Champion Realty Ltd. Privacy Policy And Terms Of Use

Last updated March 22, 2019

Champion Realty Ltd., dba Champion Real Estate Company, and its affiliated and related entities (“Champion”, “We”, “Our”, or “Us”) values the privacy of the visitors to its website and the users of the services provided thereon (individually, “User” or “you”, and collectively, “Users”), and makes it a priority to protect any personally identifiable information it obtains from its Users. This Privacy Policy and Terms of Use (the “Privacy Policy”) explains Champion’s collection, use, and protection of your personal information on and in connection with our website (“Website”) and all content, services and/or products provided through the Website, including via the password protected Portal described below (collectively, the “Services”).

By accessing the Website, registering as a user, using our Service or by otherwise submitting your personal information to us, you give your consent to the collection and use of personal information as explained in this Privacy Policy. The term “personal information” refers to non-public information that personally relates to or identifies you (such as your name, password, age, gender, email address, postal mailing address, zip code, home/mobile telephone number, Social Security number and/or taxpayer identification number, investment objectives, investment experience, assets and income, and other similar information). Non-personally identifiable information collected on the Website may include, without limitation, website pages viewed, sites visited before visiting the Site, frequency of visits, clickstream data, browser type, operating system, organization name, articles, internet connection speed, presentations viewed, time spent viewing pages of our Website or using certain features of our Website, demographic data such as server locations, clickstream data, location services, server location, cookies existing on your computer, search criteria used and results, date and time of access or visits to our website, frequency of visits to our website, connection speed, and other information which does not specifically identify you.

Our Pledge to You

We are required by law and regulatory bodies to ask for certain information in order to provide our Services to you. Champion makes commercially reasonable best efforts to maintain the confidentiality, integrity and security of our clients’ personal information. Keeping client information secure, and using it only as our Users want us to, are matters of principle for all of us at Champion. With this in mind, here is our commitment to each and every User:

  • Except as you may otherwise expressly approve, we will limit the collection and use of client and user information to what we believe would be useful to service your accounts, administer our business, or to tell you about our Services;
  • We will restrict employee access to client and user information to those who need to know in order to provide Services to you;
  • We will educate our employees according to our internal policies to reinforce the importance of confidentiality and client and user privacy;
  • We will maintain commercially reasonable and customary security standards and procedures to protect information about you; and
  • We will respond quickly to your request to correct inaccurate information.

Updates and Changes to Privacy Policy

In the event of a change in this Privacy Policy, a revised Privacy Policy will promptly be posted to our Website, and the “Updated” date will be changed. If the revised Privacy Policy contains a material change to how we collect or use personal information, notice of the change will be emailed to you or posted on the Website’s home page. Please revisit this page to familiarize yourself with changes to the Privacy Policy. You agree to accept posting of a revised Privacy Policy as described herein as actual notice to you of such revised Privacy Policy. Your continued use of the Services after such posting constitute to the collection and use of your information as described in the then-current Privacy Policy.

What personal data we collect

At this time, Champion does not collect personally identifiable information about the visitors to our Website unless they choose to contact us through one of our forms or have accessed our Website via a targeted e-mail marketing campaign. Under such circumstances, the information we collect may include: first name, last name, city, state, address, ZIP code, phone, email address and other information specific to the service requested or provided.

Other than visitors who sign into the Portal (as defined below), visitors do not need to create an account to use this Website and we do not store information about our visitors except as indicated in this Privacy Policy.

In most cases, each real estate project described on this Website is owned by a legal entity that is affiliated with Champion Real Estate Company (each such entity, a “Real Property Affiliate”). For those investors who have made an investment in one or more Real Property Affiliates (the “Investors”), we have created a password protected section of the Website that requires such Investors to create a user account to access information and materials about the particular Real Property Affiliate(s) in which the Investor has invested (the “Portal”). The Portal allows the Investors to, among other things, to access updates provided by the applicable Real Property Affiliate to its Investors, including periodic reports regarding the status of the real estate project owned by such Real Property Affiliate, the distributions made by such Real Property Affiliate to its owners and tax forms. The Portal may also allow Investors to submit financial and other information and documents to the applicable Real Property Affiliate(s).

For a new real estate project (each a “New Project”), the Real Property Affiliate established to own such project may seek investors in a securities offering that is designed to be a private placement exempt from the registration requirements under the securities laws (each a “Private Placement”). The Real Property Affiliate that is conducting the Private Placement may make the private placement memorandum, subscription agreement, operating agreement, information and documents regarding the real estate project owned or to be owned by such Real Property Affiliate and other information and materials relating to the investment (the “Investment Materials”) available to select prospective investors in a password protected area of the Portal (the “Private Placement Password Protected Area”). The Real Property Affiliate conducting the Private Placement may also allow investors in the Private Placement to submit their subscription agreements, signature page or joinder to the operating agreement and other documents relating to the investment via electronic signature and through the Private Placement Password Protected Area. We license the software that powers the Portal from a third party vendor known as CrowdStreet and CrowdStreet in turn uses Amazon Web Services, or comparable service, to host the Portal.

