Updated July 2021
We are pleased that you have elected to visit the website, www.eastdilsecured.com (the “Website” or the “Site”), which is operated by Eastdil Secured, L.L.C. (“Eastdil Secured”, “ES” “us” and “we”). Eastdil Secured is a market-leading commercial real estate advisory firm that offers its clients guidance and connectivity between the largest and most active real estate owners, operators, investors and lenders in the world. Our head office is at 40 West 57th Street, New York, NY 10019, and we have offices across the globe, details of which can be found here. The Website describes our products, services, markets and locations.
The following topics are discussed in more detail below:
- Your California Privacy Rights
- Collection and Use of Information
- Personal Data
- IP Address
- Financial Information
- Other Information
- Your Consent
- Use of Your Personal Data, purposes and legal basis
- Opting In and Opting Out of Electronic Communications
- Do Not Track Signals
- Use of Your Personal Data within Eastdil Secured
- Processing of EU, UK or DIFC Personal Data outside the EEA, the UK or the DIFC
- Use of Your Personal Data by Our Service Providers
- If Eastdil Secured changes ownership
- Lawful access, legal action and investigations.
- Automated Decision Making
- Disclosure of Information to Non-Affiliated Third Parties
- Retention of Personal Data
- Limiting Information Sharing/Accessing Your Information and other individual rights
- Protection and Security of Information
- Links to Other Website
- Governing Law
- Contact Us
California Privacy Rights
Under California law, California residents who have provided personally identifiable information to a company may have the right to request the categories of Personal Data provided and the specific pieces of Personal Data that the company has collected from you. California residents also may have the right to request a list of all third parties to whom that company has disclosed and/or sold such information for the third parties’business purposes during the preceding calendar year, along with a list of the categories of Personal Data that has been so disclosed and/or sold. Eastdil Secured does not at this time collect Personal Data other than internet and electronic activity information such as IP addresses through the Website, and does not use that Personal Data for any marketing or commercial purpose and does not share, sell, or disclose that Personal Data with any third party other than as set out in this policy. Notwithstanding the above, if you are a California resident who would like information on how to exercise your rights concerning third party disclosures under California law, you may contact Eastdil Secured by email at email@example.com.
Collection and Use of Information
Personal Data is information that uniquely identifies you, such as your name, address, email address, and telephone number. Eastdil Secured does not collect Personal Data via the Website other than (i) details which you provide to Eastdil Secured when you contact Eastdil Secured via the Website; and (ii) internet and electronic activity information such as IP addresses (see below).
If you are a client (or potential client) of Eastdil Secured, we may also receive and collect your Personal Data, which will be handled in accordance with our privacy policies.
If you consider working with us, you may also provide us with your Personal Data, which will be handled in accordance with our privacy policies.
An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your Personal Data but Eastdil Secured does reserve the right to use IP addresses to identify individuals who threaten the Site or other users or visitors. IP addresses may also be used to help diagnose problems with the Site and to gather broad anonymized demographic information about users of its Website.
Eastdil Secured does not collect any financial information through its Website.
When you access the Website, Eastdil Secured will automatically receive some information about your use of the service. The type of information that is automatically collected by Eastdil Secured includes such things as the date and time of access of the Website, the Internet protocol (IP) address of the computer that you are using (see above), the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the specific activities you are engaged in while visiting the Site (collectively, “Network Activity Data” or “Automatic Tracking Information”). This aggregate tracking information is used to help Eastdil Secured improve and enhance the website experience for all of its visitors. The information we collect in this manner is usually anonymized, and we will not identify you from this data, subject to a need to do so to protect the Site and/or other users. We will carry out such processing on the basis that it is necessary for our or such other users’ legitimate interests.
Unless you are located in the UAE, you must be 18 years of age to use this Site. If you are located in the UAE, you must be 21 years of age to use this Site. Eastdil Secured does not knowingly collect or maintain any Personal Data from children under the age of 16, and no part of the Site is designed with the purpose of attracting such children.
