Last Updated: October 1, 2019
Your Consent and Policy Changes
Types of Information Collected
We collect Personal Information from our Site in order to provide you with information on the Highmark products and services you have expressed an interest in, to provide you with information on other similar Highmark products and services we believe will be of interest to you, and to better understand how we can help prospective residents, current residents and employees.
The type of Personal Information we collect will depend upon what we will need in order to provide you with the particular product or service you are interested in. In the case of prospective residents and applicants for employment, the information requested on our registration form includes some or all of the following Personal Information, but not limited to: name and address including previous addresses, age or date of birth, driver’s license or other personal identification numbers, email address, occupation, employment information including income, telephone number, educational background and Social Security/national insurance number.
Those interested in becoming residents may be asked to provide most of the following additional information to help match our available products and services with prospective residents: the kind of product or service you are requesting, the apartment size or number of bedrooms you are looking for, where you want to live, the type of building you prefer, other desired unit characteristics, your proposed rent budget, the number of individuals in your household and their ages, and whether or not you have pets.
During the lease application process, additional information may be collected: proof of income and employment, bank statements, proof of residency, list of recent addresses, and contracted third party service providers may provide additional information in the form of a credit check and/or background check. If the application is approved, supplementary information may be collected, including but not limited to, vehicle make/model/license and proof of renter’s insurance coverage, as specified in the lease. Depending on method of payment chosen, a resident may voluntarily submit and store financial payment information such as bank accounts, routing numbers, and/or credit card numbers to facilitate payment transactions.
For those interested in applying for employment at Highmark, the following additional Personal Information may be requested or obtained: credit checks, background checks and employment verification. Where required, we will obtain your consent before undertaking these checks. Once a candidate accepts a position, the candidate may be asked to complete further online details. This may include an invitation to self-identify ethnicity or race. This information is only collected for meeting government reporting requirements and the provision of this information by candidates is voluntary.
How we Collect and Use Information
We may collect information in several ways by your use of this Site, as well as, from forms you submit to us, personal correspondence, such as emails or letters that you send to us, information you include in an application you complete on the Site, information you provide when scheduling a property visit through the Site, or any other activity through which you identify yourself to us, by and through online services, property visits and offline interactions, customer care centers, owners and franchisees, authorized licensees, strategic business partners, other sources, internet connected devices and physical and mobile location based devices. When you visit the Site, our servers may log your IP address, the URL of your request and other information that is provided in the HTTP header. We may also ask you to voluntarily provide us with personal information on this Site: for example, while many of the features of the Site are available without registering, you may be asked to create an account on the Site if you desire to access certain features. Further, in some instances, we may ask you to provide personal information in order to perform screening services for property managers or owners. Although you may decline to voluntarily provide Personal Information when asked, some features, products and services will be unavailable to you as a result.
If you choose to use the Refer a Friend email link to tell a friend about our Site or a property listed on our Site, we will ask for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Highmark stores this information for the purposes of sending this one-time email and tracking the success of our referral program only.
Although we do not link online Non-Personally Identifiable Information with Personally Identifiable Information as a current business practice, we may if required to do so by law enforcement agencies, court order, law or if we deem it necessary to improve our online service and product offerings in the future. We may also link information collected online with information collected online by third parties.
Highmark may use the information collected from you to provide services which you have requested from us: including, without limitation, sending your contact information to properties that you are interested in; sending your rental application to properties that you have selected; and enabling you to use the Resident Portal. We may also use your personal information to send you targeted messages, publications, news, and information about events, special offers, promotions and benefits. Highmark may use third-party service providers to send and distribute email and to perform other marketing and support functions. We may use information we collect from you to improve the content of this Site, to enhance users’ experiences when visiting this Site, to analyze trends, administer the Site, gather demographic information the Site’s users, track user movements and to customize the content and layout of this Site for each individual user.
