Privacy Policy

Overview

This privacy policy ("Privacy Policy") describes what information BDC/PS Residential, LLC ("BDC", "we", "us" or "our") collects about you, including how we collect it, how we use it, with whom we may share it and what choices you have regarding our use of your information. This Privacy Policy applies to information collected on our website, located at http://www.homeatthebatteryatl.com/ (the "Website"), any mobile applications associated with the Website (the "Mobile Applications), all interactive features, applications, widgets, blogs, social networks and social network "tabs", and other online or wireless offerings that post a link to this Privacy Policy, whether accessed via computer, mobile device or other technology or any associated content, material, or functionality contained on the Website or Mobile Applications (collectively, the "Services" and, together with the Website and the Mobile Applications, the "System"). For the purposes of this Privacy Policy, references to "BDC" shall include BDC/PS Residential, LLC, and all of its members, affiliates, subsidiaries, directors, officers, agents, and employees.

This Privacy Policy is incorporated into and is a part of the terms of use of the System located at (the "Terms of Use"). We encourage you to become familiar with the terms and conditions of both this Privacy Policy and the Terms of Use. By accessing and using the System, or any part thereof, you agree that you have read and understand this Privacy Policy, and that in exchange for access to the System, you accept and consent to the privacy practices (and any uses and disclosures of information about you) that are described in this Privacy Policy.

Changes to our Privacy Policy

We may change this Privacy Policy at any time and from time to time. The most recent version of the Privacy Policy is reflected by the version date located at the bottom of this Privacy Policy. All such updates and amendments are effective immediately upon notice thereof, which we may give by any means, including, but not limited to, by posting a revised version of this Privacy Policy or other notice on the Website and the Mobile Applications. You should view this Privacy Policy often to stay informed of changes that may affect you, as your continued use of the System signifies your continuing consent to be bound by this Privacy Policy. We expressly reserve the right to make any changes to this Privacy Policy at any time, without prior notice to you. The version of this Privacy Policy posted (the "Privacy Policy") on each respective date you visit the System shall be the Privacy Policy applicable to your access and use of the System on that date. Our electronically or otherwise properly stored copies of this Privacy Policy shall be deemed to be the true, complete, valid, authentic, and enforceable copy of the version of this Privacy Policy which was in force on each respective date you visited the System. This Privacy Policy is not intended to and does not create any contractual or other legal right in or on behalf of any party other than BDC.

What Information Do We Collect?

As described in detail below, we may collect certain identifying information from or about you in connection with your use of, or your submissions to, the System (collectively, the "Collected Information"). Collected Information may include, without limitation:

BDC may use the information we collect for various purposes, including (i) providing certain services to you; (ii) providing regulatory required communications; (iii) opening, maintaining, and closing accounts; (iv) payment processing; (v) marketing activities; (vi) fulfillment; (vii) improving the System's content, materials, and services; and (viii) more effectively and efficiently responding to both current and future customer inquiries.

Cookies and Usage Reports

By placing a small file known as a "cookie" on your computer (or other device), BDC's, and its third party service providers', servers may passively gather information about a visitor's use of the System for several reasons, including, but not limited to, the following: statistics collection and analysis, System optimization, analytics (as described below), market research, and maintenance of user login information. The information that we and our third party service providers track with cookies may include, but is not necessarily limited to, the type of browser (such as Google Chrome or Internet Explorer) and Internet-connected device being used to access the System, your Internet protocol ("IP") address, your home domain or Internet service provider, your referrer URL (which is the URL for the website that you were viewing prior to visiting the System), how you were directed to the System, which specific pages you access on the System, how long you view each page, the time and date you access our System and the total number of visitors to the System and any portions thereof. We may also use your IP address to determine the general physical location of your computer or device and understand from what geographic locations our System visitors come.

Most popular Internet browser applications will allow you to configure the browser so as not to accept cookies. However, setting your browser to reject cookies may, in certain instances, prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly or more slowly.

The Website (and certain other portions of the System) use Google Analytics (including the Universal Analytics feature), a web analysis service provided by Google, in order to better understand your use of our Websites (or other portions of the System) and how we can improve the Websites and the System. Google Analytics collects information such as how often users visit the Website, what pages they visit when they do so, and what other websites they used prior to coming to such Website. Google Analytics collects only the IP address assigned to you on the date you visit the Websites, rather than your name or other identifying information. We do not combine the information collected through our use of Google Analytics with your Personal Information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit a Website, the cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google Analytics about your visits to the Websites or the System is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. Google utilizes the data collected to track and examine the use of the System, to prepare reports on its activities and share them with other Google services. Google may use the data collected on the System to contextualize and personalize the ads of its own advertising network. To more fully understand how Google may use the data it collects on the System, please review "How Google uses data when you use our partners' sites or apps", (located here or any successor URL). If you would like additional information regarding the security and privacy practices of Google's Universal Analytics feature, please review the materials provided by Google here.

Some of the areas of the System may contain electronic images known as web beacons (sometimes known as clear gifs) that allow BDC, and its third party providers or affiliates, to count and track users who have visited certain portions of the System. Web beacons collect only limited information, including a cookie number, time and date of a page view, and a description of the page on which the Web beacon resides. Web beacons do not collect any of your Personal Information.

Correspondence

We appreciate your questions and comments about this Privacy Policy, the System, and the Services and welcome communications submitted to BDC/PS Residential, LLC, Attn: The Battery – Privacy Policy, 755 Hank Aaron Drive, Atlanta, Georgia 30315, or your email messages sent to privacy@homeatthebatteryatl.com. If you correspond with BDC through the System or via email, the Collected Information may include the content of, and metadata regarding, any correspondence you may have with us. We may share your messages with those within our organization who are most capable of addressing the issues contained in your message.

How Can I Opt-Out of Promotional Correspondence?

Those individuals who provide us with any Submission, create an account on the Website or any Mobile Application, or otherwise express an interest in or consent to receiving communications from BDC may receive email or other communications from us electronically. We consider, and you hereby acknowledge and agree, that providing a Submission, creating an account on the Website or any Mobile Application (or otherwise through the System) constitutes valid consent to receive messages or other communications from BDC. However, if you would no longer like to receive emailed special offer information, notifications or other messages from us, please click the link at the bottom of any email you receive from us and follow the instructions or send an email to us at privacy@homeatthebatteryatl.com with "Unsubscribe" in the subject line. Please allow us a reasonable period of time in order to satisfy your request, as some promotions may already be in process. Please note that even if you opt-out as described above, BDC will retain your Collected Information for analytical purposes and other internal purposes including an ability to reconnect you with such Collected Information if you later opt-in to any of the data sharing, use or communications set forth above.

Online Account Management

If you elected to subscribe to any online services provided via the System, you may be required to submit certain information (possibly including some Personal Information) for the purpose of verifying your identity or authority to create or hold the account. This Collected Information will be used exclusively by BDC, our agents, suppliers and third-party service providers for internal use and to manage the account and respond to your service requests.

How Do We Use The Information That We Collect?

In addition to the uses mentioned or described elsewhere in this Privacy Policy or in the Terms of Use, we, our affiliates and subsidiaries, and our respective third party service providers may use the Collected Information to analyze and improve the content, features, Services, Websites, and Mobile Applications that we make available on the System, as well to conduct certain targeted marketing activities specific to users. We may send you information that you request from us, promotional materials regarding BDC's services and facilities, and any other communication for any other legitimate and lawful business purposes. Additionally, we may retain and use certain Collected Information to facilitate and otherwise address certain inquiries, requests, subscriptions, or business transactions and relationship with BDC or any of our affiliates, or respond to your questions or requests for information about or from BDC or any of our affiliates or trusted business partners. Additionally, we may transfer your Collected Information to our affiliates or trusted business partners for the purpose of advertising certain services provided by such affiliates or trusted business partners. We may also use Collected Information as necessary to ensure compliance with any BDC policies and any applicable law. BDC may also exchange Collected Information with other companies and organizations for fraud protection, credit risk reduction, and collection activities. BDC may use various analytics tools and technologies regarding how users interact with the various portions of the System that require storage of web session data. These tools and technologies are used to assist System users by using cookies and scripts (as described in the "Cookies and Usage Reports" section above) to collect and store information such as how users interact with the System, errors users encounter when using the System, device identifiers, how often users visit certain portions or components of the System, what pages they visit, and what other sites they used prior to using to the System. Stored web session data used by such analytics services or tools is used in accordance with this Privacy Policy.

With Whom Do We Share Information That We Collect?

In addition to the uses mentioned or described elsewhere in this Privacy Policy or in the Terms of Use, we may catalog and add Collected Information to our database. We may also share your information with any of our affiliates, subsidiaries, or our parent company for the purpose of providing the System, for any other purpose described in this Privacy Policy or the Terms of Use, or for any other lawful purposes. Also, subject to any legal or contractual limitations on such use, we may, from time to time, utilize or cooperate with a number of trusted business and marketing partners, business tenants of our premises, development partners, or other trusted entities in delivering certain content, materials, and other opportunities. As part of this utilization or cooperation, we may provide such entities with certain Collected Information about you in order to provide you with various opportunities or services, including opportunities and services advertised or offered through or in connection with the System. For example, we may provide your Collected Information to an affiliate, third party provider, or another trusted third party entity to re-target certain advertising to you on different portions of the System, for market or user modeling, provision of services or opportunities accessed or advertised via the System, or use in direct advertising through the System or via other means. To the extent necessary for purposes of communicating with you or fulfilling your requests for such content, materials, and opportunities, we may share Collected Information with any of the entities that we elect to share such information with, subject to any legal or contractual limitations. We, our affiliates, or our respective trusted business parties and third party services providers may also produce reports on the System's traffic or usage patterns and share these reports with us, or our business partners and others, but the information contained in these reports is anonymous and does not allow identification of any specific individual. BDC also may release Collected Information in connection with joint marketing efforts and strategic alliances.

In addition to the uses described above, BDC may also use and disclose certain aggregated, anonymized information, such as System usage data, to our affiliates, subsidiaries, trusted business partners, or other trusted third party entities. Such information may also be shared with other users or the general public for advertising, informational, or comparison purposes. We may also disclose Collected Information if we become subject to a subpoena or court order, or if we are otherwise legally required to disclose information. We may also use and disclose Collected Information to establish or exercise our legal rights, to enforce the Terms of Use, to assert and defend against legal claims, or if we believe such disclosure is necessary to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

As BDC grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. In any such transactions, customer information generally is, and should be expected to be, one of the transferred business assets. Also, if any bankruptcy, liquidation or reorganization proceeding is brought by or against us, your information may be considered a company asset that may be sold or transferred to third parties.

What Information Do We Collect for Sweepstakes, Promotions, Contests, & Surveys?

On the System, you may wish to participate in online polls, surveys, contests, sweepstakes, and other promotions that we may offer from time to time. Participation in these polls, surveys, contests, sweepstakes and promotions is completely voluntary; you have a choice about whether or not to disclose information required to enter. Information requested may include personal contact information such as your name, address, date of birth, phone number, mobile phone number, e-mail address, username, and/or similar information. In addition, as noted above, we may share this information with our parent company, affiliates, and other organizations or entities. Through these online polls, surveys and promotions, you may choose to participate in activities such as sharing information found on the System with others and sending email invitations. In connection with any online polls, surveys, contests, sweepstakes and other promotions that we may offer from time to time via the System, we use the information you provide to administer the polls, surveys, contests, sweepstakes and other promotions. Subject to applicable contractual or legal restrictions, we also may use the information to communicate with you, or the other people you select, about our services, or the services of our business partners or other trusted third parties, and may use such information to communicate with you about the online polls, surveys, contests, sweepstakes or other promotions or their products and services.

What Choices Do You Have?

When submitting information, corresponding, making requests for information, and otherwise interacting with BDC and its representatives through or in connection with the System, you choose what information to supply or submit, whether you wish to receive further information, and how you may be contacted. Please take care to share only such information as is needed or that you believe is appropriate. Note, however, that if you don't provide certain requested information, it may prevent us from providing certain Services to you and could also prevent you from taking full advantage of the System (or some portion thereof) and its capabilities, or cause some features of the System to function improperly. Any promotional email we send to you will contain a link which will allow you to opt out of receiving any further correspondence. If you have created an online account, you may have the ability to change your correspondence preferences by logging into your account and selecting your preferences.

