INTRODUCTION
Welcome to the 346 Kent LLC and Domino Development Partners LLC (“One Domino Square”) website (the “Site”). One Domino Square is committed to protecting the privacy of visitors to the Site. You (“You” or “Your” as applicable) should read and understand the following Privacy Policy (“Policy”). This Policy is intended to provide You with information regarding One Domino Square’s collection, storage, use, and disclosure of Your personal information (“Information”). This Policy applies to all services available on the Site and does not apply to services or products offered by other companies or individuals, including third party sites made available through this Site. By using the Site, You consent to the collection and use of Your Information by One Domino Square as described in this Policy and the One Domino Square Terms and Conditions located at www.twotreesny.com, which is incorporated herein by reference and may include terms which are listed but not defined in this Policy.
One Domino Square may update this Policy in the future and One Domino Square reserves the right to revise this Policy at any time. Any such revisions shall be effective immediately upon notice thereof. Such notice may be provided by any means, including by posting a revised Policy. Your use of the Site subsequent to such notice shall be deemed acceptance by You of such revised Policy.
INFORMATION COLLECTED/ 3rd Party websites:
We collect both “Personal Information” and “Anonymous Information” about our users.
“Personal Information” is information that can be used to contact or identify you or individuals about whom you enter information as part of your application on our Services, such as first name, last name, social security number, real estate license number, email address, phone number, street address, e-mail address, username and/or email address in combination with a password or security questions and answers, account numbers or credit/debit card numbers, even without a security code, access code, or password if the account could be accessed without such information, as well as information that is linked to the forgoing information.
“Anonymous Information” is information that cannot be used to contact or identify an individual and is not linked to information that can be used to do so. It includes passively collected information about your activities on the Services, such as usage data, to the extent that information is not linked to your Personal Information.
Like most website and mobile app providers, we passively collect certain information from your devices, such as your IP address, browser information, unique device identifier (“UDID”) and/or your mobile operating system. We also collect geolocation data from Users that use the Services.
a. Voluntarily submitted information
• We collect Personal Information that you voluntarily provide to us during your use of the Services, including when you subscribe to our broker listings, fill out the Contact Us form, contact an agent, schedule a tour of an available apartment, submit an application, enter information in the Services, make payments or otherwise manage your account with us through the Services.
b. Information collected via technology
• We may collect information from your use of the Services, including your hardware model, browser type, operating system, Internet Protocol (IP) address and domain name. If you are using a mobile device, One Domino Square may also receive your UDID, or another unique identifier, and mobile operating system. We may correlate this information with other Personal Information we have about you. We may also use tools such as cookies to gather information as well. “Cookies” are small pieces of information that a website sends to your device while you are viewing the website. We use both session Cookies (which expire once you close your web browser), persistent Cookies (which stay on your device until you delete them) and third party Cookies (which are placed by a website from a domain other than ours) to provide you with a more personal and interactive experience. Persistent Cookies can be removed by following web browser help file directions. A “Pixel” is a snippet of code that collects information about a visitor’s behavior on a website, and then sends the information back to the originating platform to be processed and reported.
• Geolocation data: If you access the Services through a mobile device, we may access, collect, monitor and/or remotely store “geolocation data.”
• We use third party services, such as Google Analytics and Google Search Console, to track and analyze online behavior data of Users. In particular, we utilize features of Google Analytics called “Remarketing,” “Demographics and Interest Reporting” and “Ad Words.” These services enable us to use Google Analytics’ third-party audience data help inform, optimize, target and serve ads based your visits to our Website. We do this to better understand how you use the Services, with a view to offering improvements for all Users, and to tailor our business and marketing activities accordingly.
• If you would like to opt out of Google Analytics, please download and install the browser plugin at http://tools.google.com/dlpage/gaoptout?hl=en. Users can also opt out of third party interest based advertising by visiting the Network Advertising Initiative’s deactivation website at www.networkadvertising.org/choices/.
