Last Revised: January 1, 2021
The Policy explains what Personal Information we collect, why we collect it, how we use it internally and under what circumstances we may share it with third parties. THIS POLICY AND OUR COLLECTION, USE AND RETENTION OF PERSONAL INFORMATION IS AT ALL TIMES SUBJECT TO ALL OF OUR OTHER LEGAL, CONTRACTUAL, REGULATORY, RECORD RETENTION AND OTHER COMPLIANCE REQUIREMENTS AND OBLIGATIONS APPLICABLE TO OUR BUSINESS AND SHALL NOT ACT TO AMEND OR MODIFY ANY OF THOSE REQUIREMENTS AND OBLIGATIONS. The Policy also explains how we protect your Personal Information and your choices in managing it.
We encourage you to read this Policy, as well as our Terms and Conditions of Use of this Site (“Terms”), which are incorporated herein by reference. Use of this site constitutes your acceptance of this policy and the terms.
Minimum Age to Use this Site
THIS SITE IS INTENDED FOR USERS AGE EIGHTEEN (18) AND OLDER. By using this Site, you acknowledge that you are at least 18 years old. The Site is not intended for children and we do not knowingly collect Personal Information from children.
About MMG Real Estate Advisors
MMG is an active player in the U.S. Commercial Real Estate (“CRE”) market. We represent sellers and buyer entities in their attempts to purchase any number of CRE property types, including, but not limited to, apartments, senior housing, affordable housing, student housing, land, and single-family rental housing.
Privacy Rights in Personal Information
You have the right to know about Personal Information collected, used, disclosed or sold, and retained by MMG. You have the right to request that we delete your Personal Information, subject to our legal, contractual, regulatory, record retention and other business compliance requirements and obligations. You have the right to be treated without discrimination in the exercise of your privacy rights.
What is Personal Information (PI)?
For purposes of this Policy, Personal Information (or “PI”) means any information that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, directly or indirectly, with a specific individual or household of individuals. More specifically, Personal Information includes …
- Information obtained in connection with our Business and Services from or on behalf of property owners, borrowers, guarantors, purchasers and potential purchasers of CRE, lenders, servicers, investors, other transaction participants, and their affiliates about themselves, their employees, their other representatives, their equity owners, their CRE and other assets (including, but not limited to, information about their tenants, lease applicants and related parties, vendors and other service providers), and their other business activities (which may include information about other third parties).
- Information obtained in connection with our Business and Services from our third-party vendors and data providers.
- Information obtained from other private and public sources in connection with our Business and Services.
- Identifiers such as real name, alias, postal address, unique personal identifier (e.g., cookies, beacons, pixel tags), IP address, device identifier, email address, account name, Social Security Number (SSN) or Taxpayer Identification Number (TIN), driver’s license number, passport number or other similar identifiers.
- Transaction histories and related information, as well as CRE and related personal and other property, products or services purchased, obtained and/or considered by or through MMG, as well as transaction histories, preferences and other activities.
- Internet browsing history, search history, interactions with a web site, application, advertisement or other online activities.
- Geolocation data.
- Biometric information.
- Audio, electronic, visual, thermal, olfactory or similar information.
- Professional or employment-related information.
- Characteristics of protected classifications (e.g., race, religion, sex, national origin, etc.).
- Educational information.
- Inferences drawn to create a profile of an individual reflecting the person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities and aptitudes.
- Personal Information generally does not include publicly available information, that is, information that is lawfully made available from federal, state or local government records.
How We Collect and Use Personal Information
We collect Personal Information in a number of ways, depending on the features of our Site that you use and, if you are a customer or potential customer of MMG or otherwise have business dealings with MMG, the specific Services or Business which you have engaged or in which you participate and/or the Application(s) that you are using:
The MMGrea.com Public Website
When You Use Our Publicly Available Website:
When you engage in certain activities on the Site, the Site may ask you to provide certain information about yourself or your business activities (which may include Personal Information about others) by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, we may ask you to provide Personal Information. Depending upon the activity, some of the information that you will be asked to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a specific activity, you will not be able to engage in that activity. If you provide Personal Information about others, you must strictly comply with your legal obligations to those whose Personal Information you provide, and you hereby agree to be liable for and indemnify us against any and all claims, losses or damages relating to providing us with, and/or our usage of, any such Personal Information.
We may use Personal Information to: (1) process a transaction that you initiate or in which you are otherwise involved (either directly as a participant, or indirectly as being associated with a participant or related CRE property), (2) provide Services that you request or which otherwise may relate to you (either directly or indirectly, through your association with a client or potential client, a transaction, or a CRE property), (3) engage in our other Business activities that may relate to you, your CRE property, or your business activities or which otherwise may relate to you (either directly or indirectly, through your association with a client or potential client, a transaction, or a CRE property), (4) allow you to participate in Site and Application features we offer, or to provide related customer services, including, without limitation, to respond to your questions, complaints or comments; (5) tailor Site and Application content we display to you; (6) provide you with information, products or Services that you have requested, agreed to receive or may be of interest to you; (7) send you CRE property and market reports and related information, (8) send you marketing materials and other information about us, our clients and potential clients, CRE properties and related businesses, and our third-party business partners; (9) improve the Site, as well as other Services and products, and for internal Business purposes; (11) contact you with regard to your use of the Site, in our discretion, changes to the Site policies or functionality; (12) permit other users to contact you, and vice versa, if those features are present in the Site; (13) respond to audit requests and legal processes and otherwise to comply with our legal, contractual, regulatory, record retention and other business compliance requirements and obligations, and (14) for purposes as disclosed at the time you provide information about you or others or otherwise with your consent (as the supplier of such information), and as further described in this Policy.
- Website Usage Information That We Collect.
In addition to any Personal Information that you choose to submit to our Site, we and our third-party service providers, including any third-party content providers, may use a variety of technologies that automatically or passively collect certain information whenever you visit or interact with our Site (“Usage Information”). Usage Information may include the browser and operating system you are using, the URL or advertisement that referred you to our Site, the search terms you entered into a search engine that led you to our Site (if applicable), all of the areas within our Site that you visit, and the time of day you visited the Site, among other information. We may use Usage Information for a variety of purposes, including enhancing or otherwise improving the Site and our other products and Services. In addition, we may automatically collect your IP address or other unique identifier (“Device Identifier”) for any computer, mobile phone or other device (any, a “Device”) you may use to access the Site. A Device Identifier is a number that is automatically assigned to your Device used to access a Site and our servers identify your Device by its Device Identifier. Some mobile service providers may also provide us or our third-party service providers with information regarding the physical location of the Device used to access a Site. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Information.
The Methods We Use to Collect Usage Information Include the Following:
Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider. It is active only while you are connected to the Site and is deactivated or deleted thereafter.
We collect Usage Information to support your participation in the features and activities you have selected on the Site. We may also use the information to keep you informed about new or improved MMG offerings and those of third parties. We may de-identify or aggregate the data and provide it to third parties for statistical analysis to improve the Site. We may also disclose any information as required by law or any governmental agency.
How Our Business Collects and Uses Personal Information
As a real estate brokerage/investment sales business, MMG works with the following Personal Information and uses it for the purposes described in this Policy.
Our Investment Sales Business uses Personal Information to facilitate CRE purchase and sale and related transactions. We may receive Personal Information about the parties to the transaction and their affiliates and their respective representatives and business associates, as well as the tenants and lease applicants at the related properties (such as tenant and lease guarantor names, addresses, contact information, financial information and other information obtained from third- party vendors). We may share this information among the parties to the transaction and their affiliates and their respective representatives and business associates, their lenders and other capital sources and as otherwise needed to facilitate the closing of each transaction and to help us comply with our legal, contractual, regulatory, record retention and other business compliance requirements and obligations, as described above.
How We Disclose Your Personal Information
MMG does not sell Personal Information to third parties. If and when we disclose Personal Information to third parties, it is generally in furtherance of (and otherwise subject to) our legal, contractual, regulatory, record retention and other business compliance requirements and obligations, as described above. We may also disclose Personal Information to trusted third-party vendors that provide services to MMG on a confidential basis in support of our operations.
We may disclose Personal Information:
- To Customers and Other Participants to Transactions in Which We Participate.
Personal Information received by MMG in connection with CRE loan origination, servicing, purchase and sale, and affordable housing syndication transactions are provided to various third parties on a need-to-know basis. Disclosure generally includes certain information about the parties to each transaction and the related CRE properties. CRE property information may include Personal Information about tenants and lease applicants at a property (such as tenant and lease guarantor names, addresses, contact information, financial information and other information obtained from third-party vendors). Parties who may receive such information include third-party vendors who provide certain services to transaction participants, other lenders, servicers and investors, affiliates of the transaction participants, rating agencies, regulatory authorities and other parties with a related interest in any such transaction. If and when we disclose Personal Information under the foregoing circumstances, we do so in furtherance of (and otherwise subject to) our legal, contractual, regulatory, record retention and other business compliance requirements and obligations, as described above.
- To Third-Party Service Providers and Vendors under Contract with Us.
MMG may share Personal Information with third-party service providers and vendors that have entered into written agreements with MMG to perform or support various initiatives. For example, we may share Personal Information with property appraisers, inspectors, lenders, loan servicers, attorneys, accountants, order processors, fulfillment services and others. Our vendor agreements typically contain contractual protections for the proper use and protection of Personal Information and other confidential information.
- To Support Third-Party Analytics Providers and Ad Servers.
Although the Site currently does not display ads from third parties, MMG works with network advertisers, ad agencies, third-party traffic measurement services and other vendors to provide us with information regarding traffic on the Site, to serve our advertisements on other web sites, within third-party applications, and across the internet, and to provide us with information regarding the use of the Site and the effectiveness of our advertisements. For example, if you clicked on a MMG advertisement or other link that led you to our Site, our service provider(s) may be able to tell us which MMG advertisement or link you clicked and where you were viewing the advertisement or link. In connection with providing analytics and advertisement services, our service providers may collect certain information about your visits to this or other web sites. We do not share Personal Information with these service providers, but they may set and access their own tracking technologies on your Device (including cookies and web beacons) and may otherwise collect or have access to information about you (such as your general interest in real estate and Usage Information). Cookies and web beacons, including those set by third-party network advertisers, may be used to, among other things, target advertisements, prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. We may share Usage Information about visitors with third-party advertising companies, analytics providers and other vendors for similar purposes.
- To Maintain Our Business Records and to Fulfill Your Specific Requests.
We may collect and maintain Personal Information (e.g., your name, contact information and other personal data) within our Business contacts databases. Based on your profile, we may use such Personal Information to send you information you have requested, to notify you about specific CRE opportunities or to provide you with reports and other information that may be of value to you. Specifically, we may notify you of upcoming seminars or programs sponsored by MMG, about Applications that we believe could benefit you or other offerings. You can generally avoid receiving such communications either by not subscribing to them (e.g., an email list) or by opting out later. For example, our email newsletters contain an “unsubscribe” link at the bottom of each email that you can use to manage your subscription to that newsletter.
- For Data Analytics and Site Improvements.
We gather data about your use of our Site and Services in order to perform data analytics and to improve our Service and other Business offerings. In some cases, we may use third-party data analytics services to assist us with data gathering and analysis. For example, we may gather data about the web pages you visit, how long you visit them, whether you disengage from a specific page and other metrics that allow us to improve our offerings. Third-party analytics services are subject to contractual restrictions consistent with this Policy.
- For Legal Obligations and Compliance, Law Enforcement and Public Safety Purposes.
We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, internet service providers, wireless service providers or law enforcement agencies in our discretion. These disclosures may be carried out without notice to you.
- In the Event of an Actual or Contemplated Sale of MMG.
We reserve the right to disclose and transfer all information related to our Business, our Services, and the Site, including Personal Information: (i) to a subsequent owner, co-owner or operator of our Business, our Services, and the Site; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of certain of our ownership interests, assets, or both, or other change of ownership, including, without limitation, during the course of any due diligence process in connection with a potential sale transaction.
OTHER POTENTIAL SOURCES AND USES OF PERSONAL INFORMATION
Personal Information Received from Outside of the United States
If you access or use our Site or Services from locations outside the United States, you consent to all data transfers and usage rights specified in this Policy and you agree to be solely responsible for compliance with your local laws and regulations with respect to any Personal Information you may transfer to or from the United States. We note that the data protection and privacy laws in the United States may offer a different level of protection than in your country or region.
Employment Applications, Records and Related Information
If you apply for a position at MMG or we receive your information in connection with a potential role at MMG from a third-party recruiter or job website, we may use your submitted information to evaluate your candidacy and to contact you. If we consider you for a role at MMG and if you are hired as an employee or engaged as an independent contractor, we may use and provide Personal Information to outside vendors (such as background checking and payroll processing companies and applicable regulators) in connection with those activities.
OTHER IMPORTANT POLICY ISSUES RELATED TO PERSONAL INFORMATION
Legal Basis for Processing Your Personal Information
This Policy grants us permission to collect, use, process and transfer Personal Information in accordance with this Policy. We may also obtain your consent indirectly through various contracts and other agreements that we enter into with you or other third parties in connection with our Services and other Business.
Personal Information collection, storage and use activities may be governed by contracts you enter into with MMG (e.g., a property listing agreement, confidentiality agreement, or a non-disclosure agreement). We may also have permission indirectly through contracts that MMG enters into with third parties (such as contracts or subcontracts with other brokers to help buy or sell a specific property, property appraisal or inspection contracts, or contracts with other CRE market participants acting on your behalf or on behalf of other participants in a transaction who have an ongoing business or other relationship with you).
How We Protect Your Personal Information
MMG uses data security procedures and practices to protect your Personal Information that we believe are reasonably appropriate given the level and nature of the risks associated with such information.
Important Notice. No system can be made completely secure from unauthorized access or hacker attack. The transmission and storage of Personal Information by MMG may not be entirely secure and third parties could compromise MMG’s systems even if MMG uses reasonable data security measures to protect them, as described below.
Information Security Policies. MMG’s information security policies address appropriate protection against such risks. These information security policies, at a minimum, include: organization of information security; asset management; human resources security; physical and environment security; communications and operations management; access control; information systems acquisition; development and maintenance; information security incident management and business continuity management.
Encryption. MMG uses industry best practices to encrypt highly sensitive Personal Information at rest within its systems. For such Personal Information in transit to and from the MMG’s systems, MMG uses encryption unless you use a method of transmission or feature which does not support encryption (such as unencrypted FTP, email, etc.).
Network and Host Security. MMG has network intrusion detection and firewalls in place. In accordance with its information security management protocol, MMG uses commercially reasonable efforts to ensure that its operating systems and applications that are associated with Personal Information are patched or secured to mitigate the impact of security vulnerabilities in accordance with MMG’s patch management processes.
Data Management. In accordance with its information security management protocol, MMG has information security infrastructure controls in place for Personal Information obtained, transported and retained by MMG for the operation of its Business.
Business Continuity and Disaster Recovery. MMG implements and maintains business continuity and disaster recovery capabilities designed to minimize disruption of its Business in the event of a disaster or similar event.
Subcontractors. MMG makes reasonable efforts to ensure that subcontractors are under contractual obligations that meet MMG’s security and privacy standards, to the extent applicable to their scope of performance, including confidentiality requirements of all persons authorized to perform services on behalf of MMG.
Background Checks. MMG conducts background checks on personnel where legally permitted and in accordance with local law and custom.
Cyber Liability Insurance. MMG maintains cyber and privacy liability insurance protection which it deems appropriate to the level of risk for its Business and computer operations.
How Long Do We Keep Your Personal Information?
Different operating units within our Business may have specific data retention requirements which in some cases are imposed by law, rule or regulation based on their specific activity. Generally, we only retain Personal Information for so long as is necessary to carry out the purpose for which we collected it and for other purposes permitted by this Policy or as required by law.
Your Right to Know About Personal Information Collected, Used or Disclosed by MMG
You have the right to ask MMG to disclose to you what Personal Information we collect, use, disclose or sell. This Policy is designed to answer most of those questions. For other information, you may submit a verifiable request directly to MMG. In considering such requests, MMG will not discriminate against you. In some cases, you may be asked for certain information reasonably needed to verify your identity and to validate your request.
PRIVACY INFORMATION REQUEST PROCEDURES
Please click Contact to submit your privacy information requests with MMG. In some cases, we will point you to relevant provisions of this Policy. In other cases, we will direct your communication to a Privacy Officer at MMG for an individualized response. Depending on the nature of your request, we may require that you verify your identity.
Unsubscribing to Certain User-Requested Content. Certain content that relies on Personal Information given to us, such as email newsletters, allow you to unsubscribe or opt out by clicking a link at the bottom of any email that you receive. Doing so should remove your email address from the mailing list.
Limitations on Disclosures to You: MMG will generally not disclose to you the specifics of certain highly sensitive information, such as a Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password or security questions or answers. We may deny a request for other reasons, for example, if needed to comply with State or Federal law.
Your Request to Delete Personal Information Is Subject to Certain Exceptions
You may request MMG to delete your Personal Information held by MMG. A request to delete Personal Information is subject to important exceptions if MMG needs the Personal Information to perform its contractual, legal or regulatory responsibilities. As a practical matter, it may not be feasible to delete Personal Data contained in offline storage or other bulk archives until the entire archive segment is destroyed according to our document retention policy, which may require retention for an additional period.
Exceptions to Deletion Requests: MMG may not act on your request to permanently delete Personal Information if retention and use of Personal Information is required to: (a) carry out a transaction or contractual relationship for which the Personal Information was collected; (b) protect against security incidents, illegal activity or enforcement activities; (c) perform debugging or maintenance work on our systems; (d) exercise or protect free speech rights; (e) engage in bona fide research where you have consented; (f) enable internal use by MMG consistent with our relationship or (g) comply with a legal obligation or regulatory requirement.
Links to Third-Party Websites
Europeans, Canadians and Persons from Other Countries
The Site is operated within the United States. If you are located in the European Union, Canada or elsewhere outside the United States, please be aware that information we collect will be transferred to and processed in the United States. By using the Site, or providing us with any information, you consent to this transfer, processing and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as those in the country where you reside and/or are a citizen.
Changes to This Policy
MMG is a rapidly evolving enterprise actively developing Services to serve its Business and the CRE marketplace in new and better ways. We will continue to assess this Policy against new technologies and procedures and make adjustments as relevant privacy laws evolve or circumstances require. We reserve the right to change this Policy and will post a revised Policy on our Site with the effective date. In addition, we may use contact information you have provided to deliver enhanced forms of notice (e.g., notice by email or pop-up website banners with click-wrap acceptance) if this Policy changes in significant ways. Some changes to our Policy may require you affirmatively to make privacy choices (e.g., opt-in or opt-out) to accept or decline a new or different privacy practice.