PRIVACY POLICY

Effective: November 22, 2021

We respect your privacy.

This privacy policy (this “Privacy Policy”) explains what information Madison Realty Capital (“MRC,” “we” or “us”) collects from you when you use our website (the “Website”) or interact with our third party partners (“Partners”), as applicable. By using our Website, you agree to all the terms and conditions stated in this Policy.  Please take a moment to review this information.

How We Protect Your Information

We take reasonable measures to protect your personally identifiable information (“Personal Information”) to prevent against unauthorized use, access, disclosure, and destruction. Please be aware that, despite our best efforts, security measures are not impenetrable, and we can’t guarantee against misuse.

What Information We Collect

Contact Information

If you choose to contact us using the “Contact Us” link or by emailing us, we’ll collect your contact information, such as your name, phone number and email address, in order for us to communicate with you. We will also collect certain business and other information you choose to provide in connection with financing inquiries. If you write a message, we will store the message so we can reference it to tailor our responses to you.

Website Visitor Data

Directly or through the use of third-party data analytics services and cookies (discussed further below), we collect visitor information, including your IP address and server log data (the address of the web page you visited before using the Website, your browser type and settings, the date and time of your use of the Website, and language preferences) for purposes of running, assessing and improving the functioning of our Website.  We may also gather  information about the device you are using to access our Website, including what type of device it is, what operating system you are using, device settings, application IDs, general location of the device that you use to access the Website (e.g., city or town), unique device identifiers, crash data and  links you interact with.

Other Data for Special Events

We may occasionally collect additional personal information that you voluntarily submit to us through the Website for other purposes, such as in connection with invitations to a special event where an RSVP response and associated information is necessary for the event.

How we use your information

• We use your information to operate, manage, and improve our Website, and for marketing and administrative purposes.

• If you communicate with us, we will send you newsletters and marketing information about our services, until you decide to opt -out. We may also send you notifications, updates, and changes about our Website, and contact you to provide customer service and support.  

• We may use your Personal Information, including any information you share with us, to improve our service or to facilitate special events connected to our company or services.

• We may use your information to comply with legal or regulatory requirements, to respond to lawful requests, court orders and legal process, to enforce our rights, to prevent fraud, and to protect the security of the Website and for safety.    

• We may use your IP address and location data to analyze usage, administer our Website, and gather demographic information for aggregate use.

• We may use your Personal Information to create de-identified and aggregated information. 
• With your consent, we may use your Personal Information in other ways.

How we share your information

We do not knowingly share your Personal Information with any third parties without your consent except as disclosed in this Privacy Policy, as required by law, and when we reasonably believe it is necessary to prevent or take action regarding illegal activities, suspected fraud, or to protect the safety of any person.

We may share Personal Information in collaboration with our Partners, including companies that assist with business analytics, data processing, customer and user management, and other services. We instruct these parties to use your Personal Information only to the extent necessary to provide the services we have requested. Although we take reasonable steps to ensure that Partners receiving your information are bound by privacy restrictions as restrictive as those set forth in this Privacy Policy, we are not responsible for any issues that may arise regarding the privacy policies or practices of any of our Partners. We may also share de-identified or aggregated information with third parties.  While we require the third parties to agree not to re-identify or de-aggregate the information, we cannot make any guarantees concerning how they use or disclose the de-identified and aggregated information once they receive it.  By using the Website, you agree that we are not responsible or liable for any claims and/or damages that may arise from the actions of any of our Partners.  

Social Media

If you click on our social media links (such as Facebook and Twitter), you will be directed to a third-party platform, and any information you share on those websites will be covered by their privacy policies, not this Privacy Policy.   

Cookies and other technologies

What are cookies?

A cookie is a small file that can be placed on your computer's hard disk or on a website server. Cookies do not retrieve information stored on your hard drive and do not corrupt or damage your computer or computer files. For those using our Website, we may link cookie information to your email address so we can  maintain and recall your preferences within the Website.  

