H.G. Fenton Electronic Communication Rules
1.Description of the Leasing Process
By clicking on the “apply online” button you will be taken to the web page that contains our online rental application. You will need the following items in order to be able to complete the application:
- Social Security Number
- Driver's License
- Current Address
- Current Landlord contact info
- Employment Information
- Banking Information
If you decide not to apply online you may print a copy of the application and fax, email, mail or drop it off to the leasing office. If you submit electronically a PDF copy of your application and other documentation that you have submitted online will be sent to you at the email address provided on your application. For your own protection, certain sensitive information will be blocked out from the application that is emailed back to you.
Once we have received and reviewed your application you will be contacted by a H.G. Fenton employee. We will need a credit check fee of $35 for each person applying for the apartment as well as a holding deposit of $100. Payment may be made using a credit card (Visa or MasterCard) or by check.
Once your application is approved we will make arrangements for you complete a rental agreement and provide us with written proof of income or ability to pay rent.
2.Accepting the Terms
By agreeing to the terms and submitting your application electronically, you are acknowledging acceptance of any terms on the application and you are waiving any challenge to the validity of your application based on the electronic nature of your submission. This means that simply because you are submitting this electronically, it is no less valid than if you had physically signed it.
If you submit your application electronically, then you are also agreeing that we may contact you about your application materials via email or other electronic means. You may choose to revoke your consent to subsequent electronic communications by contacting the community to which you have applied. By electing to submit an electronic application, you confirm that you have access to a personal computer with browser software such as Microsoft Internet Explorer, Adobe Acrobat Reader; and Internet access.
By submitting the application electronically the applicant hereby acknowledges his/her endorsement and acceptance of this agreement, and he/she waives any challenge to the validity of this rental application agreement based on the applicant’s submission by electronic means.
You agree to maintain an active primary email address and to update your designated email address on this site from time to time, as necessary. If you do not keep this email updated you may miss important communications from us about your application or other electronic records.
If you ever need a copy of the electronic records that we have on file for you, you can contact us by calling (855) 807-6661.
Effective: May 1, 2010
Anonymous Information. We may collect two types of information through this Site: anonymous information and personally identifiable information (“PII”). We collect certain anonymous data regarding the usage of the website. This information does not personally identify users, by itself or in combination with other information. We gather it to improve the performance of the Site. The anonymous data we collect can include information such as the type of browser you are using, IP address, the pages you view, and the length of your visit to the Site.
Personally Identifiable Information. We may also ask you to provide personally identifiable information on the Site, which may include your name, address, telephone number, fax number, company name, e-mail address and relevant details about the property that interests you. These details may include whether the location is a business or residence, the location, and the square footage, to give some examples. This information can be gathered when you send us an e-mail or when you complete the specific web page request form. In all such cases you choose whether to provide us with the personally identifiable information, but certain portions of the Site may not be available to you or we may not be able to respond to your inquiry effectively if you do not provide the PII requested.
My Account. In order to provide some of the services on the Site, we ask you to provide additional personal information regarding your account with Fenton. This additional information may include existing account numbers, application details, service preferences and so forth. We will use this information only to support your relationship with Fenton. This includes responding to your requests, customizing your experience on the Site, and communicating with you about your account.
Surveys and Contests. We may occasionally request information from you via surveys or contests. Your participation in these surveys or contests is completely voluntary. The information that we request typically includes your contact details. If you choose to participate, the information that you provide will be shared with the contest/survey sponsors to notify winners and award prizes. Survey information may also be used to monitor and improve the content and performance of the Site.
Career Pages. If you choose to review our job listings and to submit an application from our career web pages, then you will have choices as to how you contact us and how much information you provide online. Any information that you provide within your resume or CV will be considered Personally Identifiable Information and will be used only in the context of assessing your suitability for one or more roles with us. We will maintain any resume information on file after submission in case subsequent job openings may interest you. We will use your contact details to alert you if we see a potential fit. You may contact us at email@example.com to have your resume information removed from our database.
Community Classifieds. Each of our properties will typically have a portion of the web site designated as Residents Corner, where you can post and respond to community classifieds for example. Posting and responding to classifieds is entirely voluntary but you should know that information posted is publicly available, even to those Site visitors who are not members of your residential community. Therefore, you should always be aware of any personal information that you post, as we can take no responsibility for how this information may be used outside of Fenton.