USE OF COLLECTED INFORMATION
Personal Information
We may use your Personal Information for the following representative purposes:
• Schedule an apartment tour for you
• Send communications and administrative emails
• Process and evaluate information provided by you through the application process and contact you regarding the same
• Process information uploaded by you to our Services
• Process application, rent and other payments
• Send you information you request about the building, amenities and services
• Send you promotional/marketing information, newsletters, offers or other information from us or on behalf of our sponsors or partners
• Perform internal operations, including fraud detection**
• ·Analyze, benchmark and conduct research on user data and interactions with the Services
Anonymous Information
We may use Anonymous Information for the following representative purposes:
• Perform internal operations on the Services
• Improve the Services and customize the user experience
• Aggregate the information collected via Cookies and Pixels to use in statistical analysis to help us track trends and analyze patterns
SHARING AND DISCLOSING INFORMATION
We will not rent, sell or share your Personal Information with third parties except as specifically approved by you at the time of disclosure or under the circumstances described in this Privacy Policy.
If you do not want us to use or disclose Personal Information collected about you in the ways identified in this Privacy Policy, you may choose not to use the Services or provide your Personal Information at any time.
In addition to using the information collected by us for the purposes described in Section 2 above, we may also share your information as described below. Please review our sharing policy closely, especially with respect to your Personal Information.
In addition, by downloading and using the Services, you agree to allow us to share your geolocation information.
a. Service Providers
• We share Personal Information with vendors, consultants and other third-party service providers who perform services on behalf of - and at the request of – One Domino Square, including without limitation, companies that provide email services and host the Services, and third-party payment processors to enable the ability for you to make payments through the Services.
• One Domino Square has selected companies who maintain high standards with respect to privacy and agree to use the Personal Information only to perform specific services on behalf of One Domino Square and in accordance with the terms and conditions of this Privacy Policy.
b. Compliance with Laws, Law Enforcement and Safety
• We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend One Domino Square’s, or a third party’s, rights or property.
c. Aggregated Anonymous Information
• Aggregated Anonymous Information is the combination of your Anonymous Information with the Anonymous Information of other Users (“Aggregated Anonymous Information”). Aggregated Anonymous Information does not allow you to be identified or contacted. We may share such Aggregated Anonymous Information with third parties.
d. Business Transactions
• We may share all or some of your Personal Information with any of our subsidiaries, joint venturers, or other companies under common control, in which case we will require them to honor this Privacy Policy.
SECURITY OF YOUR INFORMATION
One Domino Square uses commercially reasonable procedures to protect the Information collected through the Site. Please understand that no security system is perfect and, as such, One Domino Square does not guarantee the security of the Site, or that Your Information won’t be intercepted while being transmitted to the Site. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” or “personal information” (as defined in applicable state statutes on security breach notification) to you via email and/or conspicuous posting on the Website in the most expedient time possible and without unreasonable delay, insofar as it is consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
LINKS TO THIRD PARTY WEBSITES
Although the Site contains links to third party websites, One Domino Square is not responsible for the privacy policies and/or practices on those third party websites. Where One Domino Square has linked You to a third party website You should read the terms and conditions and privacy policy stated on that third party website as it governs the use of that third party website.
CHILDREN’S PRIVACY
The Site is directed to persons 18 years of age or older. Accordingly, You must be 18 years of age in order to access the Site. If You are under 18 years of age You may not access the Site without the consent of a parent or guardian. One Domino Square does not knowingly collect, distribute or share any Information from persons under 18 years of age and One Domino Square is not under any obligation to verify that persons accessing the Site are, in fact, over 18 years of age. If One Domino Square becomes aware that a child under 18 years of age has provided Information to One Domino Square or the Site, One Domino Square will delete such Information as soon as is possible under the circumstances.
TERMINATION
If you decide at any time that you no longer wish to receive the Services, please follow the unsubscribe instructions provided in any of the communications You receive. One Domino Square will delete Your One Domino Square ID and/or cease providing You with Services within thirty (30) days of receiving Your termination request and all of Your Information will be removed and no longer available on the Site. Please note that One Domino Square reserves the right to use Your Information in any aggregated data collection after termination, however One Domino Square will ensure that the use of such Information will not identify You personally.
CALIFORNIA PRIVACY RIGHTS
Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that individual, 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 (ii) the names and addresses of all such third parties. To request the above information, California residents can email us at info@twotreesny.com.