Why we use cookies

We may use cookies and similar tracking technologies to improve or administer the Website, analyze trends, collect information about the general location of the device used to access the Website (e.g. city or town), track users’ movements around the Website, support security features on the Website, and to gather demographic information about our user base.

How to disable cookies

Although most browsers and devices accept cookies by default, their settings usually allow you to delete or decline cookies. If you disable cookies, however, some of the features of our Website may not function properly. You may opt -out of receiving certain Cookies and certain trackers by visiting the Network Advertising Initiative (NAI) opt-out page or the Digital Advertising Alliance (DAA) consumer opt-out page. The “Help” section of your browser may also tell you how to prevent your browser from accepting cookies. To find out more about cookies you may visit http://www.aboutcookies.org.

Opt In / Opt Out of Communications

By using our Website, you expressly allow us to contact you and use your information as set forth in this Privacy Policy. You may opt-out of receiving marketing emails anytime by clicking the “unsubscribe” button in the email. 

Links

This Website contains an investor link, called “Investor Login,” which allows you to access a third-party data room if you set up an account through the link. The data room is operated and controlled by a third party, not us, and is subject to that third party’s privacy policy, not our Privacy Policy.  The data room may also contain links to other websites. Please be aware that we are not responsible for the privacy practices of this data room or of other third parties and their websites. Our Privacy Policy applies only to the information we collect on this Website. We encourage you to read the privacy policies of other websites you link to from our Website or otherwise visit.

Your Choice to Access, Edit, or Delete Information.

We strive to provide you with as many choices and as much control as possible regarding your Personal Information. You have the right to access and change your Personal Information. Please contact us at the address provided at the bottom of this Privacy Policy to find out how. We will, upon receiving your request, make reasonable efforts to correct, delete, and/or block your Personal Information from further use to the extent it remains in our possession, except to the extent not permitted by law.

Minors

Our Website is not directed to nor intended for use by anyone under the age of 18.   If you learn that a child under 13 or someone other than a minor’s parent or guardian has provided us with the Personal Information of a minor without the parent or guardian’s consent, please contact us.  If we become aware that the Personal Information of a minor has been provided to us, we will promptly delete the minor’s Personal Information.

Business Transitions

In the event we go through a business transition, including without limitation any merger, acquisition, partnership, business reorganization, debt finance, or sale of company assets, or in the event of an insolvency, bankruptcy, or receivership (together a "Business Transition"), we may use and disclose information collected in accordance with this Privacy Policy as part of any such Business Transition, and your Personal Information may be part of the assets transferred.

Do-Not-Track

You may have implemented a “do not track” signal through your browser. As there currently is no fixed standard for “do not track” signals, we currently do not respond to do not track signals from your web browser.

Data Retention and Destruction

We will retain Personal Information for as long as necessary to accomplish our purposes for such data as set forth in this Privacy Policy. You can request that your information be deleted by contacting us at the address provided at the bottom of this Privacy Policy. At the time your information is deleted, we will destroy your Personal Information using reasonable data destruction practices. We may, however, retain certain information to comply with legal or contract obligations or to facilitate law enforcement requests.     

Changes

We may revise this Privacy Policy from time to time. If we decide to change our Privacy Policy, we will post the revised policy here.  If changes are significant and materially affect your rights under this Privacy Policy, we may provide a more prominent notice on the Website. In certain cases, we may also provide email notification of the revised Privacy Policy and either seek your consent or give you the right to opt -out from our use of your Personal Information in accordance with the revised Privacy Policy.  However, as we may make changes at any time without notifying you, we suggest that you periodically consult this Privacy Policy.  Please note that our rights to use any information collected will be based on the privacy policy in effect at the time the information is used.