We use persistent tracking cookies on our website which are cookies that stay in your web browser between visits. These cookies can also be used to show us which Sites you have visited before entering our Site and which Sites you may go to if you leave, especially if you access the registered user parts of this Site by using your social media log-in credentials. We use these to capture analytical information about our visitors that helps us to improve the performance of our website and create a better experience. These cookies allow us to recognize and count the number of visitors, to provide content related to a prior visit to the website, to see how visitors move around the Site and the products and services they are interested in when they are using it and to see what other types of products and services they may be interested in. This helps us to improve the way our website works, for example by making sure users are finding what they need easily.
Most browsers are set up to accept cookies. If you want to change your cookie preferences, you can do so through your browser settings or refuse the cookies when you enter the website. You may also limit the information we gain from certain cookies by logging directly into the registered areas of this Site rather than by logging in by using your social media log-in credentials. Please remember that our cookies are often used to give you certain functionality and without them you may not be able to use some of our website e.g. save properties from our listings.
You can also remove cookies that have already been set in your browser via your browser settings.
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Internet. Web servers, the main computers that transmit web pages, automatically identify your computer by its IP address. As permitted under applicable law, Highmark collects IP addresses for the purposes of system administration, gathering and analyzing aggregated information, creating a better experience for users and auditing the use of our Site.
We do not normally link IP addresses to anything personally identifiable, which means that your session will be logged, but you remain anonymous to us. We will seek to link your IP address when we are required to do so by law enforcement, court order, law, and/or feel it is necessary to protect this Site and other users from harm and to prevent criminal misconduct.
We do not collect or maintain information at our Site from those we know are under 13, and we do not permit children under 13 years of age to become registered users of our Site. No part of our Site is structured to attract anyone under 13. By using our Site, you represent that you are not under 13 years of age. If you are a parent or guardian and you believe that your child under age 13 may have provided personally identifiable information through the Website, please contact us using the information in the “Contact Information” section
Type of Information Shared or Disclosed
As a general rule, Highmark will not disclose Personal Information except when we have your permission or under special circumstances, such as when we believe, in good faith, that the law requires our disclosure. We may also disclose Personal Information for business operations as described below.
We do not commercialize or share your Personal Information with third parties, unless:
- Such information is shared and/or commercialized following receipt of a specific request and/or permission from users;
- Such information is shared with affiliated companies and/or potential investors (in any form of business transaction, including purchase or merger) pursuant to an agreement which contains reasonable confidentiality arrangements;
- Such information is shared with contractors who work with us pursuant to an agreement which contains reasonable confidentiality arrangements;
- Such information is shared in order to comply with or in accordance with any applicable law and/or court orders and/or in order to prevent suspected illegal acts, frauds, situations involving potential threats to the safety of any person, or as otherwise required by law. This includes responding to lawful requests by public authorities, including to meet national security or law enforcement requirements;
- Such information is shared in order to help Highmark defend against claims and/or establish or exercise any legal right that Highmark may have;
- Or such information is necessary for third parties to perform contracted actions on behalf of the property. These actions may include marketing of goods and/or services common to multifamily properties that may be beneficial to applicants and/or current or past residents. The contracted third-party vendors will have appropriate personal information policies and opt-out functionality where needed.
Highmark may be liable to you for any transfer of your Personal Information by Highmark in violation of applicable laws.
Resident information shared with third parties that are considered part of our core business practices, such as credit screening and background screening, is required to conduct business and cannot be exempted from these services. Information shared with select third parties for promotional or marketing purposes will have opt-out provisions in compliance with all applicable laws.
We also may share with third parties, including, without limitation, our corporate partners, aggregated demographic and statistical information that is not personally identifiable (including, for example, the number of users who searched for certain types of housing, the daily number of unique visitors to the Site, how many users clicked on a particular advertisement and how many users were using a certain internet service provider).
Highmark also may disclose an individual’s personal information:
- to a person who in the reasonable judgment of Highmark is seeking the information as an agent of the individual;
- in situations where sharing or disclosing your information is required in order to offer you products or services you may desire;
- to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of Highmark’s assets.
Highmark may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency’s request.
Through the Site, Highmark may make available areas that allow for user interaction, including blogs, forums, bulletin board services, chat areas, or other message and communications features. Some of these forums may require registration. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information.