Contact forms

We utilize contact forms on our Website. The information you provide through these forms is used to generate an email to our office. We do not store this information on our web servers but this information is stored on our email servers. Information provided to us via the Portal is separately stored and not hosted on our Website as described above.

By requesting information via our contact forms on the Website, you are consenting to receive certain email communications from us. Champion provides users the ability to opt-out of receiving such email communications. If you wish to cease future communications, you can opt-out by using the link on the bottom of an email that you receive.

Information We Collect Automatically

We also collect some information automatically via our Website:

  • Log Information:Like most Websites, we collect information that web browsers, mobile devices, and servers typically make available, such as the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information.
  • Location Information:We may determine the approximate location of your device from your IP address. We collect and use this information to, for example, calculate how many people visit our site from certain geographic regions.

Cookies

Champion and its vendors use cookies or similar technologies to analyze trends, administer the Website, track users’ movements around the Website, and to gather demographic information about our user base as a whole. A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server. Cookies set by the Website owner (here, Champion) are called “first party cookies”. Cookies set by parties other than the Website owner are called “third party cookies”. Third party cookies enable third party features or functionality to be provided on or through the Website (e.g. like advertising, interactive content and analytics), although no Private Placements or other communications with investors through the Portal are conducted through, or as a result of, any advertising, interactive content and analytics). The parties that set these third party cookies can recognize your computer both when it visits the Website in question and also when it visits certain other websites.

Currently, Champion does not utilize “first party cookies”, but may do so in the future. We do, however, work with, or intend to work with, third party vendors, and therefore we use, or may use, “third party cookies”, to provide us with certain information to, among other things:

  • Distinguish unique users;
  • Analyze the success of e-mail marketing campaigns;
  • Remember the number and time of previous visits;
  • Remember traffic source information; and
  • Determine the start and end of a session

If you choose to disable cookies, you may not be able to use certain features of the Website.

Additionally, Champion and/or advertising affiliates may employ “tracking pixels” (also referred to as “web beacons”) to count the number of users that visit a page on our Website that includes these tracking pixels. Tracking pixels are used to analyze the effectiveness of advertising campaigns and to better understand the way that users interact with our Website. These tracking pixels do not identify individual users and analysis of data obtained by these tracking pixels is performed on an aggregate basis. Some, but not all, third-party advertising affiliates provide a mechanism to opt-out of their technology.

For more information and to identify advertisers that provide an opt-out mechanism, please click the following link: http://optout.networkadvertising.org/?c=1. The information collected by third-party advertising affiliates is subject to the privacy policy of the third party.

Champion may elect to use third-party advertising companies, such as Google, to serve or track ads on our web site and other websites. These companies may use non-personally identifiable information about your visits to this and other websites in order to measure advertising effectiveness and to provide advertisements about goods and services that may be of interest to you.

Why we collect certain personal Information

We use the information mentioned above for the purposes listed below:

  • To further develop and improve our Website;
  • To monitor and analyze trends and better understand how users interact with our content, which helps us improve our content;
  • To measure, gauge, and improve the effectiveness of our advertising, and better understand user retention;
  • To monitor and prevent any problems with our Website, protect the security of our Website, fight spam, and to protect our rights and property;
  • To provide services or information to investors via the Portal as described above;
  • To send marketing communications related to the services we provide; and
  • To communicate with you from time to time in response to your requests for information or as may be relevant to your investments with us.

In some cases, we may also have a legal obligation to collect personal information from you.

Personal data that we collect and/or process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes, or as is necessary for compliance with a legal obligation to which we are subject.

Where we process personal data about investors, we retain that personal data for as long as necessary to fulfill our obligations in connection with such investments, or for other purposes such as complying with our legal or regulatory requirements, resolving disputes and enforcing our agreements. The criteria used to determine the retention periods include whether your personal data is still needed to comply with our legal obligations, you requested that your personal data be deleted (subject to an investor’s agreements with a Real Property Affiliate), we have determined a specific retention period for certain types of data, you have provided your consent (where applicable), and have not withdrawn your consent.

Further, if you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our products or services. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

We reserve the right to use or disclose your personal information if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process or, in the case of investors in Real Property Affiliates, as permitted by the applicable Investment Materials.