Contact Us

If you have any questions about the Privacy Policy, please contact us at info@madisonrealtycapital.com, or at the mailing address below:

Madison Realty Capital
520 Madison Avenue
Suite 3501
New York, NY 10022

California Privacy Notice

This California Privacy Notice is part of our Privacy Policy and is directed to you if you are a California resident and therefore have certain rights under the California Consumer Protection Act of 2018 (“CCPA”). This California Privacy Notice applies to Personal Information we collect when we operate as a “business” as defined under the CCPA. This California Privacy Notice describes what those rights are and how you may exercise them when we act as a business. If there is any term in this California Privacy Notice that conflicts with a term in our Privacy Policy, the term in this California Privacy Notice will control. 

If we operate as a “service provider” (as defined under the CCPA) for any customers and they provide us with your personal information for business purposes under a service contract, the CCPA applies primarily to those customers, not to us. In those cases, we will direct any requests you send us to exercise your rights under the CCPA to the applicable customer.  

1. INFORMATION WE COLLECT AS A BUSINESS 

We collect the following categories of Personal Information as defined under the CCPA:

Type of information	Examples	Collected by Us
Identifiers	Name, postal address, e-mail address, IP address, phone number or similar identifiers.  See Section 2 of the Privacy Policy for details.	Yes
Information specified in California Consumer Records statute	Name, signature, postal address, telephone number, or employment.  See Section 2 of the Privacy Policy for details.	Yes
Protected classifications under California or federal law	Age, race, national origin, citizenship, religion or creed, marital status, gender, sexual orientation, or health status.	No
Commercial information	Records of personal property, products, services purchased, or purchasing histories.	No
Biometric information	Genetic, physical, behavioral or biological characteristics, such as fingerprints, iris scans, voiceprints, health/exercise or sleep data	No
Internet and similar network activity	Browsing history, website analytics, app interactions.  See Sections 2 and 6 of this Policy for details.	Yes
Geolocation data	Physical locations and/or movements.	Yes (general location of device used to access the Website, e.g., city or town)
Sensory data	Audio, visual, or similar data related to physical characteristics.	No
Professional or employment-related information	Current employment or job history.	No
Non-public educational information	Educational records protected under federal law.	No
Inferences drawn from other personal information	Profiling of preferences, personal characteristics, behavior, attitudes, or aptitudes.	No

Personal Information as used in this California Privacy Notice does not include: (i) information publicly available from government records, (ii) de-identified or aggregated information, or (iii) information addressed by certain state and federal data privacy laws.

1. CATEGORIES OF SOURCES OF INFORMATION WE COLLECT

We obtain the categories of Personal Information described in this California Privacy Notice from the same categories of sources as described in Section 2 of our Privacy Policy. 

2. OUR USE OF PERSONAL INFORMATION

We use the Personal Information we collect, as described in this California Privacy Notice, for the same purposes identified in Sections 2, 3, 6, and 11 of our Privacy Policy. 

3. OUR DISCLOSURE OF PERSONAL INFORMATION

We may disclose the Personal Information we collect, as described in this California Privacy Notice, for any of the same purposes and to the same categories of persons and entities as identified in Sections 2, 4, 6, and 11 of our Privacy Policy.   

4. YOUR RIGHTS 

The CCPA gives certain rights to California residents regarding their Personal Information.  We summarize below what those rights are and how you may exercise them.  You do not need to have an account with us to exercise these rights.

The CCPA also gives California residents the right to opt-out of (or for minors under sixteen (16), the ability to opt-in to) sales of their Personal Information. However, we do not and will not sell your Personal Information. If, in the future, we decide to sell Personal Information, we will provide you with notice and the right to opt-out of (or for minors, opt-in to) the sale of your Personal Information.