COOKIES AND WEB BEACONS
We also use web beacons (also known as clear gifs), which are tiny graphics embedded on a web page to help us measure the effectiveness of particular content. Unlike cookies, web beacons are not stored on your computer’s hard drive.
USE AND DISCLOSURE OF INFORMATION
Uses by H.G. Fenton Company
On certain of our Site pages where you have submitted detailed information concerning potential properties or services or job postings, we will use this information only for the purposes of contacting you and determining which job, property or service and so forth may be most relevant to you. We will not share this information with any third party for their own marketing purposes without your prior consent.
We may also disclose personally identifiable information in order to respond to a subpoena, court order or other such request. We may also provide such personally identifiable information in response to a law enforcement agency's request or as otherwise required by law.
We may provide your personally identifiable information to a third party if we file for bankruptcy, or there is a transfer of the assets or ownership in connection with proposed or consummated corporate reorganizations, such as mergers, acquisitions, or sales of business units.
Uses by Third-Parties
We do not provide your personally identifiable information to any third party for their own marketing purposes without your prior request or consent. Fenton works closely with certain businesses to provide you with property information and services. Sometimes these businesses make special offers available to Site visitors. If you request to receive information about these offers, we will share your personal information with these companies so that they can send you details about their special offers. You should know in advance that each of these companies has its own policies with respect to the collection and use of personal information and that we are not responsible for their use of your information.
INFORMATION SECURITY AND SECURE TRANSACTIONS
We have implemented various security measures for the purpose of protecting your personal information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access and against any other unlawful forms of processing. When you create a user profile and log in to a secure portion of our Site, your personal information benefits from the protections of Secure Sockets Layer (“SSL”) technology. Our web servers have been enabled with SSL technology to automatically encrypt your information and help prevent unauthorized parties from viewing your account or application information during a secure session. This is why you must enter your unique user name and password each time you access your account information through the Site.
You are responsible for maintaining the confidentiality of your user name and password. You are responsible for all uses of your password, whether or not authorized by you. You must inform us immediately of any unauthorized use or your user name or password.
However, the transmission of data over the Internet by its nature entails the use of systems under the control of third parties, and as a result Fenton will work to prevent any violation of the security systems but cannot ensure a total control of the security of such systems.
Fenton understands the importance of protecting children’s privacy in the interactive online world. The Site covered by this policy is not designed for or intentionally targeted at children 13 years of age or younger. It is not our policy to intentionally collect or maintain information about anyone under the age of 13.
INQUIRIES, CORRECTIONS AND COMPLAINTS
Data is submitted to H.G. Fenton Company (“Fenton”) and is hosted and stored in a database on servers situated in the United States by Fenton and by third parties on our behalf.
You are responsible for ensuring that the personal information you have submitted or access through the Site is accurate and complete. You may change the information we have on file for you by accessing My Account and entering any new or different details. If you have included personal details such as address or email information, you may alter these via the appropriate link on your My Account page. Please contact us immediately if you notice changes to your profile that you did not request or if you notice any suspicious activity concerning your account.
H.G. Fenton Company
7577 Mission Valley Road, Suite 200
San Diego, California 92108
If you wish to modify or update any information we have received, please contact firstname.lastname@example.org.
Terms and Conditions
By agreeing to the Terms and Conditions of this Agreement and Owner/Agent receiving the non-refundable $35.00 application fee (per Applicant) plus a $100.00 holding deposit, the premises will be taken off the rental market and reserved for Applicant. The rental agreement will be subject to Owner/Agent’s acceptance of the application (which is not a rental agreement or contract), and subject to Applicant and Owner/Agent entering into a separate rental agreement. Applicant represents that the application is true and correct and hereby authorizes verification of the items, including but not limited to, the obtaining of a credit report as set forth in Section 3 below and agrees to furnish additional credit references upon request. Applicant consents to allow previous Owners/Agents to disclose tenancy information to Owner/Agent. The rental agreement is made on the basis of the application, and Applicant agrees that if any information contained in the application is false Owner/Agent has the option to terminate the rental agreement at any time. All residents over the age of 18 must complete and sign an application, sign the rental agreement, provide utility account numbers and vehicle information and pay monies specified in the rental agreement before possession of the Premises will be given and keys will be issued.