Sharing Information

We do not share or sell our visitors’ private personal information except as follows:

  • when we believe disclosure is reasonably required to comply with any law, regulation, court order, subpoena or search warrant, or in the course of a legal proceeding or legal request and, in the case of investors in Real Property Affiliates, as permitted by the applicable Investment Materials;
  • to enforce our legal and contractual rights;
  • to protect the rights, property or safety of Champion, our investors and others, including exchanging information for fraud protection;
  • to our vendors who help us provide any part of the site (including the Portal), to the limited extent required for such help, and on understanding that they may not further disclose your data or use it, other than as part of anonymized, statistical information regarding performance of their services, for any other purpose; or
  • to the buyer as part of any sale of our assets or a merger of our company, including any Real Property Affiliates.

With respect to our vendor(s), their privacy policies may be viewed at:

Security

Our Website is served over an encrypted connection, and our Website and e-mail servers are hosted in the United States. As noted above, the Portal is hosted on Amazon Web Services, or comparable service. While no online service is 100% secure, we work very hard to protect information about you against unauthorized access, use, alteration, or destruction, and take reasonable measures to do so, such as monitoring our Website for potential vulnerabilities and attacks.

Generally, for access to the Portal, identification and authentication take place through the use of your user name and a password or, in the case of a Private Placement for a New Project, a password for that specific New Project. You are responsible for keeping your password confidential. Further, all investors are encouraged to utilize two factor authorization where available.

Unfortunately, the transmission of information via the Internet is not completely secure. We will do our commercially reasonable best to protect your personal data, but we cannot guarantee the security of your data transmitted to our Website, including the Portal; any transmission is at your own risk. Once we have received your information, we will use appropriate procedures and security features to try to prevent unauthorized access.

If we learn of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may also post a notice on or through the Website, including the Portal, in the event of a security breach. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Use of The Portal

All rights and obligations of investors or prospective investors in a Private Placement by Real Property Affiliates conducted through the Portal, are governed by the Investment Materials applicable to that particular Private Placement, which Investment Materials supersede and control over anything contained herein or on the Website.

Our Privacy Policy Does Not Apply to Third-Party Activities or Sites

The Website may provide links to third-party websites for your convenience and information. If you access those links, you will leave the Website. Any information submitted by you to a third party will be controlled by that third party’s privacy policy, which may differ from this Privacy Policy. This Privacy Policy does not cover the collection of information by cookies or other methods by such third party services or other third parties, such as our business vendors. We do not control how these third party services or third parties collect information or by what means such third party services or third parties may use their own cookies to collect information about you. We do not endorse, screen, or approve, and are not responsible for the privacy practices or the content of, other websites or services. We encourage you to review the privacy policy of any company before submitting your personal information.

International Visitors

The Website may be accessed and/or used by Users located outside the United States in accordance with the policies and procedures posted on the Website. If you choose to access the Website from the European Union (EU) or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States and by providing your personal information on or through the Website you consent to that transfer. Users located outside of the United States will generally not have access to the Portal.

Children’s Privacy.

Visitors under 13 years of age are not permitted to use and/or submit their personal information on the Website. We do not knowingly solicit or collect information from visitors under 13 years of age. If you are under 13 years of age, please do not submit any information to us. In the event that we learn that a person under the age of 13 has provided us with personal information, we will delete such personal information.

How to Reach Us

If you have a question about this Privacy Policy, or you would like to contact us about any of the rights mentioned herein, of if you wish to opt-out of any of the information sharing discussed above, please contact us:

  • at the following address: Attn: Website Management; 11620 Wilshire Boulevard, Suite 1150; Los Angeles, CA 90025; or
  • via email at info@championrealestatecompany.com; or
  • via the link on our Website.

Assignment

In the event that all or part of our assets (including the assets of a Real Property Affiliate) are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personal information collected via the Website and/or Portal to the buyer.

Dispute Resolution and Choice of Law

By using the Website, you and Champion agree if there is any controversy, claim, action, or dispute arising out of or related to your use of the Website, or the breach, enforcement, interpretation, or validity of this Privacy Policy or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute.

Both you and Champion agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS BEFORE AN ARBITRATOR IN LOS ANGELES, CALIFORNIA. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. All such Disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its commercial arbitration rules then in effect before one arbitrator to be mutually agreed upon by both parties.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of this Privacy Policy, including any claim that all or any part of this Privacy Policy is void or voidable.

This Privacy Policy has been made in, and shall be construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles. The sole and exclusive venue for the resolution of any Dispute shall be Los Angeles, California, and you consent to personal jurisdiction in California.

The parties acknowledge that this Privacy Policy evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Privacy Policy shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

Notwithstanding the foregoing, any dispute arising out of or related to any investments in a particular Real Property Affiliate, including but not limited to any disputes arising out of or related to the use of the Portal, shall be governed by the dispute resolution provisions of the applicable Investment Materials.