Gemini Rosemont Privacy Policy

1. Acceptance of Privacy Policy

Welcome to Gemini Rosemont Realty LLC (“Gemini Rosemont” “we” or “us”) and our Privacy Policy (“Privacy Policy”). This Privacy Policy is important and affects your legal rights, so please read carefully.

By accessing or using https://www.geminirosemont.com/, www.geminirosemontnyc.com/, https://dev.geminirosemont.com/, and various related websites and services (collectively, the “Gemini Rosemont Services”), you agree to be bound by this Privacy Policy and all of the terms incorporated herein by reference. By using the Gemini Rosemont Services and/or submitting or collecting any personal data via the Gemini Rosemont Services, you accept and expressly consent and agree to our practices surrounding the collection, use, and sharing of your personal information in accordance with this Privacy Policy. IF YOU DO NOT CONSENT AND AGREE WITH THE TERMS OF THIS PRIVACY POLICY, YOU CANNOT, AND WE DO NOT AUTHORIZE YOU TO, ACCESS, BROWSE, OR USE THE GEMINI ROSEMONT SERVICES.

Our processing of personal information, such as your name, address, e-mail address, or telephone number, will be undertaken consistent with the requirements of applicable privacy laws, including, but not limited to, the California Consumer Privacy Act (“CCPA”), the California Privacy Rights Act (“CPRA”), the Virginia Consumer Data Protection Act of 2021, the Colorado Privacy Act of 2021, the Utah Consumer Privacy Act of 2022, the Connecticut Data Privacy Act of 2022, the Texas Data Privacy and Security Act (“TDPSA”), the Oregon Consumer Privacy Act (“OCPA”), and the Montana Consumer Data Privacy Act of 2023 the EU General Data Protection Regulation (“GDPR”), the UK General Data Protection Regulation (“UK GDPR”), and the Canadian Personal Information Protection and Electronic Documents Act (“PIPEDA”).

2. Information We Collect

2.1 Personal Information We Collect Directly from You

We receive personal information as described to you at the point of collection, pursuant to your consent, and/or when you voluntarily provide us with personal information, including:

(1) individual information (such as your e-mail address and phone number);

(2) company information (such as your company’s address); and

(3) other identifying information that you voluntarily choose to provide to us, including without limitation unique identifiers such as passwords, and personal information in messages you send to us.

We may also collect additional information, which may be personal information, as otherwise described to you at the point of collection or pursuant to your consent.

2.2 Information We Automatically Collect When You Use Our Site

In order to access and use certain areas or features of the Gemini Rosemont Services, you consent to our collection and use of certain information about your use of the Gemini Rosemont Services through the use of tracking technologies or by other passive means, including when you receive, open, engage, forward, and/or click through the Services. Your consent to our access and use of this “passively collected” information includes, but is not limited to, the domain name of the website that allowed you to navigate to the Gemini Rosemont Services, search engines used, the internet protocol (IP) address used, the length of time spent on the Gemini Rosemont Services, the pages you looked at on the Gemini Rosemont Services, other webpages you visited before and after visiting the Gemini Rosemont Services, the type of device and/or internet browser you have, the frequency of your visits to the Gemini Rosemont Services, and other relevant statistics (collectively “Traffic Data”).

3. How We Collect Information

We collect information (including personal information and Traffic Data) when you use and interact with the Gemini Rosemont Services, and in some cases from third party sources. Such means of collection include:

· When you access, use, or contact us through the Gemini Rosemont Services.

· When you voluntarily provide information through the Gemini Rosemont Services.

· If you use a location-enabled browser, we may receive information about your location and device.

· Through Cookies, Web Beacons, analytics services, and other tracking technologies (collectively, “Tracking Tools”).

4. How We Use Your Information

We do not engage in automated decision making. We may use information (including information that has been de-identified and/or aggregated) to better understand who uses the Gemini Rosemont Services and how we can deliver a better user experience. We use information, including personal information, to provide the Gemini Rosemont Services and to help improve the Gemini Rosemont Services, to develop new services, and to advertise our services. Specifically, such use may include:

· Providing you with the products, services, and information you request.

· Corresponding with you.

· Providing, maintaining, administering, or expanding the Gemini Rosemont Services, performing business analyses, and for other internal purposes.

· Combining information received from third parties with information that we have from or about you and using the combined information for any of the purposes described in this Privacy Policy.

· Showing you advertisements, including interest-based or online behavioral advertising.

· Fulfilling our legal obligations, such as preventing, detecting, and investigating security incidents, fraud, and potentially illegal or prohibited activities.

· Enforcing our Privacy Policy and other agreements.

By providing your e-mail and/or phone number and checking a box, clicking the “complete” button, or some other affirmative act, you are consenting to receive e-mails and/or calls and text messages, including live, prerecorded, and/or automated calls and messages, to that email or phone number. After signing up, you will receive a confirmation e-mail or text message from Gemini Rosemont on your mobile number. This agreement is not entered into as a term or requirement of any purchase or promotion. Normal message and data rates may apply. Message frequency may vary. Neither we nor the participating carriers guarantee that messages will be delivered. We may discontinue these programs at any time without notice.

