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Privacy Policy
- Sundial Privacy Policy
- I. SCOPE OF THIS POLICY
- II. INFORMATION THAT WE COLLECT OR RECEIVE
- III. USE OF INFORMATION
Sundial Privacy Policy
This Privacy Policy describes how Sundial collects, uses, and discloses your personal information.
This Privacy Policy should be read in conjunction with our Terms of Service, and any other policy, agreement, or terms which may affect your relationship with us.
I. SCOPE OF THIS POLICY
This Privacy Policy applies to https://www.sundialmhc.com including all its sub-domains and other websites that link to this Privacy Policy, when accessing and using them in the United States, as well as any of our other services and tools that might be made available by us from time to time, including offline tools, surveys, applications, services, advertisements, events, and promotions (collectively, “Services”).
We may provide links to external-party websites that are not owned by Sundial. Sundial has no control over external-party privacy practices and assumes no responsibility in connection with your use of external-party websites, applications, or any other services offered by other parties. Any external-party services are governed by the privacy policies appearing on those sites and applications.
By using the Services, you signify your consent to this Privacy Policy and the Terms of Service for the use of our Services. If you do not agree to this Privacy Policy or Terms of Service for the use of our Services, please do not use our Services.
II. INFORMATION THAT WE COLLECT OR RECEIVE
We collect and receive information from and about you by different means, including, without limitation: (i) information you submit or provide to us; (ii) information collected automatically and manually; and (iii) information provided to us by other sources. Some of the information we collect and receive includes “personal information,” which is generally information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal information does not include information that is publicly available, de-identified, aggregated, or otherwise exempted by applicable laws. The information we may collect will vary and depend on the nature of your relationship with us and the reason(s) for providing/collecting the information.
A. Information You Submit or Provide to Us
We or our vendors collect the information that you directly provide to us, such as when you enter it on a webpage, submit an online form, use a chat feature we may offer, or include it in an email that you send to us in relation to our Services. In addition, we may collect information through relevant business support processes, during the registration or account creation processes, and through other business functions where we ask you to provide information, including:
- Contact Information (e.g., name, email or mailing address, or phone number);
- Account Administration Information (e.g., username, password, or security questions);
- Communications (e.g., information you submit through our interactive chat feature or through other communications with us, including potential customer service call recordings);
- Payments and financial information (e.g., information necessary to process transactions, conduct due diligence, as part of an application, or for other business needs);
- Employment-related information and education information (e.g., information you may provide when applying for a job, or which may be included as part of an application);
- Demographic information (e.g., ethnicity, sex, gender, birth date, age, languages spoken, disability, housing status, household size, household type, family members, marital status, annual income, desired housing characteristics and desired housing location or community);
- Location information (e.g., geolocation inferred from your access to our websites or from your device); and
- Commercial records, customer records, and preference information (e.g., your purchase history, leasing details, rental history, property records, tenant data, and related information).
Your use of interactive features we may offer on our Services is voluntary, and we may retain the information that you submit through these features. If you participate in interactive chat, either with a virtual or live agent, the contents of the chat may be captured by us or our service provider and kept as a transcript. If you use these features, you understand that our vendors may process the information obtained through the feature to provide the Service on our behalf.
If you submit personal information of other people to us, e.g., when participating in a resident referral program we may offer, you represent that you have permission and authority to provide us with such personal information. If you do not have permission, please do not provide us with their information.
B. Types of Information Collected Automatically
We may automatically or manually collect information related to your use of Services. For example, data collected in this manner may include:
Web Browsing Data. When you use our Services, our servers may automatically record information, including information that your browser or mobile device sends when you visit or use our Services.
Technical Information. We may collect certain technical information about your computer systems or about your visits to our online environments when you use our Services.
Device Information. We may collect information about the device you are using to access our Services, including what type of device it is, what operating system you are using, device settings, unique device identifiers and crash data.
Cookie Data. Depending on how you are accessing our online environments, we may use “cookies” (a small text file sent by your device each time you visit our websites, unique to your Sundial account or your browser). When we use cookies, we may use “session” cookies (that last until you close your browser) or “persistent” cookies (that last until you or your browser delete them). For example, we may use cookies to remember your personal preferences, such as sections of our Services that you visit frequently, your user ID or other settings so you do not have to set them up every time you visit our Services. Some of the cookies we use may be associated with your Sundial account (including information about you, such as the email address you gave us), and other cookies are not. In addition, we may use web beacons, pixels, or other web programming code or embedded scripts.
