terms & privacy policy

Terms of Use

This Terms of Use agreement (“Terms of Use”) is a legal agreement between Rose Associates, Inc. (“Rose Associates,” “we,” or “us”) and you, as a user of this web site (“Site”).  This Terms of Use applies to all web sites on which it is posted or linked.  By accessing information on this Site, you acknowledge that you have read, understand and agree to comply with the terms and conditions stated within this Terms of Use.  Rose Associates provides this Site subject to your compliance with this Terms of Use. Please read the following information carefully prior to using the Site. If you do not agree to abide by such Terms of Use you may not access the Site. Your use of the Site constitutes your binding acceptance of this Terms of Use, including any modifications that we make.

Our Site includes a combination of content that we create based on information prepared by our clients. We own or are licensed to use all materials published on our Site. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on our Site in whole or in part without our express written permission.

Our Site contains content that we create as well as content provided by third parties. We do not guarantee the accuracy, the integrity, or the quality of the content on our Site, and you should not rely on any of this content.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice: restrict, suspend, or terminate your access to all or any part of our services; change, suspend, or discontinue all or any part of our services; refuse, move, or remove any content or information that is available on our Site or that has been provided by you to Rose Associates; or establish general practices and limits concerning use of our Site.

You agree that we will not be liable to you or any third party for taking any of these actions.

All of the information that we collect from you, such as registration and credit card information, is subject to our privacy policy located at [INSERT LINK].

Unauthorized access to our Site is a breach of these Terms of Use and a violation of the law. You agree not to access our Site by any means other than through the interface that is provided by us for use in accessing our Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our Site, except those automated means that we have approved in advance and in writing.

Without limiting the foregoing, you agree that you will not use our Site to take any of the following actions: transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Site, any software or hardware, or telecommunications equipment; download any file that you know or reasonably should know cannot be legally obtained in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material; collect or store personal information about other end users; interfere with or disrupt our Site, servers, or networks; forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our Site or to manipulate your presence on our Site; or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

Rose Associates disclaims any responsibility for any harm resulting from downloading or accessing the Site.

WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR SITE. OUR SITE AND ITS CONTENT IS DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. WE DO NOT MAKE ANY WARRANTY THAT (i) OUR SITE WILL MEET YOUR REQUIREMENTS, (ii) OUR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS WILL BE CORRECTED. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

ROSE ASSOCIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree, at your expense, to indemnify, defend and hold harmless Rose Associates, its officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of your breach of this Terms of Use or in connection with your use of this Site or any product or service related thereto.

You hereby acknowledge and consent that such notices will be effective upon our posting them on our Site.

All registered and/or unregistered trademarks and/or service marks (collectively, “Marks”) used or referred to on this Site are the property of Rose Associates, unless otherwise noted.  You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way without our prior written permission.  The use of Rose Associates Marks on any other web site, without authorization, is prohibited.

At times, the Site may contain links to third-party web sites, which are not under the control of Rose Associates.  Rose Associates makes no representations whatsoever about any other web site to which you may have access through the Site.  When you access another web site, you do so at your own risk and acknowledge that Rose Associates is not responsible or liable for any content, advertising, products or other materials available from such third party sites.  You also agree that Rose Associates shall not be liable for any loss or damage of any sort incurred as the result of using any third party’s web site.  Mention of third-party companies and web sites on the Site is for informational purposes only and does not constitute an endorsement or recommendation.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

This Site is compliant with the Digital Millennium Copyright Act. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us with the appropriate details. Our e-mail address is info@rosenyc.com and our mailing address is Rose Associates, Inc., 200 Madison Ave., New York, NY 10016.

Our Site is not directed to children under the age of 13. We operate our Site in compliance with the Children’s Online Privacy Protection Act and do not permit registration by, and will not knowingly collect or use personally identifiable information from, anyone under 13 years of age.