5. How We Share Your Information

In certain circumstances, and in order to perform the Gemini Rosemont Services, we may share certain information about you as described in this Section:

· We do not sell your personal information to third parties.

· We may share your personal information with our partners to customize or display our advertising.

· We may share your personal information and/or Traffic Data with our partners who perform operational services for us (such as hosting, billing, fulfillment, data storage, security, insurance verification, web service analytics, or ad serving).

· We may share your personal information and/or Traffic Data with our partners to analyze device activities and generate targeted advertisements.

· We may transfer your personal information to another company in connection with a proposed merger, sale, acquisition or other change of ownership or control by or of Gemini Rosemont (whether in whole or in part). We will make reasonable efforts to notify you before your information becomes subject to different privacy practices.

· We also may need to disclose your personal information or any other information we collect about you if we determine in good faith that such disclosure is needed to: (1) comply with or fulfill our obligations under applicable law; (2) protect the rights, property or safety of you, Gemini Rosemont or another party; (3) enforce this Privacy Policy or other agreements with you; or (4) respond to claims that any posting or other content violates third-party rights.

6. Collection and Use of Sensitive Information

We have collected the following categories of sensitive personal information from consumers within the last twelve months:

· Government identifiers

· Complete account credentials

· Racial or ethnic origin

· Mail, email, or text message contents

· Citizenship

· Immigration status

We do no use or disclose sensitive personal information for purposes other than those specified in the CCPA/CPRA.

7. Storage and Security of Information

Any information you send to us electronically, while using the Gemini Rosemont Services or otherwise interacting with us, may not be secure when it is transmitted to us. We recommend that you do not use unsecure channels to communicate sensitive or confidential information to us. Please be aware, despite our best efforts, no security measures are perfect or impenetrable, and we cannot guarantee “perfect security.” Any information you send us through any means is transmitted at your own risk.

8. Your Choices

8.1 Information You Provide

You can choose whether or not to provide personal information through the Gemini Rosemont Services. We will not discriminate against you for exercising any of your rights relating to your personal information and will not (i) deny you goods or services, (ii) provide you with a different level or quality of services, or (iii) charge you different prices for services for doing so.

8.2 California Privacy Rights

In the preceding 12 months, we collected and disclosed for a business purpose the following categories of personal information about California consumers:

  
      Category
      Examples
      Collected?
      Categories of Recipients
    
      Identifiers
      Name, address, e-mail address, IP address
      Yes
      Organizations providing services to Gemini Rosemont, accountants,
investors, business partners

      Personal information categories listed in the California Customer
Records statute

      Name, professional- related information; and employment-
related information

      Yes
      Organizations providing services to Gemini Rosemont, accountants, investors, business partners
    
      Protected classification characteristics under California or federal law
      Name, age, citizenship, nationality, ancestry, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military
status, proof of eligibility to work

      Yes
      Organizations providing services to Gemini Rosemont, accountants, investors, business partners
    
      Commercial information
      Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or
tendencies.

      Yes
      Organizations providing services to Gemini Rosemont, accountants, investors, business partners
    
      Internet or other similar network activity
      Browsing history, search history, information on a consumer’s interaction
with the Gemini Rosemont Services

      No
       
      Geolocation data
      Location and movement data
      No
       
      Professional or employment-related information
      Proof of eligibility to work, resumé, other professional-related information and
employment-related information

      Yes
      Organizations providing services to Gemini Rosemont, accountants, investors, business partners
    
      Biometric information
      Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical
patterns, and sleep, health, or exercise data

      No
       
      Non-Public Education Information
      Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, cla	ss lists, student schedules, student identification codes, student financial information, or student
disciplinary records

      No
       
      Inferences from the foregoing
      Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes,
intelligence, abilities, and aptitudes.

      No

Purposes for Collection, Use, and Sharing. We use and disclose the personal information we collect for our commercial purposes, as further described in this Privacy Policy, including for our business purposes with our partners and service providers as follows:

· Legal compliance and auditing related to our interactions with you.

· Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and exercising our related rights.

· Performing and improving out services (by us or our service provider(s)).

· Internal operations.

· Other one-time or short-term uses.

Your Rights. If you are a California resident you may have the following rights under the CCPA/CPRA in relation to personal information we have collected about you, to the extent required by the CCPA/CPRA and subject to verification:

Right to Know/Access: You have the right to request certain information about our collection and use of personal information about you as described below:

· The specific pieces of your personal information collected.

· The categories of your personal information collected.

· The categories of sources from whom your personal information is collected.

· The purpose for collecting your personal information.

· The categories of third parties with whom we have shared your personal information.

Right to Delete: You have the right to request that we delete certain personal information we have about you.

Freedom from Discrimination: You have the right to be free from unlawful discrimination for exercising any of your privacy rights.

