This Privacy Policy was Last Updated on December 9, 2022.

This Privacy Policy sets out the privacy practices of the website located at www.aracapital.com (the “Website”), as owned and operated by American Realty Advisors (“ARA”, “we,” “our,” “us”). For purposes of clarity, the Website does not include the Client Portal hosted by Intralinks or any other websites not hosted on www.aracapital.com. This Privacy Policy describes the types of information including “Personally Identifiable Information” (as defined below) we gather about you through the Website and the ways in which we use and share this information. This Privacy Policy does not apply to any information that we may collect offline, through another website (including the Client Portal), or through any other means (for example, at a live event or through the mail, which, for natural persons, is subject to ARA’s privacy policy adopted under the Securities and Exchange Commission’s Regulation S-P). Any terms that are not defined in this Privacy Policy shall have the meaning ascribed to them in our Terms of Use.

For purposes of this Privacy Policy, “Personally Identifiable Information” means any information that can identify, relate to, describe, be associated with, or be reasonably capable of being associated with a particular consumer or household including, but not limited to, first and last name, postal address, email address, telephone number, online identifier, internet protocol (“IP”) address, geolocation data, and internet or other electronic network activity information such as browsing history and search history. Personally Identifiable Information does not include any aggregate or combined information, such as data that is related to you but studied as a group and does not identify you specifically.

Please read this Privacy Policy carefully, since it is a part of the Terms of Use that together constitute a binding legal agreement between you and us. By using or attempting to use the Website, you accept, without limitation or qualification, and are agreeing to be bound by and comply with everything contained in our Terms of Use, including this Privacy Policy. If you do not agree to any of these provisions, do not use or attempt to use the Website. 

If you have any questions about our privacy practices, please contact us as set forth in the section entitled “Contact Us” below. If you are a California resident, please also see the “Additional Disclosures for California Residents” section below. 

Information Collection

1.  Information You Provide

We collect information that you provide directly via the Website, such as when you access our content or complete the “Contact Us” form on the Website. We may use Service Providers (defined below) to collect this information. 

The information we collect includes information that identifies you personally (whether alone or in combination). The categories of information we collect and have collected include: 

• Contact Data. We collect your name, e-mail address, country of residence and at your election, the company you represent, job title and phone number. 

• Account Credentials, such as your username and password. 

• Job Applicant Data, including your employment and education history, transcript, writing samples, and references as necessary to consider your job application for open positions. 

• Content. We collect the content of messages you send to us, such as your feedback or questions and information you provide to us. 

You may choose to voluntarily submit information to us through the Website that we do not request, and, in such instances, you are solely responsible for such information. 

2. Information We Collect Automatically

When you visit the Website, we and our Service Providers may collect and store certain technical information from your browser and device automatically. The categories of information we automatically collect and have collected include: 

• Service Use Data. We collect data about the features you use, the pages you visit, the e-mails you view, the time of day you browse, your referring and exiting pages, and other similar information. 

• Device Connectivity and Configuration Data. We collect data about the type of device or browser you use, your device’s operating software, your internet service provider, your device’s regional and language settings, and other similar information. This data also includes IP address, MAC address, and other device identifiers. 

• Location Data. We collect non-precise location data (e.g., location derived from an IP address or data that indicates a city or postal code level). 

We use various technologies to collect this information (“Tracking Technologies”) including the following: 

• Log Files. A log file is a file that records events that occur in connection with your use of a website or service, such as your service use data. 

• Cookies. A cookie is a small data file stored on your device that acts as a unique tag to identify your browser. We use two types of cookies: session cookies and persistent cookies. Session cookies make it easier for you to navigate a website and expire when you close your browser. Persistent cookies help with personalizing your experience, remembering your preferences, and supporting security features. Persistent cookies may remain on your device for extended periods of time, and generally may be controlled through your browser settings.  

• Pixels. A pixel (also known as a web beacon) is code embedded in a service that sends information about your use to a server. There are various types of pixels, including image pixels (which are small graphic images) and JavaScript pixels (which contains JavaScript code). When you access a service that contains a pixel, the pixel may permit us or another party to drop or read cookies on your browser. Pixels are used in combination with cookies to track activity by a particular browser on a particular device.  

