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PRIVACY NOTICE
Effective as of January 14, 2024

Privacy Statement

 

Byers & Harvey takes pride in conducting business responsibly and ethically. We place the highest regard on the data privacy and security of our customers and on our legal obligations to protect such personal data.

Byers & Harvey, Inc. (“Byers & Harvey, B&H,” “we,” “us” or “our”), developed a data privacy program that respects and protects the privacy rights of individuals whose personal information we process. We recognize that data privacy coincides with data protection, thus, we implement reasonable and appropriate data security and protection measures to preserve the confidentiality, integrity, and availability of the personal information we process.

 

I. Who are we?

 

Byers & Harvey, Inc. (“Byers & Harvey, B&H,” “we,” “us” or “our”) is a property management, real estate, and homeowner’s association provider serving the residential, commercial, and vacation properties for our owners.

 

We provide a full-service approach for our clients to market their vacation rental properties, drive direct bookings, attract new homeowners, and grow residual guests through digital marketing strategies solutions such as Search Engine Optimization (SEO), homeowner acquisition, paid search management, email marketing, and website development,  among others. When we use the term “Service(s)” we mean collectively:

We offer these Services to our owners and guests (“Clients”). The Services are intended for a general audience and are not targeted to children under the age of 13.

We are a “Data Controller” under Data Privacy Laws when we process personal information relating to our Clients or potential Clients, their representatives or employees, our suppliers, and vendors.

We are a “Data Processor” under Data Privacy Laws when we process personal information on behalf of our Clients and relating to our Client’s Guests in the performance of our Services. When we process personal information in this capacity it will be set out in a written contract with our Client, the Data Controller, and such Data Controller’s Privacy Notice would apply as opposed to this Privacy Notice.

II. What is the scope of this Privacy Notice?

 

We strive to be transparent and keep you informed on how we process your personal information through this notice. This notice sets out how we collect, use, store, share, dispose, and protect your personal information as a Data Controller and a Data Processor.

This Privacy Notice covers the disclosures that are required by “Data Privacy Laws” governing our processing of personal and sensitive personal information, which include, but are not limited to the following: 

This notice applies as we process personal information as a Data Controller relating to:

If you are an individual Guest of a property managed or owned by a Client who has been invited to use the client-facing features of the Services in a limited capacity (“Guest”), we process your personal information as a Data Processor for our Clients and the processing of your personal information will be governed by your relationship with them. Please note that our Clients have their own privacy notices, and this notice does not apply to their collection, use, storage, destruction, disclosure, and/or processing of any personal information they handle.

 

This Privacy Notice does not cover the practices of companies we do not own or control or people we do not manage and this Privacy Notice does not apply to any third-party sites that may link to or be accessible from our Sites.

 

We use some phrases in this Privacy Notice that are unique to our business or our Services. Below are definitions of some of the key terms.

 

III. What do we collect?

 

We collect the following Personal Information from the following categories of sources:

  1. Data from our Clients, Potential Clients, and Site Visitors
  2. Directly from you when you interact with our customer support by email, regular mail or telephone; or when you use any of our application or solutions as authorized user or representative of our Client:

 

Directly from you as a visitor to one of our Site:

When you visit our Site, you may choose to provide information to us, such as when you contact us to request or provide information through our “Consultation/Demo” or “Support” page on the Site.

In addition, when you interact with our Site, we use technology and Google tools (such as Google Analytics, Google AdSense, Google Display Network Impression Reporting) to gather information on how visitors are using the Site and Services.

We collect IP address information so that we can properly manage our system and gather information about how our site is being used. This includes the device type and browser you are using, location data, the pages you are viewing and your interactions on the page. Your IP address may be associated with records containing Personal Information. We collect details of visits to our Site, including the volume of traffic received, logs and the resources that you have accessed. We may also collect certain location information such as your mobile device’s GPS signal, or information about nearby Wi-Fi access points and cell towers.

We may collect the following categories of information from our Site:

 

From our Clients as needed for us to perform our Services for them:

Name, phone number, email address, postal address, information about your real estate assets, and any other information necessary to complete applicable documents or applications provided (“Identifiers”).

 

Data from Guests:

Directly from you as a Guest of a property manager or property owner who has opted to receive marketing communicates and product updates and offers from our Client.

 

IV. How we use the personal information we collect

 

We only collect the information reasonably necessary to provide our Services, to carry out our operations, as required by law, and for the other legitimate business purposes, under applicable laws.

Some of these uses may, under certain circumstances be based on your consent, may be necessary to fulfill our contractual commitments to you or our Clients, or are necessary to serve our legitimate interests as provided below:

Types of SMS messages Guests/Vendors can expect to receive:

For provision of our Services:

For our own marketing and advertising activities (“Marketing”):

For compliance with our legal obligations, regulatory requirements and for other legal purposes (“Legal”):

We do not monitor or profile visitors to our Site or collect, in any automated manner, any special categories or sensitive Personal Information about you.  No automated decision-making, including profiling, is used when processing your Personal Information.

Interest-Based Advertising:

We and our third-party advertising partners may use cookies or web beacons to collect information for the purposes of interest-based advertising based on your visits to our Site. These cookies identify the pages you view, the links and ads you click on, other actions you take on those websites, and the referring website. Similarly, online advertisers use cookies to deliver advertising to you for companies other than us based on your visits to our Site and other websites.

