Privacy Policy

Welcome to the website (the “Site”) of performance By Design d.b.a. PBD Living (“PBD,”, “PBD Living” “we,” “us,” or “our”). PBD Living makes available flexible occupancy accommodations of furnished residential apartment units (each a “Unit,” and the building in which such Unit is located may be referred to as the “Building”) in multi-family apartment properties (“Accommodations”) for its registered users (“Members”) on the terms and conditions provided in our Terms of Service (collectively, including the Site, the “Service”).

 

This Privacy Policy explains what Personal Data (defined below) we collect, how we use and share that data, and your choices concerning our data practices. This Privacy Policy is incorporated into and forms part of our Terms of Service.

Before using the Service or submitting any Personal Data to PBD Living, please review this Privacy Policy carefully and contact us if you have any questions. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service.

 

Capitalized terms used without definition in this Privacy Policy have the meanings set forth in our Terms of Service.

1. PERSONAL DATA WE COLLECT
We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:

Personal Data You Provide:

• Registration. When you sign up for an account, we collect your full name, your home address, your email address, your phone number, your date of birth, and your social security number. We will also collect your payment-related information, such as credit card or billing information during the reservation process. We will share your payment-related information with Stripe (a third-party payment processing vendor) in order to process your payments.

• Identification. You may be asked to provide a government-issued picture ID (e.g., passport or driver’s license) for identity verification purposes at account sign-up or check-in.

• Communications. If you contact us directly (e.g., via email, SMS, phone call, in-app messaging), we will collect your name, contact details, the content, date and time of your message and any attachments thereto, and other information you may directly provide to us. We will keep a record of how your communication with us was handled.

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PERSONAL DATA WE COLLECT FROM THIRD PARTIES:

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• Background Checks. We may periodically engage with a vendor to verify your criminal history. We may collect all information that our vendor obtains from the check. Our vendor will use county, state and federal criminal databases to run the checks.

• Credit Checks. We may engage a vendor to verify your credit score. We may collect all information that our vendor gathers about you from the check.

• Third Party Accounts.  We may obtain Personal Information about you from third party social networking services (“SNS”), such as Facebook, Google and LinkedIn, to link your PBD Living account with third party SNS accounts (each, a “Third Party Account”) by either: (i) providing your Third Party Account login information to PBD Living through the Service; or (ii) allowing PBD Living to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. We may receive from such third parties the following types of Personal Information:

  • Facebook: ID, cover photo, email, first name, last name, age range, link, gender, location, picture, time zone, date of last update, user verification.

  • Google: Google ID, name, profile URL, email address

  •  LinkedIn: basic profile, email address.

• We may also receive any other information you authorize PBD Living to access by authorizing the SNS to provide such information.

• Social Media Pages. We have pages on SNSs like Instagram, Medium, Twitter, and LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.

• Vendor and Partner relationships. We receive Personal Information of employees and other individuals who are contact persons at our partners and vendors, such as contact details and other information relevant to the particular business relationship.

• Personal Data Processed on Behalf of Business Customers: In order to provide the Services, we must obtain the full name, home address, email address, phone number, date of birth, and social security number of each individual who stays in one of our residential units (“Accommodations”). Through this process, we may receive Personal Data about employees and customers of our business customers that such business customers make available to us. We process that information pursuant to our Terms of Service and other agreements with our business customers. We have no direct relationship with the individuals whose Personal Data we process on behalf of our business customers. If you are such an individual and would no longer like your data to be used by one of our business customers that use our Services or you would like to access, correct or request deletion of your data, please contact the business customer that you interact with directly.

• Personal Data We Receive Automatically From Your Use of the Service: When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access the Service (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:

• Log Data. Information that your browser automatically sends whenever you visit the Site (“log data”). Log data includes your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Site.

• Cookies. Please see the “Cookies” section below to learn more about how we use cookies.

• Device Information. Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.

• Usage Information. We collect information about how you use our Service, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

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Property Usage Data: We automatically collect your PBD Living stay history. We may also automatically collect information regarding the use of an Accommodation (e.g., when a door was unlocked). Where required under applicable law, we will only collect property usage data with your consent.

