Last updated: April 28, 2020
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of this Policy:
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Company (referred to as either “the Company”, “Greensfelder”, “We”, “Us” or “Our” in this Policy) refers to Greensfelder Commercial Real Estate LLC, a California limited liability company.
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Account means a unique account created for You to access our Service or parts of our Service.
- Website refers to Greensfelder’s website, accessible from www.greensfelder.net
- Service refers to the Website.
- Country refers to: California, United States
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Personal Data is any information that relates to an identified or identifiable individual.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Collecting and Using Your Personal Data
Types of Data Collected
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
Usage Data is collected automatically when using the Service.
Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.
We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
Tracking Technologies and Cookies
You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service.
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close your web browser. Learn more about cookies: All About Cookies.
We use both session and persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies
Type: Session Cookies
Administered by: Us
Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies
Type: Persistent Cookies
Administered by: Us
- Functionality Cookies
Type: Persistent Cookies
Administered by: Us
Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
- Tracking and Performance Cookies
Type: Persistent Cookies
Administered by: Third-Parties
Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the Website. We may also use these Cookies to test new advertisements, pages, features or new functionality of the Website to see how our users react to them.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy.
Use of Your Personal Data
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
We may share your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For Business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
- With Business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
Retention of Your Personal Data
The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.
Disclosure of Your Personal Data
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
Detailed Information on the Processing of Your Personal Data
Service Providers have access to Your Personal Data only to perform their tasks on Our behalf and are obligated not to disclose or use it for any other purpose.
We may use third-party Service providers (such as by way of example and not limitation Google Analytics) to monitor and analyze the use of our Service, to allow tracking technologies and remarketing services on the website through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the website, determine the popularity of certain content and better understand online activity, and our Service providers may change from time to time. Within a reasonable period of time after written request is received by Us, we will provide You with the names of providers, and you may then use that information to obtain additional information directly from the provider about what type of information the provider collects. By accessing the Service, you consent to the collection and use of your information by these third-party vendors.
Marketing and Advertising
We may use Your Personal Data to contact You with newsletters, marketing or promotional materials and other information that may be of interest to You. You may opt-out of receiving any, or all, of these communications from Us by following the unsubscribe link or instructions provided in any email We send or by contacting Us. We may use Email Marketing Service Providers to manage and send emails to You. Constant Contact and Mail Chimp are examples of email marketing services we may use from time to time. For more information on a provider’s privacy practices, please contact the provider directly.
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware (without a duty of inquiry on Our part) that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Data with third parties for the third parties’ direct marketing purposes. If you’d like to request more information under the California Shine the Light law, and if you are a California resident, You can contact Us using the contact information provided below.
California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)
California Business and Professions Code section 22581 allow California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.
To request removal of such data, and if you are a California resident, You can contact Us through the Contact page on the website, and include the email address associated with Your account in the comments section. Be aware that Your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.
Links to Other Websites
Changes to this Policy and the Service
Greensfelder may terminate, change, suspend, or discontinue at any time any aspect of the Service, including the availability of any features of the Service. Greensfelder also may impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. Greensfelder may terminate the authorization, rights and license granted in these Conditions of Use.
Disclaimers and Limitations
Limitation of Liability
Greensfelder shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or other damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Greensfelder has been advised of the possibility of such damages), resulting from: (a) your use of or inability to use this web site; (b) unauthorized access to or alteration or your transmissions or data; (c) any statement or conduct of any third-party on this web site; or (d) any other matter relating to this web site.
Controlling Law; Venue and Jurisdiction; Limitations
The Greensfelder web site is controlled and operated by Greensfelder in the United States and is intended for use in the United States. Greensfelder makes no representation that materials on this web site are appropriate or available for use in other locations. Those who choose to access this web site from other locations do so on their own initiative and are responsible for compliance with local laws. By visiting the Greensfelder web site, you agree that the laws of the State of California, without regard to conflict of law principles, will govern these Conditions of Use and any dispute of any nature that may arise between you and Greensfelder in connection with this web site and the content hereof. You and Greensfelder agree to submit to the personal and exclusive jurisdiction of the courts located in Alameda County, California. If any provisions of these Conditions of Use are found by a court to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in this provision, and the other provisions of these Conditions of Use shall remain in full force and effect.
No Representations or Warranties
All content included on the Service, such as text, plans, reports, blog posts, reports, abstracts, case studies, graphics, logos, button icons, images and software is the property of Greensfelder or the attributed parties, and is protected by United States copyright, trademark or other laws.
The materials posted on the Greensfelder web site may be retrieved solely for your own personal use or in connection with any business relationship between you and Greensfelder and may be downloaded to your own hard disk or sent to a printer solely for that purpose and at your sole and absolute risk. You may not copy, modify or distribute the contents of this web site without the prior express written permission of Greensfelder. As a condition of your use of this web site, you agree not to use the content included on this web site for any unlawful, prohibited, or unauthorized use.
Copyrights and Trademarks
All information and content included on the Greensfelder web site is provided “as is” and without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. It is not Greensfelder’s policy to update content on this site, and Greensfelder hereby expressly disclaims any duty or obligation to provide any such updates. Greensfelder makes no representations about the accuracy, completeness, timeliness or reliability of any content available through this web site. You are responsible for verifying the accuracy of any information presented on this site before relying on it in any way. Use of this web site and the content available on this web site is at your sole and absolute risk.
You and Greensfelder agree that if they have any disagreement growing out of this Policy or the Service (a “Dispute”), that the Dispute will be submitted to binding neutral arbitration in Alameda County in accordance with rules of the American Arbitration Association (“AAA”) then in effect, and an AAA arbitrator with at least ten (10) years experience in dispute resolution in this field shall serve as our neutral arbitrator. The parties stipulate and agree not to seek to introduce in evidence, and not to compel the production of, documents prepared for, or statements made in the course of, our settlement discussions including a confidential mediation process in any subsequent arbitration, litigation, or administrative proceeding.
We stipulate and agree that no mediator shall submit, and no arbitrator, court, or other adjudicative body shall consider, any mediator evaluations, recommendations, declarations, or findings, unless all mediation participants specifically later agree in writing. We agree that judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. We agree that in any action, or arbitration claim, brought to interpret or enforce the terms of this Policy, and any written settlement agreements as described above, that each party shall bear their own costs, and the party initiating arbitration shall bear the cost of the arbitration.
NOTICE: BY USING THE SERVICE, YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS ARBITRATION OF DISPUTES PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE “ARBITRATION OF DISPUTES” PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER USING THE SERVICE, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE.
AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY, HOWEVER, BY USING THE SERVICE, YOU ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THIS “DISPUTE RESOLUTION” PROVISION TO NEUTRAL ARBITRATION.
(i) The captions of the various sections and paragraphs of this Policy are for convenience only and are not a part of this Policy and do not in any way limit or amplify the terms and provisions of this Policy. (ii) Any uncertainty or ambiguity existing in this Policy shall not be interpreted against Greensfelder because Greensfelder prepared any portion of this Policy, but shall be interpreted according to the application of rules of interpretation of contracts generally. (iii) Where the context so indicates, references to the singular includes the plural, references to the masculine includes the feminine and neuter, and references to the neuter includes the masculine and feminine. (iv) This Policy sets forth the entire Policy, supersedes all prior oral and written Policies, and may not be changed or terminated orally or by any agreement unless in writing and signed and dated by an authorized officer of Greensfelder, detailing what change is made and the legal name of the person or entity for whom the change is made.