 

V. How we share and disclose your personal information

 

Standard messaging disclosures (SMS):

Categories of Data Collected:

We share Personal Information with the following categories of recipients for the following business purposes:

  1. Third-party Service Providers: Your Personal Information will only be shared with and processed by our affiliates and non-affiliated third-party service providers as permitted by law and for the purposes described in this Privacy Notice.  We may disclose Personal Information to certain non-affiliated specialized service providers, including professional advisors, consultants, technical service providers, and other third parties, who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.  We may disclose your Personal Information to third-party service providers to provide us with services such as Site hosting, including information technology and telephony services, and related infrastructure, customer service, e-mail delivery, auditing, and other similar services.
  2. Corporate Subsidiaries and Affiliates: We share the collected personal information as described in this notice with our subsidiaries and affiliated divisions within the firm at Byers & Harvey.
  3. Business Partners.  Where permitted by law, with our third party business partners, such as companies offering products or services of interest to you, advertising partners and other third parties for those third parties’ own commercial or marketing purposes, such as to serve targeted advertisements.
  4. Business Transfers: When applicable, we may share your information in connection with a substantial corporate transaction, such as the sale of a Site, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
  5. With Your Consent or at Your Direction: We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent or direction.
  6. Other Legal Reasons: In addition, we may use or disclose your Personal Information as we deem necessary or appropriate: (1) under applicable law; (2) to respond to requests from public and government authorities including public and government authorities; (3) to pursue available remedies or limit damages we may sustain; (5) to protect our operations or those of any of our affiliates; (6) to protect our rights, privacy, safety or property of, our affiliates, you and others; and (7) to enforce our terms and conditions.

 

When the information collected from or about you is not defined as personal information under applicable law, we may share such non-personal, de-identified information or aggregated information with third parties at our discretion.

VI. How long we retain personal information

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice and in order to provide you the Services, and for as long as your account is active or as needed to provide you Services. We will also retain your information to comply with our legal obligations, to conduct audits, resolve disputes, and enforce of our agreements.

 

VII. How do we secure your personal information

 

We use reasonable organizational, technical and physical measures to maintain the privacy and security of your Personal Information within our organization against any unauthorized access, use, disclosure, loss or alteration, or theft of personal information. We maintain policies and practices to ensure the protection of your personal information. Depending on the volume and sensitivity of the information, the purposes for which it is used and the format in which it is stored, we implement a combination of measures to protect your personal information, including:

Unfortunately, no data transmission or storage system can be guaranteed to be secure at all times. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below. We will let you know promptly if a breach occurs that may have compromised the privacy or security of your information.

VIII. Your Choices and Rights

We offer you certain choices and you also may have certain rights in connection with the personal information we collect about you.

A. Your Choices

To ask us to remove your information from our marketing mailing lists, please contact us as outlined in the How to Exercise Your Rights Section below.

B. Your Rights

Subject to applicable Data Privacy Law, you may have certain rights to know, access, update, port your personal data, correct inaccuracies, delete, restrict processing of your personal information in our custody and control.

For security purposes, we will verify your identity when you request to exercise your data privacy rights.  For certain types of requests, we may also need to ask you for additional information to verify your identity. Once we have verified your identity (and your agent, as applicable), we will respond to your request as appropriate.

You right over your personal information depends on the Data Privacy Law applicable where you reside:

California Privacy Rights

For additional information for residents of the State of California click here.

Colorado, Connecticut, Florida, Montana, Oregon, Texas, Utah, Virginia

For additional information for residents of any of these states click here.

GDPR Privacy Rights

For additional information for residents of European countries, including the United Kingdom and Switzerland click here.

C. Exercising Your Rights

This provides for instructions on how you can exercise your rights under applicable Data Privacy Laws.

How to Exercise Your Rights

To submit a request to access, rectify, delete, port your personal data you can submit a request to us either:

Note in the body of the email the specific right you want to exercise. In the subject line, include “ Consumer Request”.

To protect the privacy and security of your personal information, we will attempt to verify your identity before acting on your request.  Your request must include details sufficient for us to properly understand, evaluate, and respond to the request.

Please also note that as part of the verification process, we’re required to consider:

Use of an Authorized Agent

An agent legally authorized to act on your behalf—may make a verifiable request related to your personal information. If you are making a request through an authorized agent, you must provide the authorized agent with written permission to do so, and a power of attorney that fulfills the requirements of the Data Privacy Laws. We may request more information from the authorized agent (or from you) if needed to verify the authorized agent’s identity or to avoid any breach of security or instances of fraud.

Minors

We do not knowingly collect personal information of minors (minority age depends on the applicable Privacy Laws) under the age of 13, nor are our Sites or Services developed for, offered to, or directed at children under the age of 13. If you believe that we have collected information of a child under the age of 13, please contact us and we will take appropriate action.

IX. Changes to this Privacy Notice

Changes to this Privacy Notice will be posted on this page. If we make a material change to our privacy practices, we will provide notice on our Site or by other means as appropriate. If we are required by applicable data protection laws to obtain your consent to any material changes before they come into effect, then we will do so in accordance with law.

X. Contact Us

If you have any questions, or complaints, regarding the collection or use of your personal information or the content of this notice, please contact our Privacy Officer at the coordinates below.

Privacy Officer

Byers & Harvey – STR
1820 Business Park Drive, Clarksville, TN 37040

str@byersandharvey.com

We respect your privacy rights and commit to the security of your personal information. If you do not agree to how we process your personal information as discussed in this Privacy Notice, please reach out to us. Please also see our Web Development and Marketing Agreement for more information on the Services we provide.
 

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