For further information on Tracking Technologies and your rights and choices regarding them, see the “Your Rights and Choices” section. 

Use of Information We Collect

We use information for our business purposes in accordance with the practices described in this Privacy Policy. Our business purpose for collecting and using information includes the following: 

• Operate and manage our Website. 

• Perform services requested by you, such as to respond to your comments, questions, and requests. 

• Prevent and address fraud, breach of policies or terms, and threats or harm. 

• Monitor and analyze trends, usage, and activities. 

• Conduct research, including focus groups and surveys. 

• Improve the Website or other services we provide including, apps, marketing efforts, products and services. 

• Develop and send you direct marketing where permitted in accordance with applicable laws. 

• Fulfill any other business or commercial purposes disclosed to you and with your consent. 

Notwithstanding the above, we may use information that does not identify you (including information that has been de-identified) for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we use your information, please see the “Your Rights and Choices” section below. 

Sharing of Information

We share information we collect in accordance with the practices described in this Privacy Policy. The types of entities to whom we disclose and have disclosed information include: 

• Service Providers. We may share your information with our agents, vendors, and other service providers (collectively “Service Providers”) in connection with their work on our behalf. Service Providers assist us with services such as data analytics, marketing, website hosting, and technical support. Service Providers are prohibited from using your information for any purpose other than to provide this assistance, although we may permit them to use aggregate information which does not identify you or de-identified data for other purposes. 

• Affiliates. We may share your information with our related entities. For example, we may share your information with our affiliates for customer support, marketing, and technical operations. 

• Merger or Acquisition. We may share your information in connection with, or during negotiations of, any proposed or actual merger, purchase, sale or any other type of acquisition or business combination of all or any portion of our business to another business. 

• Security and Compelled Disclosure. We may share your information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also share your information to protect the rights, property, life, health, security and safety of us, the Website or any other party. 

• Consent. We may share your information for any other purpose disclosed to you and with your consent. 

Without limiting the foregoing, in our sole discretion, we may share aggregated information which does not identify you or de-identified information about you with other parties or affiliates for any purpose except as prohibited by applicable law. For information on your rights and choices regarding how we share your information, please see the “Your Rights and Choices” section below. 

Your Rights and Choices

1. Jurisdictional Rights. 

In addition to these rights and choices, you may have rights based on your jurisdiction. Please visit the relevant jurisdiction section at the end of the Privacy Policy for details. 

2. Tracking Technology Choices. 

• Cookies and Pixels. Most browsers accept cookies by default. You can instruct your browser, by changing its settings, to decline or delete cookies. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies through your browser is subject to your browser settings and limitations. 

• Do Not Track. Your browser settings may allow you to automatically transmit a “Do Not Track” signal to online services you visit. Note, however, there is no industry consensus as to what site and app operators should do with regard to these signals. Accordingly, unless and until the law is interpreted to require us to do so, we do not monitor or take action with respect to “Do Not Track” signals or other mechanisms. For more information on “Do Not Track,” visit http://www.allaboutdnt.com. 

Please be aware that if you disable or remove Tracking Technologies some parts of the Website may not function correctly. 

3. Analytics Management 

Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at https://tools.google.com/dlpage/gaoptout. Please note that this applies only to the specific browser or device from which you opt out. We are not responsible for the effectiveness of any opt outs offered by other entities. 

4. Communications 

• E-mails. You can unsubscribe from receiving promotional emails by following the unsubscribe instructions at the bottom of the email, or emailing us at info@aracapital.com with the word UNSUBSCRIBE in the subject field of the email. Please note that you cannot opt out of transactional messages. 

Data Security

We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you. 

Links to Other Sites 

The Website may contain links to third party websites. Please be aware that, when you click on (i.e., select) a link applicable to another website, your browser will re-direct and leave our Website and your activities and the collection of information about you will no longer be subject to the provisions of this Privacy Policy. We are not responsible for the privacy practices of other websites. You should review the terms and conditions and privacy policies of those websites. 