QUESTIONS
If You have any questions concerning this Policy or the Site, please contact One Domino Square at info@twotreesny.com
Effective Date: March 15th, 2023
TERMS & CONDITIONS
INTRODUCTION
By using the websites hosted by One Domino Square Management Co, LLC (“One Domino Square”) and its affiliates (collectively referred to as the “Site”), you (“You” or “Your” as applicable) agree to be bound by all of the terms and conditions outlined herein and to use the Site only as permitted by these Terms and Conditions and not for any unlawful or inappropriate purpose. If You access or use the Site on behalf of a business or individual, You represent to One Domino Square that You have the authority to bind that business or individual and Your acceptance of these Terms and Conditions will be treated as acceptance by that business or individual. In that event, You and Your in these Terms and Conditions will refer to that business or individual. If You do not agree with these Terms and Conditions, You must immediately stop using the Site.
Please refer to the One Domino Square Privacy Policy, located at www.twotreesny.com and incorporated herein by reference, for any terms which are listed in these Terms and Conditions and not defined herein.
CHANGES
One Domino Square reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time by posting revised Terms and Conditions on the Site. Changes in these Terms and Conditions will be effective when such change is posted. Your use of the Site after any changes to these Terms and Conditions are posted on the Site will be considered acceptance of those changes. One Domino Square may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. One Domino Square may also impose limits on certain features and Services or restrict your access to parts or the entire Site without notice or liability. One Domino Square may terminate the authorization, rights and license given herein.
SERVICES / REGISTRATION
One Domino Square offers Services on the Site which may require You to become a registered user. In order to become a registered user you must create a username and password, and provide One Domino Square with Your first name, last name and email address. Other Services available on the Site may require You to input solely an email address in order to receive the benefits of those Services.
Certain Services available on the Site may allow You to distribute materials and information downloaded from the Site to third parties via the third party’s email address. You represent that You have the authority to provide the email addresses of those third parties, and that those third parties have agreed to receive such materials and information from One Domino Square.
One Domino Square collects and stores the email addresses and other information input into the Site, including but not limited to the email address You use to register for and/or access Services and the email addresses of any third parties designated by You to receive materials or information from the Site. One Domino Square may circulate notices, news alerts, materials, updates or any other information to those email addresses in the future. You hereby grant One Domino Square permission to distribute any notices, news alerts, materials, updates or any other information to those email addresses.
SECURITY OF YOUR INFORMATION
The Information You provide as part of becoming a registered user is protected by the username and password You create. You can help prevent the unauthorized disclosure of Information by choosing and protecting Your password appropriately. This includes not sharing Your password with others, and choosing a “strong” password that includes at least 8 characters comprising at least one capital letter, one number and one non-alphanumeric symbol. You can also help prevent unauthorized disclosure by preventing others from using Your computer and/or password, and by completely signing off and closing Your browser after accessing the Site.
INTELLECTUAL PROPERTY
All content included on the Site, including but not limited to text, graphics, logos, button icons, images, and software, is the property of One Domino Square or its content suppliers and is protected by United States and international copyright, trademark or other laws and regulations. You agree to access the materials posted on these pages manually, and not automatically, and solely for your own personal use or in connection with any business relationship between yourself and One Domino Square and such materials may be downloaded to your own hard disk or sent to a printer solely for that purpose. You agree not to copy, modify, broadcast, publish, retransmit, disseminate, commercially exploit or distribute the contents of these pages without the express written permission of One Domino Square. Nothing contained herein confers, by implication, estoppel or otherwise, any license or right under any patent, trademark, copyright or other proprietary right of One Domino Square. All rights are hereby reserved.
USE OF CONTENT
All information and content included on the Site is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. One Domino Square strives to provide accurate and up-to-date material on the Site. However, One Domino Square makes no warranties or representations as to the accuracy or timeliness of the material provided through the Site. One Domino Square assumes no liability or responsibility for any errors or omissions on the Site.
You agree not to take any action, alone or with others, that would interfere with the operation or performance of the Site, to alter the Site in any way, or to impede others’ access to and freedom to enjoy and use the Site.