1. Reservation Request/Holding Deposit Agreement
Full Refund of Holding Deposit for 72 Hours. If Applicant notifies Owner/Agent within 72 hours of submitting the application that Applicant is withdrawing the application, Applicant will receive a full refund of the holding deposit (subject to the check clearing the bank). However, application fees are not refundable if Owner/Agent has already processed the application.
Retention by Owner/Manager of Holding Deposit. If Applicant does not notify Owner/Agent within 72 hours of submitting the application that Applicant is withdrawing the application, the $100.00 shall be retained by Owner/Agent.
Denial of Application–Deposit Refund. If the application is not approved, Owner/Agent will refund the holding deposit within 21 business days from the date which the Applicant is notified that the application was not approved (subject to the check clearing the bank). Application fees will not be refunded if Owner/Agent has processed the application.
Miscellaneous: If Owner/Agent is unable to deliver possession of the premises to Applicant on the scheduled move-in date for any reason, Owner/Agent will not be liable for the delay, nor will this affect the validity of this agreement or the rental agreement, nor extend the term of any rental agreement. However, rent will not accrue under the rental agreement until possession of the premises is tendered to Applicant. If Owner/Agent has not tendered possession of the premises to Applicant within three days of the scheduled move-in date, Applicant may withdraw the application and/or terminate the rental agreement at any time until Owner/Agent tenders possession of the premises to Applicant.
2. Priority Reservation Program
The Priority Reservation Program provides Applicant the opportunity to reserve an apartment or floor plan when either the apartment or floor plan is not currently available or when the Applicant wishes to rent an apartment or floor plan in the future. When an apartment or floor plan becomes available, Owner/Agent will contact the first Applicant on the Priority Reservation list and Applicant will have 24 hours from the time Owner/Agent contacts them to advise Owner/Agent of Applicant’s interest in renting the available apartment or floor plan. If the Applicant does not respond, the next Applicant on the Priority Reservation list will be contacted and offered the apartment or floor plan to rent.
Applicant agrees to pay the sum of $35.00 as an application fee (per Applicant), which is non-refundable. Applicant also agrees to pay the sum of $100.00 as a Priority Reservation deposit. The Priority Reservation deposit is non-refundable and forfeited as liquidated damages if Applicant withdraws from the Priority Reservation Program after an apartment or floor plan is made available and offered to Applicant to rent.
3. Resident Screening Report Authorization and Notice
As part of Owner/Agent screening procedure for residency, Owner/Agent will obtain the following reports about Applicant: ScorePlus; Experian Credit; Registry Check; and Credit Report Address Information.
The reports may contain information about Applicant’s character, general reputation, personal characteristics and/or mode of living, and will be used, in part, to verify information contained in the application for residency. The reports will be obtained from the following company: First Advantage SafeRent, ATTN: Consumer Relations Department, 11140 Rockville Pike, PMB 1200, Rockville, MD 20852, Ph. (888) 333-2413.
A summary of consumer rights under the California Investigative Consumer Reporting Agencies Act, California Civil Code §1786.22 is below.
Owner/Agent reserves the right to verify any information provided by Applicant in the application by any other method allowed by law.
By agreeing to the Terms and Conditions, Applicant authorizes Owner/Agent to obtain the indicated reports. Additionally, if Applicant is applying for residency with a Co-applicant, Applicant authorizes Owner/Agent to release any and all information related to the application for residency (including the application form, the credit reports, the reports indicated above in this Section, and any notice of adverse action related to these items), to Applicant’s Co-applicants. Owner/Agent will provide Applicant with a copy of the reports at Applicant’s request. If Applicant requests a copy of his/her reports by selecting “Yes” on the application, they will be sent to Applicant within three business days after Owner/Agent receives the reports.
Summary of Rights Under the California Investigative Consumer Reporting Agencies Act
You have a right under California law to inspect files maintained on you by an investigative consumer reporting agency pursuant to any of the following procedures, during normal business hours and on reasonable notice:
1) You may personally inspect the files if you provide proper identification (e.g., valid driver's license, social security account number, military identification card, credit cards), and may receive a copy of the file for the actual cost of duplication services provided.
2) You may make a written request, by certified mail and with proper identification, as described above, for copies to be sent to a specified addressee.
