What does this privacy policy cover?

Lightstone New York Regional Center LLC (the “Regional Center”) believes strongly in protecting your privacy and the confidentiality of your Personal Information (as defined below). We acknowledge that you may have privacy and security concerns. This Privacy Policy (this “Policy”) explains how we may use or disclose information that we obtain from or about you through your use or in connection with your use of our website. For the purposes of this Privacy Policy, the term “website” identifies all web pages that link to this Policy (each referred to as a “Site”)

If you have any questions or concerns, please contact us at info@eb5Lightstone.com or writing to us at:

Lightstone New York Regional Center, LLC

805 Third Avenue – 7th Floor

New York, NY 10022

IMPORTANT TERMS USED IN THIS POLICY:

As used in this Policy, the term: (a) “Affiliate” means, as to any person or entity, any other person or entity that, directly or indirectly, is in Control of, is Controlled by or is under common Control with such person or entity; (b) “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of the management, policies or activities of the person or entity in question, whether through ownership of voting securities, by contract or otherwise; and (c) “the Regional Center Parties” means the Regional Center and all of its Affiliates;

PERSONAL INFORMATION WE MAY COLLECT:

Generally, “Personal Information” means any combination of information, in the possession of or likely to come into the possession of a Regional Center Party that can be used to identify, contact, or locate a discrete individual. Personal information may include your name and contact information, like your mailing address, phone number, user or login name, password, or email address. Personal information may also include any written text or communications, notes, or inquiries that you provide either on our website or by e-mail communication directly or indirectly with Regional Center Parties. Personal information may further include voice recordings or like audio media.

If you request information from Regional Center Parties, you may voluntarily submit your name, e-mail address, the name of your organization, and any other necessary contact information so they may send you the material you have requested, and to enable us to identify if you are an existing service provider or investor of one or more Regional Center Parties.

If you register with a Site, or request a service available on a Site, we may ask you for your name, e-mail address, country, telephone number and the reason for your communication, as well as information about your position and organization and such other information as is reasonably necessary so that we can provide you with the requested information or service. On the data submission form, we will indicate by way of an asterisk, which information is optional and which information is mandatory. This information can include:

Information you provide on applications or other forms, which may include your name, address, email address, and credit card numbers;
Information we acquire from and/or transfer to other persons (such as government agencies) to verify your identity and the accuracy of the information you have provided and for other related purposes; and
Information about you received from Regional Center Parties, another intermediary, a third party providers and others which are necessary for the provision of our services.

If you submit content regarding any of the information that you view on a Site, we may ask for your name and e-mail address, so that, if you choose, we can update you by e-mail when others also comment on the content. You should be aware that the information you provide there will be made publically available to Regional Center Parties employees and other users of a Site.

HOW DO WE COLLECT PERSONAL INFORMATION:

When using the Sites or doing business with Regional Center Parties, you may choose to voluntarily provide Regional Center Parties with information to help one or more Regional Center Parties serve your needs. The Personal Information that we collect will depend on how: (1) you choose to use the Sites; (2) what Personal Information you share with a Regional Center Party outside of the Sites; and (3) what information the Regional Center Parties generate about you as an investor in a Regional Center Party (if applicable). Regional Center Parties may require you to voluntarily provide Personal Information that we use to facilitate all of these features. In some cases, Regional Center Parties may receive your personal information through third-party job services.

HOW DO WE USE YOUR PERSONAL INFORMATION:

Regional Center Parties collect, use and disclose your Personal Information in its normal course of business in order to:

Establishing and maintaining communications with you;
Where you have requested information from any of the Regional Center Parties, assisting you in the completion of your request and the assessment of your eligibility for any such request;
Responding to your inquiries about the Regional Center Parties’ properties or services;
Managing, and making available information about, your investment with a Regional Center Party (if applicable);
Managing, and making available information about, your relationship with a Regional Center Party (if applicable);
Allowing the Regional Center Parties to notify you of certain products or services offered by one or more Regional Center Parties;
Meeting legal, security, processing and regulatory requirements;
Protecting against fraud, suspicious or other illegal activities; and
Compiling statistics for analysis of the Sites and our business.

You consent to these processes by providing your personal information to Regional Center Parties. You may update your Personal Information or “opt out” from receiving certain communications and correspondence from us at any time through email correspondence sent to info@eb5Lightstone.com.

RETENTION OF YOUR PERSONAL INFORMATION:

Regional Center Parties will retain your personal information as long as necessary to fulfill respective processes, as well as to fulfill any obligations under applicable law.

RIGHTS OF DATA OWNERS IN AND TO THEIR PERSONAL INFORMATION:

Where applicable law requires (and subject to any exceptions), you may have the right to request Regional Center Parties to provide you with your personal information or to delete your personal information that is held by them. You may also have the right to restrict or object to use or processing of your personal information. You may exercise these rights by contacting us through email sent to info@eb5Lightstone.com.

DISCLOSURE AND ACCESS TO PERSONAL INFORMATION:

Regional Center Parties consider your use of the website to be private. However, Regional Center Parties may access or disclose information about you and/or the content of your communications with them, in order to: (1) comply with the law or legal process served thereon; (2) enforce and investigate potential violations of this Privacy Policy or other terms of use, including use of this site to participate in, or facilitate, activities that violate the law; (3) protect the rights, property, or safety of Regional Center Parties, employees, customers, or the public; (4) as required by a legally valid request from a competent governmental authority; or (5) respond to claims that any content violates the rights of third-parties. We may also disclose Personal Information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request.

From time to time, Regional Center Parties may share Personal Information among themselves for research and statistical purposes, system administration, joint marketing, providing you services or information, and crime prevention or detection.

Regional Center Parties may also disclose information to select third parties or business partners, provided that such third parties agree to keep your Personal Information confidential and secure, to comply with the provisions of this Privacy Policy, and to only use and disclose your Personal Information for purposes that a reasonable person would consider appropriate in the circumstances and generally (1) to provide the information and services you have requested from us; (2) to notify you or allow our Affiliated companies to notify you of certain products or services offered by our affiliated companies; or (3) to process transactions through data processing service providers. In addition, generally, Regional Center Parties may provide your Personal Information to lawyers, accountants, tax consultants, and employees, for the purpose of conducting business and providing you with information.

As we continue to develop our business, Regional Center Parties may sell or buy assets. In such transactions, user information, including Personal Information, generally is one of the transferred business assets. Also, if a Regional Center Party itself or substantially all of a Regional Center Party’s assets were acquired, your Personal Information may be one of the transferred assets. Therefore, we may disclose and/or transfer your Personal Information to a third party purchaser in these circumstances.

You consent to the access and disclosures outlined in this section.

NON-PERSONAL INFORMATION WE MAY COLLECT:

“Non-Personal Information” means any information which cannot be used to identify a discrete individual (such as aggregated statistical information). Non-Personal information may include Website Navigational Information, for example, standard information from your web browser (such as browser type and browser language), the operating system that you are running, your Internet Protocol (“IP”) address, the actions you take on a Site (such as the web pages viewed and the links clicked), how long you viewed a certain page, and information about the website you accessed immediately before you accessed our website.

Regional Center Parties may aggregate your Non-Personal Information with the Non-Personal Information of other users of the website or of other Non-Personal Information collected offline. Regional Center Parties also may collect anonymous aggregated information, like general traffic patterns within the website, to help maintain the flow and content of the website. Any and all of this Non-Personal Information may be used to support Regional Center Parties commercial, marketing, and customer service activities, or for any other reason.

COOKIES:

Regional Center Parties may obtain Non-Personal Information from your use of the website and through the use of commonly-used information-gathering tools. These tools may include “Cookies,” which are pieces of information shared between your web browser and a website. Use of cookies enables a faster and easier experience for the user. A cookie cannot read data off your computer’s hard drive. For information on cookies, please refer to www.aboutcookies.org.

There are different kinds of cookies with different functions:

Session cookies: These are only stored on your computer during your web session. They are automatically deleted when the browser is closed. They usually store an anonymous session ID allowing you to browse a website without having to log in to each page. They do not collect any information from your computer.

Persistent cookies: A persistent cookie is one stored as a file on your computer, and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again.

First-party cookies: The function of this type of cookie is to retain your preferences for a particular website for the entity that owns that website. They are stored and sent between a Regional Center Party’s servers and your computer’s hard drive. They are not used for anything other than for personalization as set by you. These cookies may be either Session or Persistent cookies.

Third-party cookies: The function of this type of cookie is to retain your interaction with a particular website for an entity that does not own that website. They are stored and sent between the third-party’s server and your computer’s hard drive. These cookies are usually Persistent cookies.

We use generally cookies as follows:

Functionality. Some cookies allow our Sites to remember choices you make (such as your user name, language or the region you are in) and provide enhanced features. For instance, a Site may be able to remember your log in details, so that you do not have to repeatedly sign in to your account when using a particular device to access our Sites. These cookies can also be used to remember changes you have made to text size, font and other parts of web pages that you can customize. They may also be used to provide services you have requested such as viewing a video or commenting on an article. The information these cookies collect is usually anonymized. They do not gather any information about you that could be used for advertising or remember where you have been on the internet.

Performance. Some cookies collect information about how visitors use a Site, for instance which pages visitors go to most often, and if they get error messages from web pages. They also allow us to record and count the number of visitors to a Site, all of which enables us to see how visitors use a Site in order to improve the way that the Site works. The information these cookies collect is normally anonymous and is used to improve how our Sites works. However, some of these cookies may include Personal Information. Please consult your web browser’s ‘Help’ documentation or visit www.aboutcookies.org. for more information about how to turn cookies on and off for your browser.

Marketing. These cookies are used to deliver content relevant to your interests on a Site and third party sites based on how you interact with our advertisements or content.

WEB BEACONS

Other tools include “Web Beacons,” which are clear electronic images that can recognize certain types of information on your computer, such as cookies, when you viewed a particular Site tied to the web beacon, and a description of a Site tied to the web beacon. Regional Center Parties may use web beacons to operate and improve the Sites and e-mail communications. Web Beacons can be used alone or in conjunction with cookies to compile information about users’ usage of a Site and interaction with e-mails. Regional Center Parties may use information from web beacons in combination with other data we have about our clients to provide you with information about one or more Regional Center Parties and our services. Regional Center Parties may conduct this review on an anonymous basis.

GOOGLE ANALYTICS

Some or all of the Sites may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help websites analyze how users use the site. The information generated by the cookie about your use of a Site (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the applicable Site, compiling reports on website activity, and providing other services relating to website activity and internet usage for a Regional Center Party. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of a Site. By using a Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

CALIFORNIA’S “SHINE THE LIGHT” LAW

California Civil Code Section 1798.83 requires any operator of a website to permit its California-resident customers to request and obtain from the operator a list of what personal information the operator disclosed to third parties for direct marketing purposes, for the preceding calendar year; and the addresses and names of such third parties. The Regional Center does not share any personal information collected from this site with third parties for their direct marketing purposes.

SAFEGUARDS

Regional Center Parties have in place reasonable safeguards appropriate to the sensitivity of the information they maintain. Safeguards will vary depending on the sensitivity, format, location, amount, distribution and storage of the Personal Information. They include physical, technical and managerial measures to keep Personal Information protected from unauthorized access. Note that due to the nature of the Internet and related technology, we cannot absolutely guarantee the security of Personal Information disclosed over the Internet, and the Regional Center Parties expressly disclaim any such obligation.

EXTERNAL LINKS

The website may contain third-party links that provide access to other websites, not maintained by Regional Center Parties or affiliates. If you click on these third-party links, you will be directed from our website to another external website, which Regional Center Parties have no control over and assume no responsibility for the content, privacy policies, practices, or services. Your use of any external website is not governed by this privacy policy.

CHILDREN’S PRIVACY:

Regional Center Parties do not knowingly solicit, collect, or retain information from any individuals who are under fourteen (14) years of age. If they learn that we have obtained personal information of a child under 14, we will take steps to delete the information as soon as possible.

POLICY REVISIONS:

Regional Center Parties reserves the right to revise this Privacy Policy from time to time in our discretion. If Regional Center Parties make modifications, they will post the revised Privacy Policy on the website, which will take effect immediately upon posting. It is your responsibility to periodically review this Privacy Policy.