Right to Correct: You have the right to request that we correct inaccurate personal information regarding the information you provide us.

Right to Restrict the Use of Sensitive Personal Information: You have the right to restrict the use of your sensitive personal information.

Right to Access Information on Automated Decision-Making: You have the right to access information collected through automated decision-making. Additionally, you can opt-out of our use of automated decision-making related to your personal information.

To make a request in relation to the above rights, please contact us using the information below. To fulfil your request, we will need to verify your identity. Only you or someone legally authorized to act on your behalf may make a request related to your personal information. To designate an authorized agent, the authorized agent must provide sufficient information that allows us to reasonably verify that you authorize them to act on your behalf.

8.3 Canada, European Union and United Kingdom Privacy Rights

If our processing of your personal information is subject to GDPR, UK GDPR, and/or PIPEDA, and unless subject to an exemption, you may have the following rights with respect to your personal information:

Right of Access: You have the right to view and request copies of your personal information.

Right to Rectification: You have the right to request that your inaccurate or outdated personal information be updated or corrected.

Right to be Forgotten/Right to Erasure: You have the right to request your personal data be deleted, upon providing verification to us.

Right to Restrict Processing: You have the right to request the restriction or suppression of our processing of your personal information.

Right to be Informed: You have the right to be informed about the collection and use of your personal information.

Right to Data Portability: You have the right to ask for your personal information to be transferred to you or to another controller.

Right to Withdraw Consent: You have the right to withdraw previously given consent to process your personal information.

Right to Object: You have the right to object to the processing of your personal information.

Right to Object to Automated Processing: You have the right to object to decisions being made with your personal information solely based on automated decision making or profiling.

We will need to verify your identity to process any requests described in this Section and may deny your request if we are unable to verify your identity. Government or other identification may be required.

If you are a resident of the European Economic Area (“EEA”), when we process your personal information, we will only do so in the following situations:

· We need to use your information to perform our responsibilities under our agreement with you.

· We have a legitimate interest in processing your personal information. For example, we may process your personal information to send you marketing communications, to communicate with you about the Gemini Rosemont Services, and to provide and improve the Gemini Rosemont Services.

· We have your consent to do so.

If your personal data is subject to GDPR or UK GDPR, we will transfer personal data from the EEA to a location outside the EEA only when there has been a documented adequacy determination, or where we have confirmed adequate privacy protections. If your personal data is subject to PIPEDA, we will transfer personal data from Canada to locations outside Canada only where we have confirmed adequate privacy protections. If we transfer personal data to a third party acting as our agent, we will also obligate the third party to have adequate privacy protections in place.

9. How Long We Retain Your Information

We retain personal information about you for as long as necessary to provide you the Gemini Rosemont Services. In some cases, we retain personal information for longer, if doing so is necessary to comply with our legal obligations, or as otherwise permitted by applicable law. Afterwards, we retain some information in a de-identified and/or aggregated form but not in a way that would identify you personally.

10. Information Provided on Behalf of Children and Others

The Gemini Rosemont Services are not intended for use by children. Individuals under the age of 18 may not use the Gemini Rosemont Services. Gemini Rosemont does not knowingly collect any information from children. If you are under 18, do not attempt to register for the Gemini Rosemont Services or send us any personal information. By accessing, using and/or submitting information through the Gemini Rosemont Services, you represent that you are not younger than 18 and that you have authority to do so. If you are a parent or legal guardian of a minor child, you may, in compliance with this Privacy Policy, use the Gemini Rosemont Services on behalf of such minor child. Information you provide through the Gemini Rosemont Services on behalf of a minor child will be treated as personal information as provided herein. If you use the Gemini Rosemont Services on behalf of another person, regardless of age, you represent and warrant that you have authority to do so.

11. Third Party Web Services

The Gemini Rosemont Services may contain links or content from third party websites. A link or content from a third-party website does not mean we endorse that website, the accuracy of information presented, or the persons or entities associated with that website. If you visit a third-party website, you are subject to the privacy policy of the applicable third party and we are not responsible for the policies and/or practices of any third party. We encourage you to ask questions before you disclose your information to others.

12. Updates and Changes to Privacy Policy

The effective date of this Privacy Policy is set forth at the top of this webpage. We will notify you of any material change by posting notice on this webpage. Your continued use of the Gemini Rosemont Services after the effective date of any amendment to this Privacy Policy constitutes your acceptance of the amended Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices. Any amended Privacy Policy supersedes all previous versions. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE Gemini Rosemont SERVICES AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

13. Contact Us

The data controller for the purposes of GDPR, UK GDPR, PIPEDA or other data protection laws is Gemini Rosemont. If you have any questions about this Privacy Policy, please contact us at privacy@geminirosemont.com or at:

Gemini Rosemont

Attn: Data Privacy

2000 Avenue of the Stars, Suite 550-N Los Angeles, CA 90067

Email: privacy@geminirosemont.com