Privacy and Cookie Policy
Kingbird Property Management, LLC
Rev. May 23, 2024
This Privacy and Cookie Policy (the “Policy”) describes the ways in which Kingbird Property Management, LLC (“KingbirdPM”) collects, uses, and discloses information about you, including personally identifiable information, in connection with the use of the website by users and investors of KingbirdPMPM.com. Throughout this Policy, “you” refers to the individual or entity that is visiting the Internet Service. By using the Website, you consent to the use of your information as set forth in this Policy.
a. Scope. KingbirdPM/Users utilizes the Internet “Website” to provide certain comprehensive service offering for property owners and investors, and communication services to you (the “Services”). In the course of providing the Services, KingbirdPM may collect Contact information “Personal Information”, which means any information relating to an identified or identifiable natural person (a “data subject”). [1]
b. Identifiable natural person: is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a full name, email address, phone number, data entry as a message provided by the user, an identification number, location data, an online identifier (or to one or more factors specific to the physical, physiological, genetic, economic, cultural or social identity of that natural person.
c. Service Provider: This Policy uses this term to refer to other service entities that KingbirdPM needs to keep the websites available, or data analytics. For example, Google Analytics, Web browsers such as Google, Chrome, MS Edge, among others.
d. Changes to this Policy. KingbirdPM reserves the right to update this Policy from time to time by posting a new Policy on this page, and in some cases where changes are material, KingbirdPM may also contact you via electronic mail to let you know of such changes. You are advised to consult this Policy regularly for any changes. If any changes are unacceptable to you, you must promptly contact KingbirdPM using the information below and refrain from using the contact information on the webpage until the issue is resolved. Your continued use of the website after such changes have been made constitutes an acceptance of those changes.
a. Information that You Provide. KingbirdPM collects any information that you voluntarily provide, including when you create or send massage on the contact information or when you use the Services available through this internet service. Information that you may provide includes your email address, full name, phone number, and/or a message provided by the users. KingbirdPM may also collect information that you provide by electronic mail, telephone or other means, or by cookies strictly required, as defined in this Policy.
b. Automatically Collected Information. KingbirdPM may automatically collect certain technical information from your computer or mobile device when you use this internet service, such as your Internet Protocol address, your web browser type and version, the name and version of your operating system, the pages you view on the Internet Platform, the pages you view immediately before and after you access the Webpages, and the search terms you enter on the Websites.
This information allows KingbirdPM to recognize you and personalize your experience if you return to the internet page using the same computer or mobile device, and to improve the Services. The KingbirdPM could utilize third-party application programming interfaces controlled by third parties, such as to display pages, graphs, analytics systems that may attempt to track your activity across other sites that utilize those interfaces.
c. Information about Legal and Other Materials. In addition, KingbirdPM may collect technical information from your computer or mobile device concerning your receipt of communications, access to materials and approval or execution of contracts, consents or other statements or agreements by means of Internet services, including the Terms of Use and this Policy.
d. Cookies. KingbirdPM may collect this information using “cookies,” which are small text files that the Internet Service saves on your computer or mobile device, or similar technologies. You can disable cookies in your browser settings, but doing so may affect the functionality of the Websites. For further information, see the Cookie Policy in Section 5 below. The KingbirdPM could utilize third-party application programming interfaces controlled by third parties, such as to display maps and graphs, that may attempt to track your activity across other sites that utilize those interfaces.
e. Cross-Site Tracking. KingbirdPM does not utilize technical measures in the website services to track your activities across different web sites or online services, whether you configure your browser’s “Do Not Track” feature or otherwise. However, KingbirdPM could utilize third-party application programming interfaces controlled by third parties, such as to display maps and graphs, that may attempt to track your activity across other sites that utilize those interfaces.
f. Reviewing and Correcting Information. KingbirdPM does not create a user’s profile in our systems. You information is collected using the contact information, in this case, you may request that KingbirdPM update your contact information and other Personal Information accessing your account/profile page, or by sending a written request at our contact information to end this Policy.