OTHER WEBSITES
For your convenience, One Domino Square may provide links to websites belonging to other companies, including affiliates of One Domino Square. Those websites are not under the control of One Domino Square and One Domino Square does not monitor, make any representation with respect to or assume any liability with respect to any third-party websites, including, without limitation, for any products or services that are advertised or available for purchase through such third-party sites. The fact that One Domino Square has provided a link to such websites is not to be interpreted as an endorsement of their contents. You shall remain solely responsible for protecting yourself from viruses and other destructive elements that may be present on those sites. Please refer to these third party websites for their terms and conditions and other policies.
IDEMNITY
Each user of the Site agrees to indemnify and hold harmless One Domino Square, its affiliates, and its and their respective shareholders, partners, officers, trustees, directors, agents and representatives from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Site and the content herein.
LIMITATION OF LIABILITY
NEITHER One Domino Square, NOR ITS AFFILIATES OR ITS OR THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, PARTNERS, OFFICERS, TRUSTEES, DIRECTORS, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF One Domino Square HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO: (I) YOUR USE OR INABILITY TO USE THE SITE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (Ill) STATEMENT OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (IV) ANY OTHER MATTER RELATING TO THE SITE OR ITS CONTENTS.
ONLINE ADVERTISING WE USE
We use Google AdWords and Adroll Remarketing to advertise trigger across the Internet. AdWords and Adroll remarketing will display relevant ads tailored to you based on what parts of the TriggerApp website you have viewed by placing a cookie on your machine. THIS COOKIE DOES NOT IN ANYWAY IDENTIFY YOU OR GIVE ACCESS TO YOUR COMPUTER. The cookie is used to say “This person visited this page, so show them ads relating to that page.” Google AdWords and Adroll Remarketing allows us to tailor our marketing to better suit your needs and only display ads that are relevant to you.
MISCELLANEOUS
Acceptance. If You do not accept all of the terms and conditions set forth in these Terms and Conditions, You may not access or use the Site.
Assignment. You may not assign any of Your rights or obligations under these Terms and Conditions without One Domino Square express prior written consent. One Domino Square may assign its rights or assign or delegate any of its obligations under these Terms and Conditions without restriction.
Enforceability, Waiver and Severability. If any provision of these Terms and Conditions is found illegal or unenforceable, the Terms and Conditions will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of these Terms and Conditions will not be affected. No delay or failure by One Domino Square to exercise or enforce any of its rights under these Terms and Conditions will act as a waiver of such rights. Each provision of these Terms and Conditions shall be severable from every other provision hereof for the purpose of determining the legal enforceability of any specific provision.
Entire Agreement. These Terms and Conditions, along with the One Domino Square Privacy Policy, constitute the entire understanding between One Domino Square and You with respect to the matters and transactions contemplated hereby and supersedes all previous agreements between You and One Domino Square concerning the subject matter hereof. You acknowledge and agree that You have not relied on any statement, representation or promise of One Domino Square in agreeing to these Terms and Conditions and the One Domino Square Privacy Policy.
Export and International Use. The Site is controlled and offered by One Domino Square from its facilities in the United States of America. One Domino Square makes no representations that the One Domino Square Site is appropriate or available for use in other locations. Those who access or use the One Domino Square Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Good Faith. You agree to act in good faith with respect to each provision of these Terms and Conditions and any dispute that may arise related hereto or thereto.
Governing Law, Jurisdiction and Venue. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to or application of choice of law rules or principles. You expressly consent to the personal and exclusive jurisdiction and venue of the state and federal courts located in New York County of the State of New York for any claim or action arising out of or relating to these Terms and Conditions or Your use of the Site. You agree that: the Site shall be deemed to be solely based in the State of New York; the Site shall be deemed a passive website that does not give rise to personal jurisdiction over One Domino Square, either specific or general, in jurisdictions other than the State of New York; and ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES.
Headings. The section headings and subheadings contained in these Terms and Conditions are included for convenience only and shall not limit or otherwise affect the terms hereof.
Notices. Any notices to One Domino Square required to be given in writing under these Terms and Conditions shall be delivered either by hand, overnight delivery service or First Class United States mail and shall be pre-paid and addressed as follows: One Domino Square Management Co, LLC 45 Main Street, Brooklyn, NY 11201
Survival. All terms of these Terms and Conditions which by their nature extend beyond the termination of the Terms and Conditions shall remain in effect for as long as necessary to permit their full discharge and apply to each party’s respective successors and permitted assigns.