RentCafe Privacy Policy

Privacy Notice for Texas Residents

Effective on July 1, 2024

Last Reviewed on June 26, 2024

This Privacy Notice for Texas Residents (the “Privacy Notice”) supplements the information provided in our general privacy notice and applies to all consumers as that term is used under the Texas Privacy Act. Terms that are defined in the Texas Privacy Act have the same meaning when used in this notice. The Texas Privacy Act is applicable to Avenue5 Residential LLC (“Avenue5” or “us” or “we”). Avenue5 is a “processor” and Aveunue5 believes that the owners of properties managed by Avenue5 are “controllers” under the Texas Privacy Act. This Privacy Notice applies to Avenue5’s corporate website (in the circumstances in which it may be a controller) and websites of the properties managed by Avenue5 (unless they have a separate privacy policy).

Categories of Information Processed

Property owners for whom we manage have collected or may collect and process the following categories of information.

Collected	Shared with a Third Party[1]	Category
Yes	Yes	Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
Yes	Yes	Personal data, which means any information, including sensitive data, that is reasonably linkable to an identified or identifiable individual. This includes pseudonymous data when the data is used by a controller or processor in conjunction with additional information that reasonably links the data to an identified or identifiable individual. Personal data does not include deidentified data or publicly available information.
Yes	Yes	Characteristics of protected classifications under Texas or federal law, such as age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information)
No	Yes	Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies
[Yes/No]	[Yes/No]	Biometric data, which means data generated by automatic measurements of an individual’s biological characteristics. The term includes a fingerprint, voiceprint, eye retina or iris, or other unique biological pattern or characteristic that is used to identify a specific individual. The term does not include a physical or digital photograph or data generated from a video or audio recording, or information collected, used, or stored for health care treatment, payment, operations under Health Insurance Portability and Accounting Act of 1996 (42 U.S.C. Section 1320d et seq.).[JG1]
Yes	Yes	Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an internet website, application, or advertisement
Yes	Yes	Precise geolocation data that means information derived from technology, including global positioning system level latitude and longitude coordinates or other mechanisms, that directly identifies the specific location of an individual with precise accuracy within a radius of 1,750 feet. This does not include the content of communications or any data generated by or connected to an advanced utility metering infrastructure system or to equipment for use by a utility.
No	No	Sensory data, such as audio, electronic, visual, thermal, olfactory, or similar information
Yes	Yes	Professional or employment-related information, including current or past job history or performance evaluations
No	No	Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99), which may include education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records
No	No	Inferences drawn from any of the information identified in this table to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Yes	Yes	Sensitive data is a category of personal data. This includes (a) personal data revealing racial or ethnic origin, religious beliefs, mental or physical heath diagnosis, sexuality, or citizenship or immigration status; (b) genetic or biometric data that is processed for the purpose of uniquely identifying an individual; (c) personal data collected from a known child; or (d) precise geolocation data.

Sources of Information Collected

Information is collected from the following sources:

Directly from you. For example, from forms you complete or products and services you purchase.

Indirectly from you, such as by observing your actions on our website. Examples include automated technologies, automated interactions, and cookies.

From third parties with whom we have a contractual relationship with respect to the performance of a business function, such as third-party service providers, third-party advertising partners, Google Analytics, and third-party cookies.

Business and Commercial Purposes for Collecting, Selling, and/or
Sharing Personal Data and Sensitive Data

Personal data may be collected, sold, and/or shared for the following purposes:

To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal data to respond to your inquiry. If you provide your personal data to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders.

To process rental applications, run credit checks in connection with your rental application, generate leases for tenants, manage properties, provide customer service to you, communicate with you, provide maintenance and repair services, obtain payment from you, and perform all other tasks that are customary in rendering property management services to tenants or applicants.
To provide, support, personalize, and develop our website, products, and services.

To create, maintain, customize, and secure your account with us.

To process your requests, purchases, transactions, and payments and prevent transactional fraud.

To provide you with support and respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.

To personalize your website experience and deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our website, third-party sites, and via email or text message (with your consent, where required by law).

To help maintain the safety, security, and integrity of our website, products and services, databases and other technology assets, and business.

To advise you of product and service offerings by third parties that may be of interest to you.

For testing, research, analysis, and product development, including to develop and improve our website, products, and services.

To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

As described to you when collecting your personal data or as otherwise set forth in Texas Privacy Act.

To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our website users is among the assets transferred.
To effectuate other purposes disclosed to you at the time you provide your information.

Categories of Third Parties to Whom Personal Data is Disclosed

Personal information may be shared or disclosed to the following categories of third parties:

Property owners for whom we manage or on whose behalf we may collect such information
Service providers

Contractors, third parties, and government and pseudo-government agencies

Data aggregators

Service providers.

No Personal Data and Sensitive Data Sales

We do not sell the personal data or sensitive data of consumers.

We do not sell personal data or sensitive data of consumers to third parties or process personal data for targeted advertising.

As discussed in this Privacy Notice, properties that we manage share personal data and sensitive data under certain circumstances. This sensitive data may also be shared with, among others, service providers, contractors, or third parties.

Your Rights and Choices

The Texas Privacy Act provides consumers with specific rights regarding their personal information. This section describes your Texas Privacy Act rights and explains how to exercise those rights.

Personal Data Rights and Requests to Exercise Rights

A consumer has the right to request that a controller disclose certain information to you concerning your personal data. A parent or legal guardian may request that a controller disclose the personal data for a known child.

You have the right to request that a controller confirm whether it is processing your personal data and/or has access to your personal data.

You have the right to request that a controller correct inaccuracies to the personal information about you, taking into account the nature of the personal data and the purposes of processing the personal data.

You have the right to request that a controller delete personal information about you which has been collected from you or another source.

If the data is available in a digital format, you have the right to request that a controller provide a copy of the of the personal data that you previously provided to a controller in a portable, and to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance.

You have the right to request that a controller opt out of processing your personal data for the purposes of (a) targeted advertising; (b) the sale of personal data; or (c) profiling in furtherance of a decision that produces a legal or similarly significant effect concerning you as a consumer.

You can submit a request related to the Texas Privacy Act by:

Calling us at 206.693.6503

Emailing us at [email protected]

Mailing us at Avenue5, Attention: Data Privacy Department, 901 5th Avenue, Suite 3000, Seattle, Washington, 98164

Exercising Information, Access, Data Portability, and Deletion Rights

Please submit a verifiable consumer request to exercise the rights described herein. You should describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. Only you, or someone authorized to act as your agent, may make a verifiable consumer request related to your personal data, including to opt out of the processing of a consumer’s data under sections 541.051(b)(5)(A) and (B) of the Texas Privacy Act. A consumer may designate an authorized agent using technology, including a link to internet website, an Internet browser setting or extension, or a global setting on an electronic device, that allows the consumer to indicate the consumer’s intent to opt out of the processing.

The controller shall comply with an opt-out request received from an authorized agent, as described in applicable subsection 541.055 of the Texas Business and Commerce Code, if it is able to verify, with commercially reasonable effort, the identity of the consumer and the authorized agent’s authority to act on the consumer’s behalf. The controller is not required to comply with an opt-out request received from an authorized agent under the applicable subsection if:

The authorized agent does not communicate the request to the controller in a clear and unambiguous manner;
The controller is not able to verify, with commercially reasonable effort, that the consumer is resident of Texas;
The controller does not possess the ability to process the request; or
The controller does not process similar or identical requests it receives from consumers for the purpose of complying with similar or identical laws or regulations of another state.

Response Timing and Format

The controller endeavors to respond to a verifiable consumer request within forty-five days after its receipt. If the controller requires more time, it may extend the response period once by an additional forty-five days when reasonably necessary, taking into account the complexity and number of the consumer’s requests. The controller will inform you of the reason and extension period in writing before the expiration of the initial forty-five days.

If the controller declines to take action regarding a consumer request, it shall inform you without undue delay, which may not be later than the forty-fifth day after the receipt of the consumer request. The response will include the justification for declining to take action and will provide instructions on how to appeal the decision in accordance with the Texas Privacy Act. The appeal process is also noted below.

If the controller is unable to authenticate the request using commercially reasonable efforts, the controller is not required to comply with a consumer request submitted under section 541.051 of the Business and Commerce Code. The controller may request the consumer provide additional information reasonably necessary to authenticate the consumer and the consumer’s request.

If the controller has obtained personal data about a consumer form a source other than the consumer and the consumer requests the controller delete that personal data pursuant to section 541.051(b)(3) of the Texas Privacy Act, the controller will be in compliance with the request by:

Retaining a record of the deletion request and the minimum data necessary for the purpose of ensuring the consumer’s personal data remains deleted from its records and not using the retained data for any other purpose under Chapter 541 of the Texas Business and Commerce Code; or
Opting the consumer out of the processing of the personal data for any purpose other than a purpose that is exempt under the provisions of Chapter 541 of the Texas Business and Commerce Code.

The controller will not require you to create a new account with it to exercise your rights under Subchapter D of Chapter 541 of the Texas Business and Commerce Code. If you have an account with the controller, the controller will deliver its written response to that account. [JG6] If the consumer does not have an account with the controller, it will deliver the written response by mail or electronically, at your option.[JG7]

The controller does not charge a fee to process or respond to your verifiable consumer request at least twice annually per consumer. If a consumer request is excessive, repetitive, or manifestly unfounded, the controller may charge a reasonable fee to cover the administrative costs of complying with the request or the controller may decline to act on the request.

Non-Discrimination

A controller will not discriminate against you for exercising any of your Texas Privacy Act rights, including by:

Denying you goods or services;

Charging you different prices or rates for goods or services; or
Providing a different level of quality of goods or services to the consumer.

Appeal Process

If a consumer submits a request, as described in the Texas Privacy Act, and a controller refuses to take action on a request, a consumer may appeal within a reasonable period of time after the consumer’s receipt of the decision under Section 541.052 of the Texas Business and Commerce Code.

The consumer may submit their appeal by contacting the controller by the same manner they submitted the original request related to the Texas Privacy Act by:

Calling us at 206.693.6503

Emailing us at [email protected]

Mailing us at Avenue5, Attention: Data Privacy Department, 901 5th Avenue, Suite 3000, Seattle, Washington, 98164

The controller shall inform the consumer in writing of any action taken in response to the appeal under Section 541.052 of the Texas Business and Commerce Code not later than the sixtieth day after the date of receipt of the appeal by the controller. This response will include a written explanation of the reason or reasons for the controller’s decision.

If the controller denies an appeal, the controller shall provide the consumer with the online mechanism described in Section 541.152 of the Texas Business and Commerce Code, through which the consumer may contact the attorney general and submit a complaint.

Deidentified Data

To the extent Avenue5, as a controller, is in possession of deidentified data, it:

Shall take reasonable measures to ensure that the data cannot be associated with an individual;
Publicly commits to maintaining and using deidentified data to comply with the provisions of the Texas Privacy Act; and
Shall contractually obligate any recipient of the deidentified data to comply with the provisions of the Texas Privacy Act.

Changes to the Privacy Notice

Avenue5 reserves the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated notice on the website and update the notice's effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Avenue5 collects and uses your information described below and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under Texas law, please do not hesitate to contact us at:

Phone: 833.391.0247

Email: [email protected]

Postal Address: Avenue5, Attention: Data Privacy Department, 901 5th Avenue, Suite 3000, Seattle, Washington, 98164