3. Use and Disclosure of Information. KingbirdPM may collect your information, use, share, and otherwise process your personal information for several purposes, including, but not limited to:
a. Accessing Websites and Providing the Services. KingbirdPM uses your Personal Information to provide you information related to the products, including providing you with information about the Services or required notices; customizing your experience when using websites, such as by providing interactive or personalized elements on the System, and providing you with content based on your interests. The legal basis for such use is the website or product’s Terms of Use and this Policy.
b. Analysis. KingbirdPM uses your Personal Information for improving our products and/or the Services, including by (i) combining or aggregating any of the information collected through our System or elsewhere, for generating and analyzing statistics about your use of the System and user demographics and traffic patterns, and (ii) using anonymized data that may or may not be derived from Personal Information, but does not personally identify you, both for disclosure to third parties and for the purpose of enhancing the Services and developing new Service offerings. The legal basis for such use is the System’s Terms of Use and this Policy and KingbirdPM’s legitimate interest in improving the System and Services.
c. Security. KingbirdPM may use your Personal Information for safety and security purposes, including sharing your information for such purposes, when it is necessary to pursue KingbirdPM’s legitimate interests in ensuring the security of the System and Services, including detecting, preventing and responding to fraud, intellectual property infringement, violations of the Services or Product’s Terms of Use, violations of law or other misuse of the System; and when KingbirdPM believes in good faith that disclosure is necessary (A) to protect KingbirdPM’s rights, the rights of other users of the websites, the integrity of the System, or your safety or the safety of others, or (B) to detect, prevent or respond to fraud, intellectual property infringement, violations of the Product’s Terms of Use, violations of law or other misuse of the System.
d. Service Provider. KingbirdPM engages third-party services (such as hosting analytics and security) to assist in operating and product marketing. KingbirdPM’s engagement of third-party services is often necessary to provide Services to you, particularly where third-party service ensures that the System and Services are operating correctly and in a secure mode. In other cases, KingbirdPM has a legitimate interest in third-party service that can help improve the System and the Service.
e. Other Disclosure. By accepting this policy you consent that KingbirdPM may disclose Personal Information about you to others: (a) with your valid consent to do so; (b) to comply with a valid subpoena, legal order, court order, legal process, or other legal obligation; (c) to enforce any of the terms and conditions or policies; or (d) as necessary to pursue available legal remedies or defend legal claims.
KingbirdPM may also transfer your Personal Information to an affiliate, a subsidiary or a third party in the event of any reorganization, merger, acquisition or sale, joint venture, assignment, transfer or other disposition of all or any portion of KingbirdPM’s business, assets or stock, including, without limitation, in connection with any bankruptcy or similar proceeding, provided that any such entity that KingbirdPM transfer Personal Information to will not be permitted to process your Personal Information other than as described in this Policy without providing you notice and, if required by applicable laws, obtaining your consent.
f. Marketing. We use or could submit your information to Third Parties via our system or using third party connections according by defined contractual clauses. We, or any other authorized third party could provide you with information about our products, services or required notices. Additionally, the authorized third party may use collected information to contact you or to deliver marketing communications, that may be of interest to you. You have the right to ask us or our third party not to process your Personal Information for marketing purposes.
4. Storage.
a. Jurisdiction. Information collected through our website will be stored in, processed in and subject to the laws of the United States and Puerto Rico, which may not provide the same level of protection for your information as your home country, and may be available to the United States and/or Puerto Rico government or its agencies under a lawful order made in the United States and/or Puerto Rico. By using the KingbirdPM websites, you consent to such transfer to, storage in and processing within the United States and/or Puerto Rico.
b. Security. KingbirdPM is committed to protecting your information from unauthorized access, use or disclosure. Our websites and its operators maintain administrative, technical and physical safeguards designed to protect the information collected through our Infrastructure. However, no information or communication system can be 100% secure, so KingbirdPM cannot guarantee the absolute security of your information (for example any common web browser such as Google, MS Edge, Chrome, among others). In addition, KingbirdPM is not responsible for the security of information that you transmit using services over KingbirdPM’s networks that it does not control, including the Internet browser and wireless networks.
c. Retention. KingbirdPM will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations. If you wish to access or correct any information KingbirdPM has about you, you may have your data deleted, blocked or corrected (as long as compliant with applicable law). The web browsers (KingbirdPM service) also collect and retain information through the system in an anonymized form, i.e. tracking the pages you visit and how much time was spent on each page.
