Privacy Policy

This Privacy Policy applies to information collected by The Regency Club (“Regency”).

This Privacy Policy applies to website visitors, customers who visit our memory care centers, customers who purchase our services, and any other ways in which you may communicate (e.g., via telephone) or interact with us (collectively, “you”).

This Privacy Policy describes:

• the access, collection, use, retention, disclosure, and protection of Personal Information (defined in the Types of Information Collected section below),
• your privacy rights; and
• how the law protects you and your privacy rights (explained in the Your Privacy Rights section below).

We adopt this Privacy Policy to inform consumers about our online and offline information practices, including comprehensive information about consumer rights under privacy laws noted below, and how consumers can exercise those rights.

Please read this Privacy Policy and make sure you fully understand our policies and practices. If you do not agree with our policies and practices, your choice is not to use our websites, purchase our services, or interact with us.

Otherwise, by (i) accessing or using our websites, (ii) purchasing our services, (iii) visiting our daycares, or (iv) communicating or interacting with us (collectively, our “Services”), you are thereby confirming and acknowledging Privacy Policy as it applies to our collection and use of your personal information.

Depending on your jurisdiction, we may require you to provide affirmative, express consent or to “opt-in” so that we may process sensitive Personal Information (such as precise geolocation or physical health conditions or diagnoses) of yourself or of the individual on whose behalf you are interacting with Regency. If applicable, we will obtain such consent before or at such time.

If you are procuring Services for a memory-affected individual for whom you are in charge of care and/or provided information to us regarding that individual, you are representing to us that you have the authority to provide such information to us.

Where you have read this Privacy Policy but would like further clarification, please contact us or your local Regency Club.

Changes to this Privacy Policy

This Privacy Policy may change from time to time. Further, we review and may update this Privacy Policy at least every twelve (12) months.

We reserve the right, however, to amend this Privacy Policy at our discretion, at any time. When we make changes to this Privacy Policy, we will post the updated policy on our websites and update the Effective Date. Changes to this Privacy Policy are effective when they are posted on this page.

We may notify you via email, SMS, or by prominently posting a notice of such changes on our websites. To the extent such changes require your consent, we will obtain such consent.

Minimum Age

Our websites and the services, content, information, and products provided or made available on and/or through our websites may not be accessed or used by any individuals who are not at least 14 years of age (the “Minimum Age”).

We do not knowingly collect, process, disclose, sell, or share Personal Information belonging to individuals under the Minimum Age, except with the consent of their parent or legal guardian. Otherwise, if you are under the Minimum Age, you are strictly prohibited from the following:

• using or providing any information to our websites
• registering for an account with our websites
• making any purchases through our websites
• providing any information about you to us, including but not limited to your
  • name
  • home and/or billing address
  • telephone number
  • email address
  • payment card information
  • username
  • medical conditions
  • physical characteristics

If you are under the Minimum Age and we need to rely on consent as a legal basis for processing or sharing your information, we may require your parent’s or legal guardian’s written consent before we collect and use that information. If we learn we have collected or received Personal Information from a person under the Minimum Age without verification of parental consent, we will delete such Personal Information in a reasonable and timely manner.

If you believe we might have any Personal Information from or about anyone under the Minimum Age without parental or legal guardian consent, please contact us through the contact information located in the Contact Information section below.

Accessibility

Access to any company’s website can be challenging for those having certain disabilities. A person’s access challenges are often unique. What may work well for one person may cause difficulties for another person. We have made efforts to accommodate as many of our customers and potential customers as is reasonable given our size, resources, and knowledge of our customers, and potential customer’s needs.

If you or someone you represent has difficulty accessing the materials or content featured on our websites as the result of an actual or perceived challenge, please contact us:

The Regency Club
1311 Route 37 West
Toms River, NJ 08755

Phone: (732) 286-2220

Types of Information Collected

Personal Information

Throughout the course of our business relationship with you, we may collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, and/or could reasonably be linked, directly or indirectly, with you and your household or device (“Personal Information”). We also collect certain categories of sensitive Personal Information, such as precise geolocation, account access credentials, and physical health information.

Personal Information does not include:

• publicly available information from government records;
• deidentified or aggregated consumer information; or
• de-identified data website and mobile app activity and history, not attributable to an identified or identifiable consumer (“Usage Data”).

Usage Data

Usage Data may include but is not limited to de-identified data related to:

• device IDs;
• clickstream formation;
• device type;
• browser type;
• time and date; and/or
• subject of advertisements clicked or rolled over.

We use Usage Data to help us provide users of our websites with a more user- friendly browsing experience, and to provide visitors with advertisements about goods and services more likely to be of interest to them (interest- based advertising).

Sources of Personal Information

We obtain the categories of Personal Information listed above from the following categories of sources.

Directly from you

This includes, but is not limited to, information that you provide:

• online;
• at one of our clubs;
• prior to and/or while receiving Services;
• when you create an account with us;
• when you fill out a lead form online, on the phone or in-person; or
• during your communications with customer support.

PRIOR TO OR AT SUCH TIMES WE COLLECT PERSONAL INFORMATION (INCLUDING SENSITIVE PERSONAL INFORMATION) FROM YOU DIRECTLY, YOU MAY BE REQUIRED TO PROVIDE AFFIRMATIVE, EXPRESS CONSENT.

Indirectly from you

By way of example, but not limitation, this includes information provided to us:

• when you visit our websites;
• by our service providers or contractor; or
• from third parties.

We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. For more information, please visit the Data Collection Technologies and Cookies section below.

We may disclose personal information about individual users to our service providers who perform services to Regency Club, as described in the Disclosures of Your Personal Information section below. Please note that we may also use third-party email providers to assist with sending our marketing emails.

Mobile Terms of Service

You may agree to receive promotional messages, appointment information, and other transactional messages via text from Regency Club related to our services and events calendar. In order for you to receive these messages, we will require you to opt-in to receive such messages at the time you provide us with your mobile device number. We will not provide your device information with any third parties other than our service providers who assist us in delivery and management of our SMS services. These third parties are contractually bound not to use your information other than to facilitate our messaging with you.

You can cancel the SMS service at any time. Just reply “STOP”. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.

If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly by calling our office at 732-286-2220.

Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

Specific Categories of Personal Information

We have collected, will collect and/or have processed the following categories of Personal Information (including sensitive Personal Information) from consumers for the following purposes within the last twelve (12) months and anticipate collecting and/or processing such data within the upcoming twelve (12) months.

• • Identifiers
  • Detailed record information
  • Protected classification characteristics (which may be considered sensitive) such as memory care history
  • Payment information
  • Appointment/purchase history
  • Client initiation forms and caregiver notes
  • Survey information
  • Customer service information
  • Physiological, behavioral, and biological characteristics
  • Browsing activity
  • Geolocation data

Data Collection Technologies and Cookies

Cookies

A cookie is a piece of data stored on the user’s computer tied to information about the user. We use both session cookies and persistent cookies.

For the session cookie, once users close the browser, the cookie simply terminates.

A persistent cookie is a small text file stored on the user’s hard drive for an extended period of time. Persistent cookies enable us to track and target the interests of our users to enhance their experience on our site. By setting a cookie on our site, users would not have to enter a password more than once, thereby saving time while on our site. If users reject the cookie, they may still browse our site, however they will not be able to buy gift cards or use other interactive functionality that requires cookies. Persistent cookies can be removed by following Internet browser help file directions.

Log Files

We use log files for error diagnostics, session management, and determining our advertising efficiency. This includes

• IP addresses
• browser type
• internet service provider (ISP)
• referring pages
• platform type
• date/time stamp

Communications From Our Websites

Transactions and Service Announcements

Customers who schedule an appointment with us may receive communications from us throughout the transaction process. These communications may come via email or SMS text message, depending on the customer’s preference. We may also occasionally send out service-related announcements, for instance, if our service is suspended for maintenance.
Generally, these communications are not promotional in nature, and users will receive them if their accounts are open.

Special Offers, Newsletters and Updates

Out of respect for the privacy of our customers, we present the option to not receive communications, as explained in the Choice and Opt-Out section below. Note, however, that even if you opt-out of receiving certain communications, we may still need to contact you if, for example, club activities or schedule updates, or if we need to contact you regarding payment issues.

Choice and opt-out

You can change your opt-in or opt-out status or your communication preferences (email, SMS text) by

• clicking on the “Unsubscribe” link within an email;
• respond ‘STOP’ to an SMS message;
• calling 732-286-2220.

Disclosures of Your Personal Information

EXCEPT AS STATED IN THIS PRIVACY POLICY, WE DO NOT OTHERWISE DISCLOSE, SELL, OR SHARE PERSONAL INFORMATION WITHOUT NOTICE OR CONSENT, AS REQUIRED BY APPLICABLE LAW.

We may make the following such disclosures under written contracts that describe the purposes, require the recipient to keep the Personal Information confidential, and prohibit using the disclosed information for any purpose except performing the contract for us.

Processing of Personal Information

If required by applicable law, we may obtain your consent prior to processing certain categories of Personal Information. However, in all such cases, we only process sensitive Personal Information for purposes permitted by law, including, but not limited to, the California Privacy Policy Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020. Currently, we do not process sensitive Personal Information to infer consumer characteristics.

Your information, including Personal Information, is processed at the Company’s operating offices, our Regency clubs, and in any other places where the parties involved in the processing are located. It means that this information may be transferred to—and maintained on—computers located outside of your territory where the data protection laws may differ than those from your territory. If you consent to our collection of your information, for example when you make inquiry to us, your information will be collected on our servers in the United States, and processed by our service providers where they are located.

Retention of Your Personal Information

We retain your Personal Information only for as long as is necessary for the purposes set out in this Privacy Policy; provided, however, that we may delete such data upon your submission and our approval of a verifiable request. For more information, please see the Your Privacy Rights section below.

By way of example but not limitation, we will retain and use your Personal Information and Usage Data to the extent necessary

• for as long as you purchase recurring Services;
• to respond to your requests;
• to fulfill our transactions with you;
• to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws);
• to resolve disputes;
• to enforce our legal agreements and policies;
• for internal analysis purposes; and/or
• to strengthen the security or to improve the functionality of our websites.

Links to Other Websites

Our websites may contain links to other websites that are not operated or controlled by us. Links to other websites are provided solely for convenience. If you click on a third-party link, you will be directed to that third party’s website. Your usage and browsing on any such website are subject to that website’s own policies. We strongly advise you to review the privacy policy and terms of use of every website you visit.

WE ARE NOT RESPONSIBLE FOR THE COLLECTION, PROCESSING, OR DISCLOSURE OF PERSONAL INFORMATION IN CONNECTION WITH OTHER WEBSITES. WE HAVE NO CONTROL OVER AND ASSUME NO RESPONSIBILITY FOR THE CONTENT, PRIVACY POLICIES, OR PRACTICES OF ANY THIRD-PARTY WEBSITES OR SERVICES.

Security of Your Personal Information

We have implemented commercially accepted technical and organizational measures designed with the intent to (i) secure your Personal Information; and (ii) mitigate the risk of accidental loss or unauthorized access, use, alteration, or disclosure of your Personal Information. When our registration, order, or form(s) asks users to enter payment information, such information is encrypted with encryption software using SSL encryption. Employees, contractors, or service providers are granted access to customers’ Personal Information only on a need-to-know basis.

Unfortunately, the transmission of information via the Internet is not completely secure. WHILE WE STRIVE TO USE COMMERCIALLY ACCEPTED MEANS TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE ITS ABSOLUTE SECURITY. TO THE FULLEST EXTENT ALLOWED BY LAW, ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR THE CIRCUMVENTION OF ANY PRIVACY SETTINGS OR SECURITY MEASURES, INCLUDING THOSE CONTAINED ON OUR WEBSITES. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.

The safety and security of your information also depends on you.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password, you are responsible for keeping this password confidential. We encourage you not to share your password with anyone. We urge you to be careful about giving out information in public areas, like message boards. The information you share in public areas may be viewed by any user of the Internet. You are responsible for all use of your credentials.

Minimize the Personal Information you share with us. Do not provide or submit sensitive Personal Information to us unless you have confirmed that we have specifically requested such information.

Your Privacy Rights

Under applicable laws, including, but not limited to, the California Privacy Policy Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020; the New Jersey Consumer Privacy Law; and their implementing regulations, you may have certain rights in connection with your Personal Information.

If you have such rights and your request complies with the requirements under applicable laws, we will give effect to your rights, as required by law. We may also maintain records of all your rights and requests, as permitted by law.

Right of Access (also known as the Right to Confirm)

You may have the right to confirm whether we collect and/or process your Personal Information, and if we do in fact collect and/or process your information, you may have the right to access such Personal Information, subject to certain limitations.

Right to Know and Data Portability

You may have the right to request that we disclose certain information to you about our collection, processing, retention, and use of your Personal Information (the “right to know”).

Once we receive your request (via the address provided above) and confirm your identity (a “verifiable request”), the Company will disclose to you:

• the categories of Personal Information we collected about you;
• the categories of sources for the Personal Information we collected about you;
• our business or commercial purpose for collecting or selling that Personal Information;
• the categories of third parties with whom we share that Personal Information;
• if we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing:
  • sales, identifying the Personal Information categories that each category of recipient purchased, and
  • disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained; and
• the specific pieces of Personal Information we have collected and/or process about you (a “data portability request”).

We will deliver your Personal Information in a format that is portable, and, to the extent technically practicable, readily usable, and transmissible without hindrance, where the processing is carried out by automated means.

Upon confirmation of a verifiable request, we may deliver your Personal Information:

• to password-protected account holders, using a secure self-service portal; or
• at your option:
  • by mail, or
  • electronically.

NOTE that your right to know is not an absolute right. We are not required to retain Personal Information that we would not normally retain. Furthermore, unless required by law, we may not disclose certain sensitive categories of Personal Information to you or information that could reveal our trade secrets.

Upon a verifiable request, we will transfer that information to another entity directly.

Before responding to a verifiable request, we may be required by law and regulations to remove certain sensitive information from collected Personal Information.

Right to Delete

You may have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions (the “right to delete”). Once we receive a verifiable request, we will review your verifiable request to see if an exception that allows us to retain the information applies.

NOTE that your right to delete is not an absolute right and we may deny deletion requests when we need to retain Personal Information for certain statutory business reasons or when permitted by law.

If we deny your verifiable request, we will notify you of the following:

• the basis for the denial, unless prohibited from doing so by law;
• an explanation that we will delete your Personal Information to the extent that it is not subject to one of the above exceptions; and
• confirmation that we will not use your Personal Information retained for any other purpose than provided for by that exception(s).

If we approve your verifiable request, we will notify you of the following:

• confirmation of the permanent deletion or deidentification of your Personal Information not subject to an exception;
• an explanation that we will maintain a record of your deletion request, for a period as permitted by law, or as otherwise needed to ensure that your Personal Information remains deleted from our business records; and
• notification to our service providers or contractors to delete your Personal Information from their records and all third parties to whom it has sold or shared your Personal Information to delete that information unless the notification proves impossible or involves disproportionate effort.

Alternatively, in responding to a request to delete, we may present you with the choice to delete select portions of your Personal Information.

Please note that by requesting the deletion of your data from our systems, you are consenting to the permanent removal of all records associated with your experiences with Regency. This includes any history, preferences, feedback, and other interactions you may have had with us.

Once your data is deleted, we will no longer have any record of your history Regency. Consequently, we may not be able to retrieve or provide any information related to your past visits or experiences with our services.

Right to Correct

You may have the right to request that we correct inaccurate Personal Information, accounting for the nature of the Personal Information and the purposes of the processing of the Personal Information, subject to certain limitations (the “right to correct”).

NOTE that your right to correct is not an absolute right and we must take the Personal Information’s processing purposes and general nature into account. Please note that we may require you to provide documentation if necessary to determine whether the Personal Information, or your requested correction to the Personal Information, is accurate. However, we will use commercially reasonable efforts to correct inaccurate Personal Information upon a verifiable request.

Right to Limit (also known as Right to Restrict Sensitive Personal Information Processing)

At this time, we only use sensitive Personal Information for appropriate, necessary business purposes and as described in this Privacy Policy. In certain jurisdictions, we may require you to provide your affirmative, express consent or to opt-in before we may process sensitive Personal Information.

Nevertheless, you may have the right to direct us to limit the collection and use of your sensitive Personal Information for what is only necessary to perform the services you have requested and/or for purposes otherwise permitted by law.

Right to Opt-Out

You may have the right to opt-out of the processing of Personal Information for purposes of:

• Targeted Advertising. This includes advertisement selected based on Personal Information obtained or inferred from your activities over time and across nonaffiliated Internet websites or online applications to predict your preferences or interests. To be clear, targeted advertising does not include the following
  • advertising to you in response to your request for information or feedback;
  • advertising based on activities within our own websites or online applications;
  • advertising based on the context of your current search query, visit to a website, or online application; or
  • processing Personal Information solely for measuring or reporting advertising performance, reach, or frequency.

• The Sale or Sharing of Personal Information.

• Profiling. Profiling includes automated Personal Information processing to evaluate, analyze, or predict personal aspects of your economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.

You may authorize another person, acting on your behalf, to opt out of the processing of your Personal Information for one or more of the purposes specified above.

If you opt-out, we will:

• honor the request as soon as possible (maximum of 15 days), unless you consent to resume personal information sales or sharing;
• wait at least 12 months before asking you to reauthorize future personal information sales, unless an exception applies; and
• inform any third parties that received Personal Information after you’ve submitted an optout request.

We will comply with an opt-out request to the extent we are able to authenticate, with commercially reasonable effort, your identity or your authorized agent’s authority to act on your behalf; provided, however, that we may deny an opt-out request if we have a good faith, reasonable and documented belief that such request was fraudulent. We may request additional information if we cannot verify your identity or your authorized agent’s authority to act on your behalf.

To Opt-Out, please write to us at:

Opt-Out
1311 Route 37 West
Toms River, NJ 08755
Phone: (732) 286-2220

Right of Non-Discrimination

We will not discriminate against you for exercising any of your rights. Regardless of whether you exercise any of your privacy rights, we will not:

• deny you services;
• charge you different prices or rates for our services, including through granting discounts or other benefits, or imposing penalties;
• provide you a different level or quality of services; or
• suggest that you may receive a different price or rate for our services or a different level or quality of our services.

However, we may offer you certain financial incentives permitted by law (in the form of bona fide rewards, premium features, discounts, or other such programs) that can result in different prices, rates, or quality levels. Any financial incentive we offer that is permitted by law will reasonably relate to your Personal Information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.

Exercising Your Rights

To exercise your rights described above, please submit a request by either calling or writing us at:

1311 Route 37 West
Toms River, NJ 08755
Phone: (732) 286-2220

Please note that we may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Information (or to exercise any of your other rights). We may also contact you to ask you for further information in relation to your request to facilitate our response.

Only you, or someone legally authorized to act on your behalf (an authorized agent), may make a request related to your Personal Information. If you authorize an agent to make verified requests on your behalf, we may require either:

• the authorized agent to provide proof that you gave the agent signed permission to submit the request;
• that you directly verify their own identity with us; or
• that you confirm that you provided the authorized agent permission to submit the request.

We do not charge a fee to process or respond to a verifiable request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Depending on your jurisdiction, you may be limited in the number of requests you may submit within a 12-month period. For the avoidance of doubt, your request to us must:

• provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
• describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

You do not need to create an account with us to submit a request. However, we do consider requests made through your password protected account sufficiently verified when the request relates to Personal Information associated with that specific account.

We will only use Personal Information provided in the request to verify the requestor’s identity or authority to make it.

Response Timing and Format

We will confirm receipt of your request within ten (10) business days, generally describing our verification process and providing an expected response timeframe, unless we have already granted or denied the request. If you do not receive confirmation within the 10-business day timeframe, please contact us.

We endeavor to substantively respond to a verifiable request within forty-five (45) days of its receipt. If we require more time (up to an additional 45 days), we first inform you of the reason and extension period in writing.

If you have an active account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

Denial of Right

To the extent permitted by law, we may deny your request (even in part) if necessary for us or, service provider(s), or contractor(s) to perform the following:

• to complete the transaction for which the Personal Information was collected;
• to provide a service requested by a consumer, or reasonably anticipated by the consumer within the context of a business’ ongoing business relationship with the consumer;
• to otherwise perform a contract between a consumer and us;
• to help to ensure security and integrity to the extent the use of a consumer’s Personal Information is reasonably necessary and proportionate for those purposes;
• to debug to identify and repair errors that impair existing intended functionality;
• to exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law;
• to engage in public or peer-reviewed scientific, historical, or statistical research that conforms or adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the ability to complete such research, if a consumer has provided informed consent;
• to enable solely internal uses that are reasonably aligned with the expectations of the consumer based on a consumer’s relationship with us and compatible with the context in which the consumer provided the information;
• to respond to or to assert disputes asserted by or against you; and
• to comply with laws, rules, regulations, and/or legal obligations.

Appeals Process

If you are unsatisfied with our decision to not comply with your request, you may submit an appeal. We will inform you in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions, not later than forty-five (45) days after receipt of an appeal. If your appeal is denied, you may contact your local state Attorney General to submit a complaint.

California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our websites that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes.