PRIVACY POLICY

Policy Overview

Smart City Locating, Inc. (referred to herein as “We” or “Us”) is committed to protecting the privacy of the users of its website, www.smartcitylocating.com and associated websites as well as those who interact with Us via our social medial pages and mobile applications (collectively, the “Site”).

This statement discloses our privacy practices. The purpose of this statement is to inform you:

  • What kinds of information we collect from users of the Site and how the information is used by Us;
  • Whether we disclose any user information to third parties;
  • How you can access, update, or delete any information provided to Us by you; and
  • The security procedures We use to protect your personal information.

By using the Site, you are agreeing to the Privacy Policy. We reserve the right to change, modify, add, or remove portions of our Privacy Policy at any time. Please check this page periodically for changes. Changes to the Privacy Policy will go in effect upon posting to the Site. Your continued use after posting indicates your agreement to the changes.

If you have any questions about our Privacy Policy, please e-mail Us at: legal@smartcitylocating.com.

How We Collect Information

We may analyze and store communications content, such as chats, emails or form submissions. We may receive and record information from your computer and browser, including your IP address, cookie information, software and hardware data, and the pages you visit. We may use information to fulfill your requests for services, improve our services, contact you and conduct research. Use of your information includes identifying and finding appropriate apartment locations and providing necessary information to relevant third parties, which you consent to by submitting your information.

You can visit the Site without revealing any personal information. Our web servers collect Internet Protocol (IP) addresses of visitors, but not the e-mail addresses unless provided by visitors. This information can measure the number of visits, average time spent on the site, pages viewed, and other such statistics.

In addition, You may be asked for personal information that identifies you, including your name, e-mail address, mailing address, zip code, telephone number, and fax (collectively, “Personal

Information”). You may also elect to provide such information to Us by sending or responding to e-mails regarding certain listings or services offered on our website.

Your submission of personal information on this site acts as consent for us to use such information to provide you the Services.

How We Use and Disclose Your Information

We collect, generate, retain, and use your Personal Information for our own internal purposes in connection with the facilitation, recording, and processing of any requests, communications, or interactions you may have with our Site. We also automatically collect and store statistics and other information about you and your online activities on an aggregated, non-personally identifiable basis and in a manner that may allow Us or our affiliated or related entities to improve our services to you.

In addition, your Personal Information may be also be used by Us to provide you with information regarding our products and services. For example, we may use your e-mail address to send you special announcements and notifications of services or promotions that may be of interest to you.

We may also use your personal information to provide services you have requested, share your information with our preferred vendors to promote their related services, or under the following circumstances:

  • In response to subpoenas, court orders, or legal process.
  • In establishing or exercising our legal rights or defending against legal claims.
  • When reasonably necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or as otherwise required by law.
  • In association with acquisition or merger with another company.

We may also use information provided by you to create marketing and social media campaigns and audiences for search engine and social media promotions. We may also use third-party retargeting tools to send messages and present advertisements to you related to our Services.

Newsletter/Emails

Another way in which we may use your Personal Information is to provide you with an electronic copy of Our email promotions and newsletters (collectively, the “Newsletter”).

Opt Out

You may opt out of the Newsletter and future communications from Us, including special offers, or request removal of your information from our database, by sending an email to: legal@smartcitylocating.com.

Cookies

Cookies allow websites to recognize you when you return and can keep track of information specific to you. Consistent with standard practices in the Internet industry, We may use cookies with visitors of the Site. If you prefer, you may set your browser to ask for your permission before you receive a cookie. To the extent you navigate to a third-party website from the Site, you may receive cookies from third parties to which you link from our Site. We do not control these third-party cookies, and they are not subject to this Privacy Policy.

Third-Party Sites

The Site may contain links to other sites. However, please be aware that We are not responsible for and cannot control the privacy policies of such other sites. We encourage you to be aware when you leave the Site, and to read the privacy statements of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by Our Site.


Terms of Use

Smart City Locating, Inc. (referred to herein as the “we,” “our” or “us”) provides an informational website for residents and prospective residents (“you”) who wish to gain information about residential properties (each a “Property”) and related products and services (“Services”).  These Terms of Use (“Terms”) describes our policies and practices while you are using our website, www.smartcitylocating.com and associated websites as well as those who interact with Us via our social medial pages and mobile applications (collectively, the “Site”)

BY AGREEING TO USE OUR SITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND THAT YOU UNDERSTAND AND AGREE THAT THIS AGREEMENT GOVERNS ANY USE OF THE SITE BY YOU.

1.  Notice. The Site is owned and operated by Us and its contractors.  We have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the contents of the Site and any services offered by the Site.  You may visit our Site at any time to read these Terms and learn of any revisions made to these Terms.  All such changes are binding on you 14 calendar days after they are initially posted on the Site unless you are a new user, in which case they are binding on you immediately.

2.  Intended Use.

a. This site offers general information about apartment location services and uses the information that you provide to put you in touch with our agents and/or brokers and potential apartment communities.  Our company includes agents and brokers licensed in the State of Texas and, accordingly, we are governed by all rules and regulations of that profession.  Your submission of information does not automatically create a brokerage relationship with us or any particular broker/agent

b. You understand that we do not accept any liability whatsoever for any harm that might result from any statements presented on the Site, including any descriptions of the Properties, Services or any third-party services or products posted on or offered through our Site.

c. You understand that any statements by us and or employees, agents, affiliates, and members are provided for informational purposes only.

3.  Our Services.

a. In General. We offer information to tenants and prospective tenants regarding various Property spaces and amenities, as well as certain events, policies, and financial, logistical and operational matters.  The use of the Site by you does not create a landlord-tenant relationship, nor does it constitute an offer to lease any Property.  All leasing decisions are between you and each Property, completely exclusive of us.   

 4. Use of Information and Materials on our Site.

a. The information contained on our Site is subject to change without notice.

b. While we make every effort to ensure that the information on our Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on our Site.

c. Any unauthorized use of our Site and systems including, but not limited to, unauthorized entry into our system, misuse of passwords, or misuse of any information posted on our Site, is strictly prohibited.

d. Except as expressly granted herein, the viewing, printing, or downloading of any content, graphic, form, or document from the Site, is prohibited.  we grant you only a limited, nonexclusive license for use of such materials solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.

e. Prohibitions:  You are prohibited from using this site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, to the extent the same may exist; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our services or site; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our services or site. We reserve the right to terminate your use of our services or site for violating any of the prohibited uses.

5. Third Party Links/Services

For the convenience and benefit of our clients and prospective clients, we will, from time to time, engage various third party service providers (collectively, “Vendors”) to provide certain services (other than the Services) such as application processing, background and credit screening, utilities transfer/connection, moving, resident account management, and other services (collectively, “Tenant Services”) which are accessible via links from the Site. Although Tenant Services may be “white labeled” with our name and branding and/or email addresses and phone numbers, such Tenant Services are managed exclusively by the Vendors.  To use Tenant Services and access Vendor systems, you may be required to set up an account and provide various personal and financial information to the Vendor.  Please note that your use of Tenant Services will be subject to each Vendor’s terms and privacy policies – not ours.   These Terms apply solely to our Site and does not apply to Tenant Services and/or any other websites to which we may provide links.  We are not responsible for the content, accuracy, or opinions expressed in such linked Vendors or websites, and the inclusion of such links on our Site does not imply our approval or endorsement of such websites.  Please be aware that we are not responsible for and cannot control the terms of use, privacy policies and conditions of Vendors or other websites.  We encourage you to be aware of when you leave our Site (i.e., whenever you are required to register or login), and to read the Vendor terms of use and privacy policy of each Tenant Service and other website you access and use.

6. Privacy.

a. Policy. By entering using the Site, you also agree to the privacy standards set by us. Our Privacy Policy is incorporated into these Terms by reference.

b. Disclaimer.  We cannot ensure that all of your private communications and other personal information will never be disclosed in ways not otherwise described in these Terms.  By way of example (without limiting the foregoing), we may be forced to disclose personal information to the government or third parties under certain circumstances, third parties may unlawfully intercept or access transmission or private communications, or users may abuse or misuse your personal information that they collect from our Site.

7. Enforcement.

a. Limitations of Warranties and Remedies.  To the full extent allowed by law, we disclaim all warranties, terms, or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties, terms, or conditions of merchantability, and fitness for a particular purpose.  We neither assume nor authorize any other person to assume for us any other liability in connection with the sale and use of the Services or services provided by Property or any third-party.  In no event will we be liable for any incidental, consequential, punitive, or special damages, including, without limitation, lost profits or revenues, even if we have, or should have had, any knowledge, actual or constructive, of the possibility of such damages.

b. Limitation of Liability.  To the greatest extent authorized by applicable law, in no event shall we, our directors, officers, employees, affiliates, agents or service providers be liable for any injury, loss, claim, or any damages of any kind, including, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this site, or for any other claim related in any way to your use of this site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the site or any content transmitted or otherwise made available via the site, even if advised of their possibility; this also includes any damage or harm that you may suffer from actually residing in any apartment community after utilizing any services we offer on the site, such liability being expressly denied.

Unless otherwise noted, all Tenant Services and any other services (other than the Services as defined above) are provided by independent Vendors, and not by us. in no event will we be liable for any Tenant Services, other services, nor any act or omission by any Vendor, including (without limitation) those who are “White labeled” with our name and brands and/or email addresses.  Each Vendor is an independent service provider and not a partner or affiliate of us.  

c. Indemnification.  You agree to defend, indemnify, and hold harmless us and our officers, directors, contractors, owners, agents and employees (the “Covered Parties”) against any and all third-party claims, suits, costs, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees) that the Covered Parties may incur arising out of or resulting from your use of the Site or any of the Services.

d. Choice of Law and Venue.  These Terms will be construed and governed in accordance with the laws of the State of Texas without application of choice-of-law provisions that would require application of the laws of another jurisdiction.  By using the Site, you hereby irrevocably submit yourself to the exclusive venue and personal jurisdiction of the state and federal courts in Dallas County, Texas with regard to any dispute relating to these Terms or its enforcement.  You also hereby waive any challenge to venue and personal jurisdiction you may have to a lawsuit filed in a state or federal court in Dallas County, Texas, relating to a dispute between the parties relating to these Terms or its enforcement.

e. Severability.  If any provision of these Terms are found to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any of the remaining provisions will not in any way be affected or impaired and a valid, legal, and enforceable provision of similar intent and economic impact will be substituted therefore.

f. Additional Provisions Regarding Liability.  You agree that the foregoing limitations will not be read so as to limit any liability to an extent that would not be permitted under applicable law and specifically will not limit any liability for gross negligence, intentional, tortious, or unlawful conduct or damages for strict liability that may not be limited by law.

g. Notices.  Any notices or communication sent by you to us pursuant to these Terms will be in writing and sent to the address specified herein or such other address as Property may specify in writing.  All notices must be sent to: legal@smartcitylocating.com.

8. Additional Information.

a. Trademarks.  We are the owner of the marks, “Smart City Locating”,” smartcitylocating.com, and all related marks, slogans and logos appearing on the Site.  All Property and other marks and logos appearing on the Site are owned by their respective owners. We are the owner of the Site, including the overall look and feel, page headers, design properties, distinctive color combinations, typography, graphic designs, graphical user interfaces, data displays, button icons, and imagery.    All rights are reserved.

b. Copyrights.  Our Site contains copyrighted material and other proprietary information, including, without limitation, downloadable files, text, charts, reports, data displays, software, graphical user interfaces, icons, photos, video, and graphics.  The contents of the Site are protected under the United States and foreign country copyright laws, as well as international treaties.  You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site’s content, in whole or in part.  No copying, redistribution, retransmission, publication, or commercial exploitation of downloadable material will be permitted without the express written permission of Property and the copyright owner, if applicable.  All rights are reserved.

9. Suggestions and Idea Submissions.  Unless otherwise agreed to in writing, we do not accept unauthorized idea submissions outside of established business relationships.  To protect the interests of our current partners and ourselves, we must treat the issue of such submissions with great care.  Importantly, without a clear business relationship, we cannot and do not treat any such submissions in confidence.  Accordingly, please do not communicate unauthorized idea submissions with us through the Site.  Any ideas disclosed to us outside of a pre-existing and documented confidential business relationship are not confidential and we may therefore develop, use, and freely disclose or publish similar ideas without compensating you or accounting to you.  We will make every reasonable effort to return or destroy any unauthorized idea submissions without detailed review of them.  However, if, in our sole discretion, we determine that a review is necessary, it will be with the understanding that we assume no obligation to protect the confidentiality of your idea or compensate you for its disclosure or use.  By submitting an idea or other detailed submission to us through the Site, you agree to be bound by the terms of these Terms.

10. Representations and Warranties.  By using the Site, you represent and warrant that you are using the Site solely for personal reasons and that you are not an attorney or an agent of an attorney conducting an investigation to a potential claim related to the Site, any materials available through the Site, or us.  You also represent and warrant that you are not engaging in activities in an attempt to circumvent, or make any efforts thereto, any encryption, password protection, or security features placed within the Site or any subpart thereof, or reverse engineer any part of the Site, portions of the Site, or any materials available through the Site.  You also represent and warrant that any information you provide us is true and accurate.

11. Contact Us.  If you have any questions or suggestions regarding these Terms, please contact us a: legal@smartcitylocating.com.

 


Website Accessibility Statement

Smart City has an ongoing commitment to achieving the highest levels of satisfaction for all aspects of our users’ online experiences. As part of these efforts, we are dedicated to offering a quality online experience at our website smartcitylocating.com (the “Website”) to fans with disabilities that is full and equal to that provided to users without disabilities.

To assist in achieving the aforementioned accessibility goals with respect to the Website, we have committed to the Website being designed, developed, and operated in substantial conformance with generally-recognized and accepted guidelines and/or standards for website accessibility (the “Standards”). While these Standards may change and/or evolve over time, they are currently the World Wide Web Consortium’s Web Content Accessibility Guidelines 2.0 at Levels A and AA (“WCAG 2.0”) and compliant with Section 508 of the U.S. Rehabilitation Act (the “Act”).

Working with experienced accessibility consultants and tools, we have been continuing to take the steps necessary to achieve substantial conformance with WCAG 2.0 and the Act. Furthermore, our Website will continue to be assessed on a recurring basis from both an engineering and user-experience basis, including the use of assistive technology (such as screen readers and screen magnifiers), and the involvement of users with disabilities who use such assistive technologies.

Contact Us with Your Accessibility Questions/Feedback

Please be aware that our efforts are ongoing. If, at any time, you have any specific questions, feedback, or concerns about the accessibility of any particular Web pages on the Website, please contact us via email at legal@smartcitylocating.com. 

If you do encounter an accessibility issue, please be sure to specify the Web page/URL in your email, and we will make all reasonable efforts to address your concerns.

REQUIRED TREC NOTICES

The following notices are required by the Texas Real Estate Commission, and are incorporated herein by reference:

Texas Real Estate Commission Information About Brokerage Services
Texas Real Estate Commission Consumer Protection Notice