We believe that our Site should be friendly and easy-to-use for all consumers, including those with disabilities and compliant with Americans with Disabilities Act. In that spirit, we have developed the Site, which expresses our commitment to the development of a web site that is accessible to all users, including those with disabilities. If you are having difficulty using our Site or have recommendations for improvements, please contact us. Our e-mail address is info@rosenyc.com and our mailing address is Rose Associates, Inc., 200 Madison Ave., New York, NY 10016.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and Rose Associates and supersedes any prior agreements that you may have with us.

These Terms of Use shall be construed in accordance with the laws of the State of New York and all actions involving Rose Associates shall be initiated in an appropriate New York court.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.

Effective Date: [INSERT DATE OF POSTING]

Privacy Policy

Rose Associates, Inc. (“Company”, “we”, or “us”) is committed to protecting consumer privacy. We understand that users of our web site (“Site”) are concerned about their confidentiality and privacy, and we take commercially reasonable steps to ensure that any personal information you give to us is handled in a safe and responsible manner.  This Privacy Policy applies to all web sites on which it is posted or linked.  This Privacy Policy was developed and continues to be monitored and updated to effectively communicate the privacy practices of the Company and our continuing commitment to safeguard the information we collect about you during your use of the Site.

You are protected by various state and federal laws with respect to consumer privacy, including, without limitation, Section 5 of the Federal Trade Commission Act, which prohibits unfair and deceptive practices and the Fair Credit Reporting Act (FCRA), as amended by the Fair and Accurate Credit Transactions Act of 2003 (FACTA), which promotes accuracy in consumer reports and ensures the privacy of information contained therein.

It is important to remember that by using the Site, you acknowledge and agree to the terms of this Privacy Policy. We suggest that you refer to this Privacy Policy on a regular basis as it may change, at any time, in the Company’s sole discretion, to account for technological advances, business changes or for any other practical or legal reasons associated with protecting consumer privacy.  When we change this Privacy Policy, we will also revise the “last update” date at the bottom of this Privacy Policy.  For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information you have provided to us, we will attempt to obtain your consent before implementing the change by sending a notice to the primary e-mail address specified by you or by placing a prominent notice on the Site.

Information That We May Collect

Information Request

We may collect information about you through our “Contact Us” or apartment search pages.  This information may include your name, e-mail address, phone number, and move-in date, and any other information required for us to contact you or assist in your property search (collectively, “General Information”).

Application Information

We do not collect information about you unless you expressly instruct us to collect your information as part of a lease application process. This information may include, without limitation, name, social security number, address, phone number, rental history, employer, bank information, financial status, and any other personal information generally required to complete a residential lease and credit application (collectively, the “Application Information”).

Use Tracking

In the course of using the Site, we may also automatically track certain information about you. This information may include the URL of the web site you visited prior to our Site (whether this URL is on the Site or not), which URL you visit after this Site (whether this URL is on the Site or not), what browser you are using, and your Internet Protocol (IP) address. Many sites automatically collect this information. We do not collect or use this information to create a profile about you. We may also decide to use cookies on certain pages of the Site. Cookies can help us provide information which is targeted to your interests. Cookies are stored on your hard drive, not on the Site. Most cookies are “session cookies,” meaning that they are automatically deleted at the end of a session (collectively the URL tracking and cookies are referred to as the “Site Use Information”).

From time to time, we may collect personal information from you in other ways that are not described above. If you do not want us to collect your personal information, please do not provide it to us. You are responsible for ensuring the accuracy of the personally identifiable information that you submit to us.  Inaccurate information will affect the information you receive when using our Site and tools and our ability to contact you as described in this Privacy Policy.

Our Use of Your Information

The General Information you provide to us is used solely in order to deliver services to you, such as apartment information you request, or to complete a transaction requested by you, such as to arrange an apartment or property viewing. We may also use your personally identifiable information to contact you about apartments or services that we believe may be of interest to you.