Analytics Data. We may use Google Analytics or other providers for analytics services. We may also implement Google Analytics Advertising Features such as remarketing with analytics and interest-based ads. We may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to, e.g., deliver advertisements, measure your interests, and/or personalize content. For more information on how Google Analytics uses data collected through our services, visit http://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit https://tools.google.com/dlpage/gaoptout or download the Google Analytics Opt-Out Browser Add-On.
Sensory Data. In order to provide you with the best possible support, prevent fraud, and improve our Services. We may also use surveillance cameras on our property in order to provide security.
C. Information Provided to Us by Other Sources
To improve the quality of our Services, and to carry out research and analysis, we and our vendors may supplement the information we collect with information from other sources, such as publicly available information, commercially available sources, and information from our business partners or other third parties.
III. USE OF INFORMATION
We may use the information we collect through the Services or otherwise obtain for a number of purposes including to:
- Provide our Services;
- Understand and improve our operations, Services, and performance;
- Assist in customer service and transactions;
- Generate feedback regarding the Services which we offer;
- Conduct research or for analytics purposes;
- Develop new Services;
- Deliver marketing communications or promotional materials that may be of interest to you;
- Improve the services we provide and the usefulness of the Services;
- Customize our users’ experience when using the Services;
- Protect ourselves and our users; and/or
- Comply with applicable laws.
IV. WHY WE MAY DISCLOSE INFORMATION
We may disclose your personal information with other parties as follows:
Provision of Services. We may disclose your personal information with our business partners, vendors, and service providers in order to provide our Services, including as necessary for financial transactions, to conduct due diligence, to detect and prevent fraud, to comply with applicable laws and/or contractual obligations, to ensure quality of our Services, and as otherwise necessary to support our Services.
Law Enforcement, Judicial, Administrative, or Regulatory Disclosures. When we believe in good faith that the law requires disclosure or that disclosure is necessary to protect or enforce the rights, property, safety, or security of ourselves or others.
Business Transfers. In connection with sale of the applicable business, a portion of the business, or certain stock and/or assets, or a corporate merger, consolidation, restructuring, or other corporate change including, without limitation, during the course of any due diligence process.
Marketing and Advertisements. We may disclose your personal information to our vendors or third parties to facilitate marketing and provide you with advertisements which may interest you.
Sweepstakes, Contests, and Promotions. We may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties which may require submitting personal information. If you voluntarily choose to enter a Promotion, your information may be disclosed to us, our co-sponsors, service providers, and other third parties, including for administrative purposes and as required by law (e.g., on a winner’s list). By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing data practices from those contained in this Privacy Policy. Please review those rules carefully.
V. CHOICES YOU HAVE ABOUT YOUR INFORMATION
You may always limit the amount and type of information that we collect from you by choosing not to enter or provide information requested from you on our Services. However, some of our features and Services can only be provided to you if you provide us with requested information (including, in some instances, personal information). Some of the Services offered may ask whether you wish to opt out or opt into our contact lists for offers, promotions and additional Services that may be of interest to you.
VI. DO NOT TRACK SIGNALS
Some web browsers may transmit “Do-Not-Track” signals to websites with which the browser communicates. As with many other companies, we do not currently respond to these signals.
VII. HOW WE SECURE YOUR INFORMATION
Sundial is committed to protecting the confidentiality and security of your information against unauthorized access and disclosure. We only disclose your personal information to our personnel or others who need to know the information to service your account or to provide our Services, and as otherwise permitted or required by law. We maintain strict physical, electronic, and procedural safeguards to protect your information.
VIII. OUR POLICY ON THE INFORMATION OF CHILDREN
Sundial does not seek or knowingly collect personal information from children under the age of thirteen (13), and we request that children do not provide information through the Services. If you are a parent or guardian and become aware that your child has provided us with information, please contact us using one of the methods specified below, and we will work with you to address the issue.