Use of Your Personal Data, purposes & legal basis
We collect and process some of your Personal Data so that we can perform a contract with you, some for the purpose of legal compliance and some for the purpose of our legitimate business interests (such as to respond to a communication you have sent to us via the Website and to carry out and improve our business and services and support our staff and clients). We require certain Personal Data to communicate with you as part of our engagement by you and/or entities associated with you (e.g. your work contact details), if you do not provide this Personal Data we will be unable to fulfil the terms of our engagement with you. We require certain Personal Data, such as copies of identity documentation, proofs of address and beneficial ownership information to fulfil our legal and regulatory obligations in relation to anti-money laundering and “know your client” obligations, if you do not provide us with this information we will be unable to fulfil our engagement with you, or entities associated with you, effect your or their investment decisions and, in certain situations, we may be obliged to terminate our arrangements with you.
We may also receive your Personal Data from third parties who collect Personal Data from you and pass it on to us (such as where our employees provide us with your information as their emergency contact details). We do not use the Personal Data we collect currently for any commercial purpose.
Where you have consented explicitly at the time we collected your Personal Data or where we otherwise have a right to do so, we may also use your Personal Data to let you know about any of our services that may be of interest to you and/or inform you about important changes or developments to our services by email. To the extent network activity data is used, it is used only as set forth in this Policy.
If you contact Eastdil Secured via direct postal mail and/or by telephone with a request and/or regarding your relationship with Eastdil Secured, we will contact you, if requested, using the contact information you provide at the time. Any contact information provided to Eastdil Secured at that time will be maintained and used only where we have a lawful basis to do so.
Opting in and opting out of electronic communications. If you receive electronic communications, such as emails, from Eastdil Secured at any time, you can opt-out of receiving future electronic communications by (i) emailing us at firstname.lastname@example.org or (ii) clicking on the “opt-out” or “unsubscribe” link in any commercial electronic communication you receive.
Do Not Track Signals. Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to the website that you are visiting, advising the recipient website that you do not want to have your online activity tracked. However, the way browsers communicate such “Do Not Track” signals is not yet uniform and accordingly, our Site do not take any action in response to such signals. In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.
Use of Your Personal Data Within Eastdil Secured. Eastdil Secured may share your Personal Data with our affiliates, which are companies controlled or owned by us, or companies that control us, or are under common control with us (“Affiliates”) subject to a lawful basis, such as our legitimate interests or your express consent, for the purposes of:
- effecting your engagement of us (e.g. preparing and executing our engagement documentation)
- carrying out your instructions during our engagement, including to assess suitable investment opportunities
- complying with our regulatory and legal obligations in the jurisdictions in which we operate, such as carrying out anti-money laundering and “know your client” checks and in connection with our internal accounting and taxation matters
- securing your information on our central systems and ensuring that our central administration teams can best support your Eastdil Secured team
- assessing whether you can benefit from or are suited to other opportunities with our Affiliates and/or putting you in contact with teams in different markets or offering other services
- taking appropriate security measures in relation to our physical locations (e.g. providing you with access cards at our premises) as well as our website, email and other of our external systems; and
- effecting other requests you might make of us during our engagement.
Processing of EU, UK or DIFC Personal Data outside the EEA, the UK or the DIFC. When we share the Personal Data of EU, UK or DIFC individuals (or individuals eligible to the protection of UK, EU or EU Member States’ or DIFC data protection laws) which results in a transfer of Personal Data outside the European Economic Area (“EEA”), the UK or the DIFC (as applicable) or it is necessary for us to transfer such Personal Data between countries outside of the EEA, the UK or the DIFC (as applicable), where required, we will take all reasonable steps to ensure that this Personal Data is treated securely and in accordance with this policy and applicable data protection legislation such as the UK GDPR, the EU GDPR, the DIFC Data Protection Law 2020 and French Act no. 78-17 of 6 January 1978 as modified on the protection of personal data, named as “Informatique et Libertés”) (e.g. by way of an adequacy decision, an approved mechanism by the DIFC Commissioner of Data Protection, a written contract containing the European Commission standard contractual clauses, copies of which can be found on the European Commission website, or provided under applicable data protection legislation, as applicable).
For transfers of Personal Data within the Eastdil Secured group, we have in place an intra group transfer agreement, which contains the European Commission Standard Contractual Clauses, copies of which may be found on the European Commission website.
Furthermore, in compliance with privacy laws, we also provide our opt-out lists to the non- affiliated third party companies identified below, so that communications sent by those companies on Eastdil Secured’s behalf do not get sent to addresses appearing on our opt- out lists.
The companies in relation to which you request or we provide you with information on their investment opportunities
- Your, our and their advisers in relation to such investment opportunities; and
- Market intelligence companies that may provide you with further information about such investment opportunities
If Eastdil Secured changes ownership. Subject to the applicable laws, we may also share your Personal Data as required to allow for a change in ownership of Eastdil Secured and/or any of Eastdil Secured’s Affiliates and/or of any business(es) to which the Site relates, and the related transfer of user information to the new owner. In the event of any such change of ownership, you will be notified that your Personal Data has been transferred to such third party and provided with an updated privacy notice in accordance with data protection laws.
Automated Decision Making
Eastdil does not make use of any profiling or automated decision-making.
Disclosure of Personal Data to Non-Affiliated Third Parties
We do not collect and do not sell, rent or market Personal Data collected on this Site to non- affiliated third parties for any purpose. However, we may disclose aggregated statistics about visitors to the Site, along with anonymous information concerning individual users of the Site. We may combine anonymous information and/or aggregate information we collect with additional anonymous and/or aggregate information collected from other sources, all in compliance with applicable data protection laws. We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including conducting general business analysis, and developing website content and services.
Retention of Personal Data
To the extent you provide any Personal Data to Eastdil Secured, such Personal Data is retained to deliver our services, to otherwise fulfill identified purposes as mentioned above, for record-keeping and where required to comply with our regulatory and legal obligations. Eastdil Secured only keeps your Personal Data for the time necessary to achieve the purposes pursued, subject to legal archiving possibilities and the obligations to keep certain data (in particular, in the event of litigation or pre-litigation or to respond to requests from authorized, regulatory and taxation authorities and law enforcement bodies), and / or anonymization of Personal Data. Where we process such Personal Data on the basis of your consent, we will only keep such Personal Data until you withdraw your consent. The data retention period may vary depending on the purpose pursued. Eastdil Secured generally retains its records for a minimum of seven years.
At some point, within the limit of these time periods, Eastdil Secured may elect to destroy, erase or anonymize your Personal Data. Once anonymized, Eastdil Secured undertakes not to re-identify the information.
Limiting Information Sharing/Accessing Your Information and Other Individual Rights
To the extent any Personal Data is provided to Eastdil Secured by you or is collected by Eastdil Secured about you, you may have the following rights:
- To request a copy of the Personal Data we hold about you together with certain other information in relation to how we have processed your Personal Data and a list of the organisations to whom it has been disclosed
- To request that we correct or amend the Personal Data that we hold about you
- To request that we erase the Personal Data we hold about you
- To block or object to our processing of your Personal Data
- To request that we transfer your Personal Data to a third party
- Where we rely on your consent to process your Personal Data, to withdraw that consent
- To lodge a complaint with a data protection regulator (see below) or
- If you are a French citizen or otherwise benefit from French data protection laws, you also have the right to give instructions concerning the use and disclosure of your Personal Data after your death.
- The right to exercise your legal rights in relation to your Personal Information without being discriminated against.
If you wish to exercise any of these rights, please contact us by email at email@example.com.
Protection and Security of Information
Eastdil Secured maintains reasonable standards of confidentiality and security for the Website and the Personal Data collected from the Website. Physical, technical, electronic and managerial procedures have been employed to safeguard the security and integrity of Personal Data collected through the Website. Any Personal Data you provide is secured using industry standard security technology. Eastdil Secured also restricts its own employees’ access to Personal Data. However, it is possible that someone may intercept or access communications, transmissions and/or Personal Data.
In the event that Eastdil Secured determines that there has been a security breach that results in the unauthorized disclosure of Personal Data to a third party, Eastdil Secured will promptly notify consumers whose Personal Data it reasonably believes has been compromised by posting information on the Website and, if email contact is possible, then also by sending an email notification with respect to the situation.
You acknowledge that the security of online transactions you conduct using the Website cannot be fully guaranteed. To the fullest extent permitted by law, including subject to the protection offered by EU and EU Members States’ data protection laws, Eastdil Secured shall not accept responsibility for misuse or loss of, or unauthorized access to, your Personal Data.
Links to Other Website and Service
From time to time, the Site may contain links to other websites or social media features (collectively, “other websites”) that are not controlled and/or maintained by Eastdil Secured. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices. Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used. Eastdil Secured is not responsible for the contents or privacy practices of any linked site or any link on a linked site.