Children 

The Service is not directed toward children under 13 years old, and we do not knowingly collect personal information (as that term is defined by the U.S. Children’s Privacy Protection Act, or “COPPA”) from children. If you are a parent or guardian and believe we have collected personal information from children, please contact us at info@aracapital.com. We will delete the personal information in accordance with COPPA. 

International Transfer 

We are based in the U.S. and the information we collect is governed by U.S. law. If you are accessing the Website from outside of the U.S., please be aware that information collected through the Website may be transferred to, processed, stored, and used in the U.S. and other jurisdictions. Data protection laws in the U.S. and other jurisdictions may be different from those of your country of residence. Your use of the Website or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, sharing, and storage of your information in the U.S. and other jurisdictions as set forth in this Privacy Policy. 

Additional Disclosures for California Residents 

California provides additional rights to California residents, including through the California Consumer Privacy Act as replaced by the California Privacy Rights Act (“CCPA”). This section addresses those rights and only applies to California residents. 

1. Notice of Collection.

We have collected the following categories of personal information (as described in the CCPA) in the past 12 months.  

• Identifiers, including name, postal address, email address, and online identifiers (such as IP address). 

• Internet activity, including browsing history, search history, and interactions with a website, email, application, or advertisement. 

• Non-precise geolocation data, including location derived from an IP address. 

• Professional, employment, or education-related information. 

• Inferences drawn from any of the information identified in this section. 

For further details on the personal information we collect and the sources from which we obtain personal information, please review the “Information Collection” section above. 

We collect and use this personal information for the business and commercial purposes set out in the “Use of Information We Collect” section above. We disclose this personal information to the categories of persons set out in the “Sharing of Information” section above. Please visit those sections for further details.  

We do not “sell” or “share” your personal information as those terms are defined by the CCPA. 

We do not knowingly sell or share the personal information of minors under 16 years old who are California residents.  

2. Retention.  

We retain each category of personal information for the length of time that is reasonably necessary for the purpose for which it was collected, and as necessary to comply with our legal obligations, resolve disputes, prevent fraud, and enforce our agreements. 

3. Right to Know, Correct, and Delete.   

You have the right to know certain details about our data practices. In particular, you may request the following from us: 

• The categories of personal information we have collected about you;   

• The categories of sources from which the personal information was collected;  

• The categories of personal information about you we disclosed for a business purpose or sold or shared;  

• The categories of persons to whom the personal information was disclosed for a business purpose or sold or shared;  

• The business or commercial purpose for collecting or selling or sharing the personal information; and  

• The specific pieces of personal information we have collected about you. 

In addition, you have the right to correct or delete the personal information we have collected from you. These rights are subject to certain.  

To exercise any of these rights, please email us at info@aracapital.com.  

If you have an account with us, we may require you to use the account to submit the request. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 business days and respond to your request within 45 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your request.  

4. Right to Opt-Out of Sales and Sharing.  

We do not “sell” or “share” your personal information as those terms are defined by the CCPA. 

5. Authorized Agent.  

You can designate an authorized agent to submit requests on your behalf. Requests must be submitted through the methods listed above. Except for opt-out requests, we will require written proof of the agent’s permission to do so and may verify your identity directly.  

6. Right to Non-Discrimination.  

You have the right not to receive discriminatory treatment by us for the exercise of any your rights.  

3. Shine the Light.  

Customers who are residents of California may request (i) a list of the categories of personal information (as that term is defined by Shine the Light) disclosed by us to third parties during the immediately preceding calendar year for those third parties’ own direct marketing purposes; and (ii) a list of the categories of third parties to whom we disclosed such information. To exercise a request, please write us at the email or postal address set out in “Contact Us” above and specify that you are making a “California Shine the Light Request.” We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.  

Changes to our Privacy Policy 

You understand that we have the right to change this Privacy Policy from time to time, subject always to applicable law and regulation. If we make changes, we will post the revised Privacy Policy on the Website and update the “Last Updated” date to reflect the date of the changes. We will notify you of any material changes to this Privacy Policy by prominently posting it on the Privacy Page of the Website. 

Contact Us

If you have any questions about this Privacy Policy, please contact us by e-mail at info@aracapital.com or by telephone at (213) 233-5768 or using the “Contact Us” form on the Website.