• Right to Know About the Collection, Use, Disclosure, and Sale of Personal Information
  • Upon providing us with a verified consumer request, you may ask us to disclose certain types of your Personal Information we have collected and used over the 12-month period prior to the date of your request. You may make this request only twice within any 12-month period. You may request:
    • The categories of Personal Information we collected about you;
    • The categories of sources of the Personal Information we collected about you;
    • The business or commercial purpose for collecting that Personal Information;
    • The categories of third parties with whom we shared that Personal Information;
    • The specific pieces of Personal Information we collected about you (except to the extent prohibited under the CCPA including, for example, disclosure of Social Security numbers or other government, health insurance or medical identification numbers, account passwords); or
    • If we disclosed your Personal Information for a business purpose, a list identifying the Personal Information we disclosed to each category of recipient.
• Right to Request Deletion of Personal Information
  • You have the right to submit a verified consumer request at any time that we delete any of your Personal Information collected and retained by us, unless an exception under the CCPA applies.  
  • If no exception applies, and if we have been able to verify your consumer request, we will delete, aggregate, or de-identify your Personal Information from our records in accordance with the CCPA. We will also direct third parties to whom we have disclosed your Personal Information to delete it, although we cannot guarantee that such third parties will comply with our direction.  

Please note that we may deny your deletion request based on certain provisions of the CCPA, including where it is necessary for us or our service providers to carry out certain business functions, comply with laws or to engage in other internal and lawful uses of the Personal Information within the context in which you provided it to us.

5. MAKING A VERIFIED CONSUMER REQUEST TO US

To make a request to exercise your rights under the CCPA as described above, please submit a verifiable request to us by sending an email to us at info@madisonrealtycapital.com or calling our toll-free number at (844) 216-0573  If you choose to send an email, please include the phrase “CCPA Request” within the header of your email.

A verifiable consumer request must be made by you or a person registered with the California Secretary of State whom you have authorized to make the request on your behalf. (A representative must be authorized by you in writing or have a valid power of attorney under California probate law.) You may also make a verifiable request to us on behalf of your minor child.  

To be considered a proper verified request, your request must: 

(1) provide us with sufficient information allowing us to reasonably verify that you are the same person about whom we collected the Personal Information or the authorized representative, and 

(2) describe your request in reasonable detail so we can correctly understand, evaluate, and respond to the request.  

We may ask you for additional information, if needed, in order to verify your request, but if we do, we will use such additional information only to verify your identity (or the authority of the representative) and for security and fraud-prevention purposes.

We may also ask you to separately confirm any request to delete Personal Information via your Website account or through another means.

6. RESPONDING TO YOUR VERIFIABLE CONSUMER REQUEST

We will use reasonable efforts to respond to your verifiable consumer request within forty-five (45) days of receiving it. In some cases, we may require more time (up to ninety (90) days). If that is the case, we will communicate to you in writing (by postal mail or electronically, at your option) the reason and the length of anticipated delay. We will not be able to fulfill your request if we cannot verify your identity (or the authority of your representative) and confirm that the Personal Information subject to the request relates to you.  

Disclosures we provide in response to a verified consumer request will cover only the 12-month period before we received the request. If your request involves the porting of your Personal Information, we will use a format that is reasonably designed to allow you to transmit the Personal Information to another entity.  If we deny part or all of a verified consumer request, we will provide a reasonable explanation for the denial.

We do not charge fees for responding to verifiable consumer requests unless they are excessive, repetitive or manifestly unfounded.  If we determine that a fee is appropriate, we will provide you with an explanation and a cost estimate before we complete your request.

We will keep records of consumer requests and our responses as required under the CCPA.

7. NON-DISCRIMINATION

We will not discriminate against you for exercising any of your rights under the CCPA. This means that, except where permitted under the CCPA, if you make a request for disclosure or to delete your Personal Information, we will not (i) deny you goods or services, (ii) charge you different prices for goods or services (e.g., through penalties or withholding of otherwise available discounts), (iii) giving you a different level of goods or services, or (iv) suggesting to you that we will take any of the actions in (i) through (iii).

8. HOW TO CONTACT US TO EXERCISE YOUR CALIFORNIA RIGHTS 

If you have questions about our Privacy Policy or this California Privacy Notice, please feel free to contact us at: info@madisonrealtycapital.com. 

This California Privacy Notice was last updated on November 22, 2021.