How We Store Information
Highmark is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. In spite of these protections, Highmark cannot guarantee the security of any data submitted over the Internet. After your information reaches Highmark, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas as well as servers where data may be entered or physical items scanned) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties. We may store and process your personal information in the United States or any other country in which we or our agents maintain facilities. By using the Site, you consent to the transfer of your information among these facilities, including those located outside your home country.
Highmark takes reasonable technical and organizational measures in accordance with applicable laws to safeguard users' Personal Information. While Highmark strives to protect your Personal information and therein your privacy, we cannot guarantee the security of any Personal Information you disclose online and you therefore disclose such Personal Information at your own risk.
We limit access to Personal Information to employees who we believe reasonably need to receive such information to provide our services or in order to do their jobs, and we take the precautions we deem reasonable to protect the security of users' Personal Information. We also work very hard to ensure that our employees are aware of the sensitivity of the data submitted to us and that they handle it with care, being careful not to allow any improper access by third parties. However, as in many computer systems, internet applications and software programs, unauthorized use, failure of hardware or software, etc. may be injurious to the confidentiality of users' Personal Information.
If users have any questions about security, please contact us using the information in the "Contact Information" section.
E-Mail Consent and Opt-Out
You may choose to opt out of receiving future commercial email messages from us as a result of your use of this Site. Each bulk email sent by us contains a link with instructions on how to remove yourself from our email list. Please note that if you are a resident of a Highmark community and you use this Site and your community Site, each may have a distribution list that requires a separate o-out provision. You will also need to opt-out separately from any bulk e-mail sent by a third party on behalf of Highmark or any third-party Sites you have registered with. Please see the section on Third-Party Websites.
You should be aware that when you are on the Highmark website you could be directed to other third-party Sites that are beyond our control. There are links to other Sites from Highmark, which take you outside our service. For example, if you "click" on a banner, an advertisement or a search result, the "click" may take you off the Highmark Site. These other Sites may include Sites of other advertisers, sponsors and partners that may use their logo with ours as part of a co-branding agreement. These other Sites may send their own cookies to visitors to collect data or solicit information. Highmark does not control these Sites and therefore is not responsible for their content. The inclusion of hyperlinks to any other Sites by Highmark does not imply any endorsement of the material on such Sites, nor any association with their operators.
Retention and Destruction of Personal Information
In order to provide you with the products and services you request, answer questions you may have about the products and services provided, and for our own accountability to external regulatory bodies, we retain your information for a period during which Highmark has an ongoing business relationship with you. After said time that Highmark has completed providing products and services, some information may be retained for a reasonable period of time to resolve any outstanding business matters that exist or may arise. We remove information periodically when it appears we will no longer have a need to contact you and the potential business concerns have passed. However, we will promptly remove such information upon your written request. Paper files containing personal information are destroyed by shredding, and we destroy electronic information by deleting it. When we discard hardware that was used to store data, we ensure that the data is deleted and erased to a reasonable business standard or that the hardware is physically destroyed.
Notification of Changes
You may contact us by mail at Highmark, Attn.: Information Systems, 5429 LBJ, Suite 800, Dallas, Texas 75240. If you contact us by mail, your communication should clearly be marked as a data protection query and as being time-sensitive.
Acceptance of these Terms
The Site and the content provided thereon is provided on an “As Is” basis, without representations or warranties of any kind, whether express or implied, including but not limited to, warranties or title and implied warranties of merchantability or fitness for a particular purpose.
Limitation of Liability
In no event shall Highmark, or their respective affiliates, agents, representatives, parents, or licensors be liable to you for any loss or injury or any damages, either direct, indirect, punitive, special, incidental, consequential, or otherwise (including, but not limited to, lost profits or lost savings) resulting from or in any way connected to the Site or these terms and conditions, even if you have been advised of the possibility of such damages.
Any disputes that arise out of or are related to the Site or these terms and conditions shall be handled individually, without class action, and shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, excluding its conflict of law rules.