How Do We Protect Information Collected About You?

BDC takes commercially reasonable measures to secure and protect information transmitted via or stored on the System. Nevertheless, no security system is impenetrable. We cannot guarantee that information that users of the System may happen to transmit or otherwise supply will be totally secure. You agree to immediately notify us of any breach of System's security, this Privacy Policy, or the Terms of Use of which you become aware.

Linked Websites

For your convenience, some hyperlinks may be posted on the System that link to other websites not under our control (the "Linked Websites"). We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any Linked Websites or of any companies that we do not own or control. We cannot be responsible for the privacy practices of any such Linked Websites, nor do we endorse any of these Linked Websites, the services or products described or offered on such Linked Websites, or any of the content contained on the Linked Websites. We encourage you to seek out and read the privacy policy of each website that you visit. In addition, should you happen to initiate a transaction on a Linked Website, even if you reached that site through the System, the information that you submit to complete that transaction becomes subject to the privacy practices of the operator of the applicable Linked Website. You should read each Linked Website's privacy policies to understand how Personal Information that is collected about you is used and protected.

Social Media Platforms and Websites

Any information, communications, or material of any type or nature that you submit to the System or any of our pages contained on a social media platform or website by e-mail, posting, messaging, uploading, downloading, or otherwise (collectively, the "Submissions") is done at your own risk and without any expectation of privacy. We cannot control the actions of other users of the System or any social media platform and are therefore not responsible for any Submissions contained on a social media platform or website (or which are viewable on the System by other users). Additionally, by visiting any of our pages that are contained on any social media platform or website, you are representing and warranting to us that you have reviewed the applicable privacy policy and terms of use of such website or social media platform and that you will abide by all such provisions contained therein.

California Privacy Rights and Do Not Track Disclosures

Under California law, California residents have the right to request in writing from businesses with whom they have an established business relationship, (a) a list of the categories of personally identifiable information, such as name, e-mail, and mailing address, and the type of services provided to the customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties' direct marketing purposes and (b) the name and address of all such third parties. To request the above information, please email BDC at: privacy@homeatthebatteryatl.com with a reference to California Disclosure Information.

California law requires that BDC indicate whether it honors "Do Not Track" settings in your browser concerning targeted advertising. "Do Not Track" is a standard that is currently under development. As it is not yet finalized, BDC adheres to the standards set out in this Privacy Policy and does not monitor or follow any Do Not Track browser requests.

Children

The System (including all Websites, Mobile Applications, and Services included therein) is intended for a general audience and is not intended for use or view by children under thirteen (13) years of age, and we do not knowingly collect information about children or sell products to children. Consistent with the Children's Online Privacy Protection Act, we will not knowingly collect any information from children under the age of thirteen (13). If you are under the age of thirteen (13), you must ask your parent or guardian to assist you in using the System. Furthermore, we may restrict entries to any contests, sweepstakes or promotions to entrants who are at least eighteen (18) years of age.

Visiting The System From Outside The United States

If you are visiting the System, or any part thereof, from outside of the United States of America, please be aware that your information may be transferred to, stored or processed in the United States, where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country, but please be assured that we take steps to protect your privacy. By using any portion of the System, you understand and consent to the transfer of your information to our facilities in the United States and those third parties with whom we share it as described in this Privacy Policy.

Whom Can You Contact For More Information?

If you have any questions or suggestions about the System, BDC (or any of our affiliates), our services, or our privacy practices, please contact us at BDC/PS Residential, LLC, Attn: The Battery - Privacy Policy, 755 Hank Aaron Drive, Atlanta, Georgia 30315, or via email at privacy@homeatthebatteryatl.com. Acknowledgement

BY ACCESSING OR USING THE SYSTEM, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND CONSENT TO THE PRIVACY POLICY, AND TO THE USES AND DISCLOSURES OF COLLECTED INFORMATION ABOUT YOU, THAT ARE DESCRIBED IN THIS PRIVACY POLICY AND YOU AGREE TO BE BOUND BY THE TERMS OF USE REFERENCED ABOVE.

This Privacy Policy was last updated on October 5, 2016.