The Application Information you provide to us is used solely for the purpose of requesting a credit report and making an evaluation of your lease application. Only third party credit reporting service providers, employees, brokers and other authorized personnel on a need-to-know basis have access to the Application Information and such access is only for purposes of conducting a fair evaluation of your lease application. We use On-Site Manager, Inc. (www.on-site.com) to assist in obtaining credit reports in connection with your lease application and for other management purposes with respect to our properties. The use of your Application Information provided to On-Site Manager, Inc. for purposes of the credit application is subject to the policies of On-Site Manager, Inc. The Company shall not be responsible for any use of such Application Information by On-Site Manager, Inc. based on their privacy policies. You may contact On-Site Manager, Inc. directly should you have specific questions regarding their policies. We and/or On-Site Manager, Inc. may contact any individual(s) or organization(s) contained in your lease application solely for purposes of verifying the information you provide to us and you authorize us to do so by completing our lease application.

We internally use the Site Use Information to improve our services, to statistically analyze web site usage, to improve our content, to customize the Site’s content and layout and for other customer service purposes. We believe these uses allow us to improve the Site and better tailor it to meet our users’ needs.

We do not sell, lend or rent any personally identifiable information about you to any third parties outside of the Company, its parent, affiliates, subsidiaries, authorized agents and service providers, operating companies and other related entities.

We may also use or disclose personally identifiable information:

•  To investigate and respond to any violations of the Site’s Terms of Use;

•  To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Site and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, and sending customer communications on our behalf);

•  To notify you about a material change to this Privacy Policy or the Terms of Use, if necessary;

•  To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, or sales of all or substantially all of our assets;

•  To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties; and

•  To handle any physical or other type of threat made to you or others, to protect property or to defend or assert legal rights.

We can (and you authorize us to) disclose any information about you as required by law, including voluntary disclosures to law enforcement agencies and government officials, as we, in our sole discretion, believe necessary or appropriate.

Unfortunately, due to the existing regulatory environment, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), third parties may unlawfully intercept or access files, transmissions or private communications. Therefore, although we use industry standard practices to protect personally identifiable information, we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private.

Disposal of Information

Pursuant to the requirements of the Disposal Rule, a part of the Fair and Accurate Credit Transactions Act of 2003 (FACTA), the Company will use reasonable and appropriate measures to prevent the unauthorized access to – or use of – the Application Information you provide to us. This may include the physical destruction of files containing your Application Information and the destruction of electronic files or media containing your Application Information. The Company uses commercially reasonable measures, in its discretion, to properly dispose of your Application Information.

Third Party Collectors of Information

Our Privacy Policy only addresses the use and disclosure of information we collect from you. To the extent that your information is disclosed by you to third parties, whether through brokers, our clients, service providers, advertisers or other sites throughout the Internet, different rules may apply to their use or disclosure of your information. Th     ese third parties adhere to their own privacy customs and policies. Because we do not control the privacy policies of third parties, you are subject to the privacy customs and policies of that third party. We do not make any representations or warranties as to how such third parties may use your information.

Adverse Action

The Company will notify you and/or your broker of any unfavorable action taken with respect to your lease application (whether based entirely or partly on the credit report provided by On-Site Manager, Inc.) (“Adverse Action”). In the event any Adverse Action is taken based solely or partly on the credit report provided by On-Site Manager, Inc., we will notify you and provide you with additional information with respect to the source of the credit report and contact information.

Suggestions You Make

This Privacy Policy does not apply to any content, business information, ideas, concepts or inventions that you may elect to send to us by e-mail anywhere on the Site. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them in an e-mail to us or post them in any way.

Links to Third Party Sites

From time to time, we may offer you content through a web site hosted and operated by a third party.  In addition, the Site may contain links to other third party web sites operated by companies that are not affiliated with us and that do not have contracts to provide content or services through us. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. We do not endorse and are not responsible for the privacy practices of these sites. If you choose to link to one of these third party web sites, you should review the privacy policy posted on such a web site to understand how that web site collects and uses your personally identifiable information.

Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Site.

California Privacy Rights

Beginning on January 1, 2005, California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personally identifiable information to third parties for their direct marketing purposes. To make such a request, please contact us:

[INSERT ADDRESS]

Contacting the Site

If you have any questions about this Privacy Policy, or if you would like to review, change or remove your personal information, you can e-mail us at info@rosenyc.com. Additionally, you can contact us by writing to: Rose Associates, Inc., 200 Madison Avenue, New York, NY 10016-3998.