PRIVACY POLICY


Last Updated: April 9, 2025
Effective Date: April 9, 2025

1. Introduction

This Privacy Policy governs the collection, use, and disclosure of personal information by Apex Properties (“Company,” “we,” “us,” or “our”) in connection with our services, including SMS/text messaging via A2P 10DLC. This Policy is designed to comply with applicable U.S. federal and state laws, including the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles, and carrier requirements for A2P 10DLC messaging.

By engaging with our services, you (“User” or “you”) consent to the practices described in this Policy.

2. Definitions

  • A2P 10DLC: SMS/text messages sent via 10-digit phone numbers registered with The Campaign Registry (TCR) for commercial, transactional, or informational purposes.

  • Opt-In Consent: A User’s affirmative, express agreement to receive messages, obtained through verifiable methods (e.g., web forms, verbal agreements).

  • Service Providers: Third-party vendors (e.g., Twilio) that assist in message delivery under binding confidentiality agreements.

  • Personal Information: Data that identifies, relates to, or could reasonably be linked to an individual, such as name, phone number, or physical address.

3. Information We Collect

A. Personal Information

We collect the following when you interact with our services:

  • Identifiers: Name, phone number, email address, and physical address (e.g., {{contact.address1}}).

  • SMS/Text Messaging Data: Message content, timestamps, delivery status, and opt-out requests.

B. Usage Data

  • Interaction History: Response rates, engagement metrics, and service-related inquiries.

4. Legal Basis for Data Collection

We collect and process Personal Information under the following legal bases:

  • Consent: For SMS/text messaging (TCPA and CTIA compliance).

  • Contractual Necessity: To fulfill requests for services (e.g., property inquiries).

  • Legitimate Business Interests: To improve service quality and prevent fraud.

5. Use of Personal Information

We use Personal Information to:

  1. Deliver SMS/text messages for transactional or promotional purposes (with consent).

  2. Respond to inquiries and provide requested services.

  3. Comply with legal obligations (e.g., recordkeeping under TCPA).

  4. Protect against fraudulent or illegal activity.

6. SMS/Text Messaging Compliance

A. Consent Requirements

  • Opt-In Methods: Consent is obtained through:

    • Web forms with unchecked checkboxes and clear disclosures.

    • Verbal agreements (documented for audit purposes).

    • In-person interactions with written acknowledgment.

  • Opt-In Language Example:
    “By providing your phone number, you agree to receive automated SMS/text messages from Apex Properties. Message frequency varies. Reply STOP to unsubscribe. Message and data rates may apply.

B. Opt-Out Mechanisms

  • STOP: Reply STOP to any message to unsubscribe immediately. You will receive one (1) confirmation text.

  • HELP: Reply HELP for assistance or contact us at [618-709-1274].

C. Carrier and TCR Compliance

  • TCR Registration: All SMS campaigns are registered with The Campaign Registry.

  • Content Restrictions: Messages comply with CTIA guidelines (no prohibited content, such as phishing, hate speech, or adult material).

  • Sending Hours: Messages are sent only between 8:00 AM – 9:00 PM local time (recipient’s time zone).

7. Data Retention

  • SMS Opt-Out Requests: Retained indefinitely to comply with TCPA requirements.

  • General SMS Data: Deleted after 24 months of inactivity.

  • Transactional Records: Retained for 7 years to comply with tax and legal obligations.

8. Data Sharing and Third Parties

A. Service Providers

We share data with TCR-registered vendors (e.g., Twilio) solely to deliver messages. These providers are contractually prohibited from using data for unrelated purposes.

B. Legal Disclosures

We disclose Personal Information if required by:

  • Law enforcement or regulatory agencies (e.g., subpoenas, court orders).

  • Legal obligations to protect rights, safety, or property.

9. Security Measures

We implement reasonable and appropriate safeguards to protect Personal Information, including:

  • Access Controls: Restricted to authorized personnel with unique credentials.

  • Audits: Annual security assessments.

10. Your Rights

A. Access and Correction

You may request:

  • A copy of your Personal Information.

  • Corrections to inaccurate data.

B. Deletion

Request deletion of Personal Information, subject to legal retention requirements (e.g., opt-out records).

C. Objection

Opt out of SMS/text messaging at any time by replying STOP.

Submit requests to: eharper@apexpremier.org. We respond within 30 days.

11. Children’s Privacy

Our services are not directed to individuals under 18. We do not knowingly collect data from minors under 13.

12. Policy Updates

We will notify Users of material changes via SMS, email, or website notice 30 days in advance. Continued use of services constitutes acceptance of revised terms.

13. Contact Information

For questions, requests, or complaints: