result, although BHP strives to protect your PII, BHP cannot ensure, and does not guarantee or warrant the security of our servers nor can we guarantee that information you supply through the BHP Site will not be intercepted while being transmitted over the Internet, and you acknowledge by your use of the Site that you do so at your own risk.
In the event of a breach of the confidentiality or security of your PII, we may attempt to notify you as necessary by email or other means so you can take appropriate protective steps. By using our Site or providing Information to us, you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of our Site or your account with us. Unless you indicate otherwise, we may notify you using the most current email address you provided to us.

Links to Third Party Sites and Websites Containing BHP Branding: The Site may contain links to third party websites. Please be aware, however, that BHP is not responsible for and cannot control the privacy policies of these other websites or their practices. We encourage you to read the privacy policies for these other websites, as they may differ from ours. The Site also may contain links to websites that display BHP branding and/or BHP’s logo but which are maintained by third parties. Such websites may be identified in that they do not display a “bhproperties.com” URL. Please read the privacy policy on these websites for applicable privacy practices relating to Information collected via those websites because they may differ from BHP’s privacy practices. This Privacy Policy applies solely to Information collected by BHP directly, by phone, online and through our customer support services.

Disclaimer: BHP makes every effort to ensure that all information displayed on this Site is accurate and complete, but it is not liable for any errors, inaccuracies or omissions. The majority of information is liable to change at short notice. The links contained in this Site are displayed for ease of access, but BHP is in no way responsible for any information displayed on any other website. Please read these terms carefully prior to using BHP’s Site. By using this Site, you indicate your acceptance of the terms set forth herein. If you do not accept or agree to these terms, do not use the Site. BHP may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the Site shall be deemed your conclusive acceptance of the modified agreement.

Contact Preferences and Accessing Your PII: You have certain choices when it comes to how BHP uses your PII. You may choose not to receive information about new services and special promotional offers from us by direct mail and/or email. If you elect not to receive such marketing information by direct mail or email, BHP may continue to contact you as necessary to service your account. You can change your contact preferences by emailing us at info@bhproperties.com or by writing to us at the physical address set forth further below. Keeping your account information accurate and up to date is very important so we can provide you with excellent service.

Terms and Conditions: If you choose to visit our BHP Sites, your visit and any dispute over privacy is subject to this Privacy Policy and our Terms of Use, including, but not limited to, disclaimers of warranty, limitations of liability, and your assumption of the risk of use of this Site.

Limitation of Warranty and Disclaimers: In no event shall BHP be liable for any damages whatsoever, and in particular BHP shall not be liable for special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to any BHP Site, or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise. You also understand that BHP cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Site and the Internet. BHP does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Site, any merchandise, information or Service provided through the Site or on the Internet generally, and BHP shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Content and Liability Disclaimer: BHP shall not be responsible for any errors or omissions contained at this Site, and does not warrant that defects in the Site will be corrected. BHP reserves the right to make changes without notice and disclaims any responsibility for providing notice of such changes. In addition, BHP has no liability to make changes to existing product(s) and /or content. BHP does not warrant that the Site will be uninterrupted. Accordingly, all BHP and third party information is provided on an “AS IS, AS AVAILABLE” basis without warranties OF ANY KIND. In no event will BHP be liable for (1) any incidental, consequential, or indirect damages arising out of the use or of inability to use the Site, or any information, or transactions provided on the Site or downloaded from the Site, even if BHP or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the Site. Because some states or countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states or countries, BHP’s liability is limited to the greatest extent permitted by law.

Indemnification: You agree to indemnify, defend and hold harmless BHP, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement or any activity related to your submissions to the Site (including negligent or wrongful conduct).
Your California Privacy Rights: California law permits customers of BHP who are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. At this time, BHP does not disclose personal information to third parties for their direct marketing purposes unless you specifically consent to such disclosure. If BHP changes this policy, it will update this provision and provide instructions on how you may make a request for details concerning such information.

What Else Should I Know About My Privacy? You should be careful to maintain the secrecy of your user ids and passwords and/or account information and be responsible about protecting your PII and identity, both online and off-line. You can refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information on how to protect yourself from identity theft.

Severability: In the event that any provision of this Privacy Policy shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Policy. BHP’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

Contacting BHP: If you have any questions, comments, or concerns about this Privacy Policy, please email us at info@bhproperties.com.