Cookies: We use cookies to operate and administer our Site, gather usage data on our Site and improve your experience on it. A “cookie” is a piece of information sent to your browser by a website you visit. Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit All About Cookies.
Analytics: We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.
Online Tracking and Do Not Track Signals: We and our third party service providers may use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site and use that information to send targeted advertisements. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will update this Privacy Policy to describe how we do so.
Your Choices: : On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers: Internet Explorer, Mozilla Firefox, Google Chrome, Apple Safari
 

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site. Advertising networks may collect Personal Data through the use of cookies. Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there.

2. HOW WE USE PERSONAL DATA
We may use Personal Data for the following purposes:

• To operate, provide, and maintain our Services, to communicate with you about our Services, to respond to your inquiries, to fulfill our contract with you, to complete your transactions, and for other customer service purposes;

• To run background and credit checks to determine whether we may reasonably admit you as a Member and allow you to book Accommodations, the results of which may be shared with of landlords and their representatives (e.g., property managers), to the extent permitted under applicable law;

• To link your PBD Living account with Third Party Accounts to add information from Third Party Accounts to your PBD Living account and PBD Living account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the SNS and authorized by you) the information in your Third Party Accounts so that it is available on and through your PBD Living account on the Site and Service;

• To respond to your inquiries, comments, feedback or questions;

• To send administrative information to you, for example, information regarding the Service, and changes to our terms, conditions, and policies;

• To analyze how you interact with our Service;

• To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture and networks; and

• To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties.

 

Aggregated Information.: We may aggregate Personal Data and use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. In addition, from time to time, we may analyze the general behavior and characteristics of users of our Services and share aggregated information like general user statistics with prospective business partners. We may collect aggregated information through the Service, through cookies, and through other means described in this Privacy Policy.

 

Marketing: We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.

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3. SHARING AND DISCLOSURE OF PERSONAL DATA
In certain circumstances we may share your Personal Data with third parties without further notice to you, unless required by the law, as set forth in Section 2 above and as follows:

Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share Personal Data with vendors and service providers, including providers of hosting services, cloud services and other information technology services providers, email communication software and email newsletter services, advertising and marketing services, payment processors, customer relationship management and customer support services, and web analytics services (for more details on the third parties that place cookies through the Site, please see the “Cookies” section above). Pursuant to our instructions, these parties will access, process or store Personal Data in the course of performing their duties to us. Landlords and property managers. We may share your name, email address, phone number, ID, birthday and address with landlords and their representatives (e.g., property managers). If permitted by applicable law, we may also share information from background checks and credit checks that we conduct. We may share reports with landlords and property managers regarding the use of their properties.
Landlords and property managers. We may share your name, email address, phone number, ID, birthday and address with landlords and their representatives (e.g., property managers). If permitted by applicable law, we may also share information from background checks and credit checks that we conduct. We may share reports with landlords and property managers regarding the use of their properties.
Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Services, or the public, or (v) protect against legal liability.
Affiliates: We may share Personal Data with our affiliates, meaning an entity that controls, is controlled by, or is under common control with Company. Our affiliates may use the Personal Data we share in a manner consistent with this Privacy Policy.

4. DATA RETENTION
We keep Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.

5. UPDATE / DELETE YOUR INFORMATION
Please log in to your account or contact us at info@pbdliving.com if you need to change or correct your Personal Data. If you wish to request to have your Personal Data deleted off our Platform, please contact us at info@pbdliving.com.

6. CHILDREN
Our Service is not directed to children who are under the age of 13. PBD Living does not knowingly collect Personal Data from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided Personal Data to PBD Living through the Service, please contact us and we will endeavor to delete that information from our databases.

7. LINKS TO OTHER WEBSITES
The Site may contain links to other websites not operated or controlled by v, including social media services (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third-Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third-Party Sites directly for information on their privacy practices and policies.

8. SECURITY
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to PBD Living via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third-party websites.

9. INTERNAL USERS
By using our Service, you understand and acknowledge that your Personal Data will be transferred from your location to the facilities and servers of Company in the United States.

10. YOUR CHOICES
In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Services, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data.

11. CHANGES TO THE PRIVACY POLICY
The Service, and our business may change from time to time. As a result, we may change this Privacy Policy at any time. When we do, we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with Personal Data after we have posted an updated Privacy Policy, or notified you by other means if applicable, you consent to the revised Privacy Policy and practices described in it.

12. CONTACT US
If you have any questions about our Privacy Policy or information practices, please feel free to contact us at info@pbdliving.com.