5. Cookie Policy. This section provides KingbirdPM’s Cookie Policy and describes how KingbirdPM uses Cookies and similar technologies. For more information on KingbirdPM’s general data privacy practices, please see the full Policy.
a. Cookies. Cookies are small pieces of data that are stored on your computer, mobile phone, or other device when you first visit a page. KingbirdPM or Service Providers use cookies, web beacons and similar technologies (“Cookies”) to enhance your user experience, or to understand your usage of Products and Services to perform analytics. Cookies may also be set by other websites or services that run content on the page you are visiting. The provision of your data via Cookies is voluntary except for those Cookies that KingbirdPM places on your device because it is necessary for the performance of the System or Services. KingbirdPM uses “session cookies” and “persistent cookies”. Session Cookies are temporary Cookies that remain on your device until you leave the System or Services. A persistent Cookie may remain on your device for much longer until you manually delete it.
b. Use. Cookies can contain the following information about you and your use of the System: browser type, search preferences, data relating to which pages of the System you have visited and the date and time of your use. KingbirdPM uses Cookies for the following purposes to:
i. enable and support security features, prevent fraud, and protect your data from unauthorized access.
ii. enable features and help us provide you with personalized content.
iii. analyze how you use our services and to monitor site performance. These Cookies help us to identify and fix errors, understand and improve services, research and test out different features, and monitor how you reached the System.
c. Third-Party Cookies. KingbirdPM uses the following third-party Cookies on the System:
i. Google Maps and Google Charts. The System could include mapping and charting services from Google. These services use cookies in their internal operations. See https://policies.google.com/privacy for details.
ii. DocuSign. The System provides the option to execute agreements via DocuSign. If you interact with DocuSign via the System, you may encounter cookies used by DocuSign in their internal operations. See https://www.docusign.com/company/privacy-policy for details.
d. Opting Out. You can control and/or delete cookies as you wish – for details, see https://www.aboutcookies.org/. You can delete all cookies that are already on your computer, and you can set most browsers to prevent them from being placed. If you do this, however, you may have to manually adjust some preferences every time you visit a site, and some services and functionalities may not work as intended by KingbirdPM. We are using certain Cookie categories such as, but not limited to, the following:
i. Strictly Necessary: These Cookies are necessary for the website to function and cannot be switched off in our system. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these Cookies, but some parts of the site will not work then. These Cookies do not store any personally identifiable information.
ii. Performance Cookies: These Cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and/or least popular and see how visitors move around the site. All information these Cookies collect is aggregated and therefore anonymous. If you do not allow these Cookies we will know when you have visited our site and will not be able to monitor its performance.
iii. Targeting Cookies: These Cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertising on other sites. They do not store directly personal information but are based on uniquely identifying your browser and internet device. If you do not allow these Cookies, you will experience less targeted advertising.
6. Third-Party Websites. The services and communications from KingbirdPM may contain links to websites operated by third parties. You acknowledge and agree that KingbirdPM is not responsible for the collection and use of your information by such websites that are not under our control. KingbirdPM encourages you to review the privacy policies of each website you visit.
7. Children’s Information. The System is not directed to, nor does KingbirdPM knowingly collect information from children under the age of 18. If you become aware that your child or any child under your care has provided information without your consent, please contact KingbirdPM immediately using the contact information provided below. KingbirdPM will use reasonable efforts to delete the child’s information from our existing files.
8. Other Agreements. You may, from time to time, enter into binding legal agreements relating to certain Services available through the System, which may have terms that are different from those of this Policy. In the event of any inconsistency, the terms of such other agreement shall control with respect to such Services.
9. Contact Information. If you have any questions about this Policy or the collection or use of information about you, please write to:
Grupo Ferre Rangel – Legal
Postal Address: PO Box 11924
San Juan, Puerto Rico 00922-1924
[1] Identifiable natural person: is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a full name, email address, phone number, data entry as a message provided by the user, an identification number, location data, an online identifier (or to one or more factors specific to the physical, physiological, genetic, economic, cultural or social identity of that natural person.