IX. INTERNATIONAL TRANSFERS
We are a United States company and we provide our Services subject to United States law. However, we may transfer information to our affiliates, vendors, and business partners in other countries around the world, subject to applicable laws, and as a result personal information may be transferred to, processed, and stored in the other countries. As such, courts, law enforcement, and authorities in other countries may, in certain circumstances, be entitled to access your personal information. By using the Services or providing us with any information through the Services, you consent to this potential transfer, processing and storage of your information, and you acknowledge that other countries and jurisdictions may not provide the same privacy protections and their privacy laws may not be as comprehensive as those in the United States or in the country where you reside or are a citizen.
X. CHANGES TO THE PRIVACY POLICY
We reserve the right to amend this Privacy Policy at any time to reflect technological advancements, legal and regulatory changes and good business practices or otherwise at our discretion subject to applicable laws. If we make any changes, a new Privacy Policy will reflect those changes and the effective date of the revised Privacy Policy will be set forth at the top of the Privacy Policy.
Your continued use of the Services after we make changes to this Privacy Policy is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.
XI. HOW TO CONTACT US
If you have any questions or comments about this Privacy Policy or the ways in which we use information subject to this statement, please do not hesitate to
contact us by emailing sundial@cwres.com, writing to 2310 Lancaster Drive SE, Salem, OR 97317, or calling us at 503.208.4888.
Sundial Online Terms of Use
These Terms of Use or “Terms” apply to your use of or access to our online interfaces and digital properties, including our websites that link to these Terms (collectively, the “Sites”). “Sundial,” “we,” “us,” or “our” mean Sundial and/or one of our brands, affiliates, or subsidiaries. By using or accessing the Sites, you acknowledge that you have read, understood, and agreed to be bound by these Terms and our Privacy Policy, which contains important information about how we process personal information we may obtain through the Sites and is incorporated into these Terms by reference. If you do not wish to be bound by these Terms, please discontinue using and accessing the Sites.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SITES. THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT. THESE TERMS TAKE EFFECT WHEN YOU ACCESS OR USE THE SITES. BY ACCESSING OR USING THE SITES, YOU ATTEST THAT YOU ARE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE AND ARE LEGALLY CAPABLE OF ENTERING INTO A BINDING CONTRACT.
We reserve the right to change these Terms at any time, in our sole discretion and without prior notice. We will indicate changes to these Terms by updating the “Effective Date” above. Your use of the Sites following a change to these Terms signals your acceptance of the modification(s).
Some areas or functionalities of the Sites may have additional terms and conditions that apply to your access or use of those areas or functionalities of the Sites (“Additional Terms”). If there is a conflict or inconsistency between these Terms and any Additional Terms, the Additional Terms shall govern your access and use of the respective area or functionality of the Sites.
1. Limited License
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable, non-sublicensable, non-transferable license to access the Sites in accordance with the requirements and restrictions set forth below. If you do not agree to these Terms, or any amended Terms, you may not access or use the Sites for any purpose and shall promptly discontinue such use of the Sites.
2. Intellectual Property Rights
The Sites and all of their content and information (collectively, “Content”), including all copyrights, trademarks, service marks, trade names, and all other intellectual property rights (“Intellectual Property”) are owned and controlled by us, our subsidiaries, or our licensors, and are protected by copyright or other applicable intellectual property laws. You may print one copy of the Content for your personal non-commercial use only. You may not, however, copy, use, reproduce, or distribute the Content or otherwise use our Intellectual Property in any way, absent specific, prior written permission from us.
3. Content Disclaimer
The Content was believed to be accurate at the time it was published. Although we may periodically update the Content, it is subject to change without notice, and we make no guarantee as to the timeliness or accuracy of any Content presented on this Sites at the time accessed. We are not responsible, and hereby disclaim liability, for any errors, omissions, or availability of the Content. The Sites and Content are provided on an “as is,” and “as available” basis without representation or warranty of any kind whatsoever. We reserve the right to add, remove, and change information at any time without notice in our sole discretion.
4. Use of the Sites
The Sites are intended for personal use only. You agree not to use the Sites for any commercial purposes. You further agree that you will not:
- Access or use the Sites (or any portion thereof) in violation of these Terms or applicable laws;
- Attempt to modify, alter, recreate, or otherwise use the Sites for any purpose other than as specifically permitted in these Terms;
- Attempt to probe, scan, or assess the vulnerability of the Sites;
- Breach any security, technological, or authentication measures on the Sites;
- Use any device, software, or routine to attempt to interfere with the Sites or otherwise disrupt the Sites or servers or networks connected to the Sites;
- Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automatic device or manual process to access, copy, or scrape the Sites for any purpose;
- Collect or store personal information about other users of the Sites without their consent;
- Use any part or feature of the Sites for any purpose that is unlawful, tortious, libelous, defamatory, obscene, threatening, or intrusive on another person’s privacy;
- Use the Sites to harm or harass any person or entity;
- Take any action that imposes, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s infrastructure; or
- Use the Sites for any reason for which the Sites are not intended.
The Company reserves the right, in its sole discretion and without limiting its other remedies, to restrict, suspend, or terminate your access to, or use of, the Sites at any time with or without cause, including if the Company believes that you may be in breach of these Terms or applicable laws or are misusing the Sites.
5. Registration
Some Sites may permit or require you to register for an online account with a user ID and/or password (“Login Credentials”). Otherwise, no account is needed to access the Sites. Your Login Credentials and any information that you provide in connection with your account must remain accurate and complete at all times. You are responsible for maintaining the confidentiality and security of your Login Credentials, and you are fully responsible for any and all access and use of your account. Please notify us immediately of any unauthorized use of your account, or any other known or suspected breach of security, including without limitation any loss, theft, or unauthorized use of your Login Credentials. If we have reasonable grounds to suspect that the security of your Login Credentials has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies.
6. Links to External Websites
The Sites may include links to external websites or resources, for your convenience. Such third-party websites contain information created, published, maintained, or otherwise posted by organizations and entities independent of us. We are not responsible for the content of those websites, nor do we approve, endorse, or certify information available at these websites or any linked addresses contained therein. We make no warranties and hereby disclaim all liability as to the accuracy of the content and to any representations made concerning the quality of products or services provided on those websites or pages. We are also not responsible for the privacy policies or practices of those websites or of those companies.
7. Submissions to the Sites
By providing information or materials to the Sites (other than personal information, which is subject to our Privacy Policy), you grant to us an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, and transmit such information and materials for any purpose, including without limitation, disclosing any such information and materials as necessary to satisfy any law, regulation, or governmental request. You are prohibited from submitting or transmitting any material or communication through the Sites that we deem discriminatory, racist, offensive, pornographic, defamatory, harassing, threatening, inappropriate, violates any law, or infringes on any third party’s intellectual property rights. We reserve the right to take any available steps to prevent or prohibit any such transmission that violates this provision, which shall be determined at our sole discretion, and to take any appropriate legal action.
8. Changes to the Sites; Termination of Access
We reserve the right to, at any time, modify, suspend, discontinue, or reduce the functionality of the Sites (or any portion thereof), temporarily or permanently, with or without notice. In addition, we may suspend or terminate your access to the Sites at any time for any reason, at our sole discretion and without prior notice. To the fullest extent permitted by applicable law, you agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Sites (or any portion thereof) for any reason at any time.
9. Disclaimer of Warranties and Liability
Your use of this website and Content is at your own risk. Content may become inaccurate as a result of developments after its publication on these Sites. We assume no responsibility to keep Content current or to correct inaccuracies or errors in Content. The Content on these Sites and the operation of them are provided “as is,” and we disclaim all representations or warranties of any kind, either express or implied, including warranties of merchantability, fitness for particular purpose, title, non-infringement, accuracy, completeness, and timeliness. Certain jurisdictions may not permit certain disclaimers of warranties. In such case, we disclaim warranties to the fullest extent permitted by the applicable law.
WE SPECIFICALLY DISCLAIM ANY LIABILITY, whether based in contract, tort, negligence, strict liability, or otherwise, for damages of any kind including, but not limited to, any direct, indirect, incidental, consequential, special, punitive, and/or exemplary damages caused by, arising out of, and/or in any way connected with functionality or operation of, access to, use of, or reliance on the Sites or the Content (even if we or our representatives have been advised of the possibility of such damages) or that are caused by and/or arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the Sites, interruptions in telecommunications connections to the Sites, or viruses that may infect your computer equipment or other property, whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft, or destruction of, or unauthorized access to the Sites or the Content. This limitation of liability may be different in connection with specific products and services offered by us. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
10. Indemnification
You agree to defend and indemnify us, our affiliates, employees, and officers of each, from and against any and all third-party claims, debts, losses, liabilities, demands, obligations, actions, and causes of action, alleged claims or litigation, damages, judgments, judgments for damages, fines, penalties, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) caused by, arising out of, or resulting from your use of the Sites or the Content in a manner not expressly authorized by these Terms or that violates these Terms, any law, or the rights of a third party.
11. Dispute Resolution: Mandatory Binding Individual Arbitration and Class and Collective Action Waiver
The exclusive means of resolving any claim related to your use of the Sites or these Terms shall be BINDING ARBITRATION. Except as provided below in the case of a Mass Filing, the arbitration will be administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures. If you are a consumer, as defined by JAMS in its Consumer Minimum Standards, you may request that the arbitration hearing be conducted in the area in which you reside. Otherwise, the hearing (if any) shall take place in Marion County, Oregon, United States of America.
You agree to first give us an opportunity to resolve any claims by contacting us in writing (the “Claims Notice”). After receipt of a Claims Notice, we may request an individualized video or telephone conference which both parties will personally attend (with counsel, if represented). If we are not able to resolve your claims within sixty (60) days of receiving the Claims Notice, you may seek relief through arbitration, as set forth in this section. You agree that you will not take any legal action, including any demand for arbitration, until after the expiration of this 60-day dispute resolution period.
EACH PARTY WAIVES ITS RIGHTS TO GO TO COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY COVERED CLAIM.
If, at any time, twenty-five (25) or more claimants (including you) submit demands or seek to file demands for arbitration raising similar claims against us, and such circumstances meet the definition and criteria of Mass Filings (“Mass Filing”) set forth in National Arbitration & Mediation's (“NAM”) Mass Filing Supplemental Dispute Resolution Rules and Procedures (“NAM's Mass Filing Rules,” available at https://www.namadr.com/resources/rules-fees-forms/), you and we agree that JAMS shall not serve as the arbitration administrator and that instead NAM shall administer any such Mass Filing and the NAM Mass Filing Rules in effect at the time such claim is filed shall apply. You agree that throughout this process, the parties' counsel shall meet and confer to discuss modifications to these procedures, including the possibility of procedural consolidation of similar claims for arbitration, based on the particular needs of the Mass Filing. You acknowledge and agree that by electing to participate in a Mass Filing, the adjudication of your dispute might be delayed.
You and we agree that each party values the integrity and efficiency of arbitration and wishes to employ the process for the fair resolution of genuine and sincere disputes between the parties. You and we acknowledge and agree to act in good faith to ensure the processes set forth herein are followed.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, the laws of the United States and the State of Oregon, without giving effect to conflict of law principles thereof. Subject to Section 11, you hereby consent and submit to personal jurisdiction in the state and federal courts located in Marion County, Oregon.
13. Compliance with Law
We provide our Sites in accordance with United States law. By using our Sites or providing us with any information through the Sites, you acknowledge that our Sites are subject to United States law and that other countries and jurisdictions may not provide the same rights or protections as those in the United States or in the country where you reside or are a citizen. Persons who access these Sites do so on their own initiative and are responsible for compliance with applicable local laws and regulations. By downloading software or other material from the Sites, you represent and warrant that you are able to do so in full compliance with the laws of the United States and your resident country, including any applicable export controls.
14. General Information
Except for any Additional Terms that apply, this is the entire understanding between you and us regarding the use of the Sites and supersedes all prior and contemporaneous agreements and understandings between you and us regarding this subject matter. If any provision of these Terms is held to be invalid or unenforceable, it will not affect the validity or enforceability of any other provision hereof. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
15. Contact Information
If you have questions regarding these Terms of Use, you can contact us by email at sundial@cwres.com, by phone at 503.208.4888, or by postal mail at 2310 Lancaster Drive SE, Salem, OR 97317.