3) You may make a written request, with proper identification as described above, for telephone disclosure of a summary of information contained in your files, if any toll charge is prepaid by or charged directly to you.
If you are unable to provide "proper identification" through the types of cards or numbers listed above, the agency may require additional information concerning your employment and personal or family history in order to verify your identity.
The agency must provide trained personnel to explain to you any information that the agency is required to furnish to you from your file. The agency also must provide you with a written explanation of any coded information contained in your files at the time your file is provided to you for inspection. You are permitted by law to be accompanied by one other person of your choosing when inspecting your files. That person must furnish reasonable identification. The agency may require you to provide the agency with a written statement granting permission to the agency to discuss your file in such person's presence. The agency also is not required by law to make available to you the sources of information in your files, although such information would be obtainable through discovery procedures in any court action brought under the Investigative Consumer Reporting Agencies Act.
4. Resident Selection Criteria
H.G. Fenton Company supports fair housing laws, prohibiting discrimination in housing. Owner/Agent does not discriminate on the basis of any Federal protected class including race, color, religion, sex, national origin, familial status and handicap, or on the basis of any class protected by California law such as marital status, gender identity, sexual orientation, age, ancestry, source of income, medical condition or any other arbitrary basis.
The following qualification standards will be required from every prospective resident. They include, but are not limited to:
If Applicant plans to view the apartment home in person, Applicant will be required to present valid government issued photo identification at that time.
Credit History: An unsatisfactory credit report can disqualify an Applicant from renting an apartment home at this community. An unsatisfactory credit report is one that reflects past or current bad debts, late payments or unpaid bills, liens, judgments or bankruptcies. If an Applicant is rejected for poor credit history, the Applicant will be given the name, address and telephone number of First Advantage SafeRent, who provided the credit report. An Applicant rejected for unsatisfactory credit is encouraged to obtain a copy of the credit report from First Advantage SafeRent, correct any erroneous information that may be on the report, and resubmit an application to this community.
Income: Written verification of income is required (i.e. Two current, consecutive original pay stubs, Two current consecutive original Bank Statements, most recent tax return, most recent W2, employment contract or offer letter on company letterhead, certified verification from company accountant or government or legal documents detailing benefits.) Applicant(s) must make 3 times the monthly rental amount to qualify.
H.G. Fenton Company evaluates the above information with a scoring method that weighs the indicators of future rent payment performance. For further explanation of this type of method, please refer to Section 5 below entitled “Rental Scoring and Applicant’s Rental Application.”
5. Rental Scoring & Your Rental Application
Many Owners/Agents rely upon “Rental Scores” to estimate the relative financial risk of leasing an apartment to Applicant. In addition to estimating risk, rental scores are an objective and consistent way of reviewing relevant Applicant information, and help speed the application approval process.
How is my rental score determined?
Rental scoring systems assign points to certain factors identified as having a statistical correlation to future financial lease performance. Applicant’s rental score results from a mathematical analysis of information found in the credit report, application, and previous rental history. Such information may include Applicant’s bill-paying history, the number and type of accounts he/she has, collection actions, outstanding debt, income, and the number of inquiries in the consumer report. The final number, or rental score, represents an estimated level of risk as compared to the performance of other consumers in a range of scores.
The rental scoring was created for the purpose of treating all Applicants consistently and impartially, without regard to subjective criteria.
How is my rental score used?
Rental decisions are based upon how much risk an Owner/Agent is prepared to accept. Each Owner/Agent, therefore, sets the minimum score required for approval of an application. It is possible for Applicant’s rental score to yield different results depending upon where Applicant applies. Applicant’s rental score might mean a denial at one property, while the same score might be approved at another. It all depends upon the risk an Owner/Agent is prepared to accept.
What can I do to improve my rental score?
Applicant’s rental score may change if the underlying information it is based upon changes. The total improvement, however, generally depends on how that factor relates to other factors considered by the scoring system. Nevertheless, to improve the rental score, concentrate on paying bills on time, paying down outstanding balances, and not taking on new debt. Chances of approval should also improve if Applicant applies for an apartment with lower monthly rent.
Where can I have my score explained?
Should the application be denied based upon the rental score, Applicant can learn which factors most negatively influenced the score by contacting the consumer reporting agency listed below. Additionally, Applicant can obtain a free copy of your consumer report, if Applicant’s make the request to the consumer reporting agency within 60 days of the denial. First Advantage SafeRent, Attn: Consumer Relations Department, 11140 Rockville Pike, PMB 1200, Rockville, MD 20852, Phone (888) 333-2413.
Effective: May 1, 2010
1. WHAT YOU SHOULD KNOW & HOW CHANGES CAN BE MADE. The primary goal of this Site is to provide you with access to information about our businesses, properties, services, and related links to meet your needs with respect to these businesses, properties, and services (the "Content"). These Terms are meant to protect all of the visitors to and users of this Site, and your access to and use of this Site signifies your agreement with these Terms. DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THESE TERMS. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of this Site, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered and updated Terms if you access or use this Site after we have posted notice of such modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THIS SITE AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED. You should note that these Terms contain additional disclaimers and limitations on our liability, which can be found in Sections 9 and 10 below. Please read these carefully and make sure that you understand them before continuing with your use of this Site.
3. USE OF THIS SITE & INTELLECTUAL PROPERTY RIGHTS. We control and (either we or through our third party hosts) operate this Site. All Content on this Site, including, but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by Fenton, our affiliated or related entities, or parties that have contracted with Fenton. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content. You may download or make copies of Content contained on this Site solely for uses in accordance with the Agreement, provided that you maintain all copyright and other notices contained in or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Fenton. You may request consent by sending a written request to H.G. Fenton Company, 7577 Mission Valley Road, Suite 200, San Diego, CA 92108.
Your modification of the Content, use of the Content on any other linked Site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of Fenton violates intellectual property rights and proprietary rights and is strictly prohibited. You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on this Site, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of Fenton or otherwise incorporate into another Site any of the Content or other materials on this Site, without our express prior written consent. You may not deep link to any page of portions of this Site without our prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of this Site provided that you do not make or attribute to us, our affiliated or related entities any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of Fenton or our affiliated or related entities without our express prior written consent.
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Notice and Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for notice of claims of copyright infringement on this Site can be reached as follows:
H.G. Fenton Company
Attn: General Counsel
7577 Mission Valley Road, Suite 200
San Diego, CA 92108-4432
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Please note that because the colors you see will depend on your monitor, we cannot guarantee that your monitor will display the exact color of an image displayed.
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In the event that you are provided with user identification numbers or codes (collectively, "IDs"), Confirmation numbers, and/or passwords (as applicable) in the use of this Site, you shall maintain such user IDs, Confirmation numbers, and/or passwords in confidence, and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify us if we need to change or discontinue any of your IDs, Confirmation numbers, or passwords. It is also your responsibility to immediately request discontinuation of an ID, Confirmation number, or password upon your knowledge or belief that such ID, Confirmation number, and/or password is or may be subject to theft, unauthorized use or access, or a breach of confidentiality. We may suspend or terminate your service or access to this Site if we believe that such theft, use, access or breach, or any other breach of these Terms, has occurred. You agree that any Information that you provide will be true, accurate, current and complete. If you provide any Information that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incompletries around the world. As each of these places has laws that may differ from those of your location, by accessing this Site, you agree that these Terms and your use of the Site shall be governed in all respect by the internal substantive laws of the State of California, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in the County of San Diego, California, for all disputes, cases and controversies regarding this Site and your use of this Site. We make no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which they reside.
Thank you for considering Portofino your next home. We are here to help you with your questions during the application and leasing process. Our goal is to make this a pleasant experience, and to hopefully serve you as a new member of our great community. If you don’t know which apartment number you want yet, we can help you with that later.
Once you submit the application, we’ll be in touch with you regarding your credit check and related processing fees that will need to be collected. In the meantime, you can reach us at email@example.com.
When Applying Online. While it is easy and won't take much time, submitting your application electronically is no less valid than if you had physically signed it. And, you are also agreeing that we may contact you about your application materials via email. Lastly, if you ever need a copy of the electronic records that we have on file for you, they will be at the leasing office.By Applying Online,
We offer this online application for your convenience and completion of a rental application does not ensure approval for rental of an apartment home. If you prefer to do this in-person, please visit us at our community.
To schedule an appointment, please give us a call at (855) 807-6661. You can also print this out and fax, email, or drop it off.