Privacy Policy

Privacy Policy and Notice of Information

This Privacy Policy and Notice of Information Practices (“Privacy Policy”) describes the privacy practices of Distinctive Healthcare, LLC, Distinctive Living, LLC, DR Management Services, LLC, Distinctive Living Development, LLC, together with their respective subsidiaries, affiliates, managed communities, ownership structures, development projects, consulting operations, home care operations, websites, applications, digital platforms, and related business operations (collectively, “Distinctive,” “Company,” “we,” “our,” or “us”).

Distinctive is committed to protecting the privacy, confidentiality, integrity, and security of Personal Information entrusted to us. This Privacy Policy explains how we collect, use, process, store, disclose, transfer, retain, and otherwise handle Personal Information obtained through our websites, online services, applications, resident and family interactions, employment activities, development services, consulting engagements, management services, business operations, and related activities.

By accessing our websites, submitting information, utilizing our Services, applying for employment, communicating with our personnel, attending events, participating in programs, or otherwise interacting with Distinctive, you acknowledge that you have reviewed and understand this Privacy Policy.

ARTICLE I: Scope of this Privacy Policy

This Privacy Policy applies to:

  • Website visitors and online users
  • Prospective residents and residents
  • Family members, responsible parties, guardians, and emergency contacts
  • Healthcare providers and referral sources
  • Current, former, and prospective employees
  • Independent contractors and consultants
  • Vendors, suppliers, and service providers
  • Owners, developers, investors, lenders, and business partners
  • Individuals who communicate or otherwise interact with Distinctive

This Privacy Policy applies regardless of whether information is collected electronically, verbally, in writing, through third-party sources, or through in-person interactions.

This Privacy Policy does not govern Protected Health Information (“PHI”) regulated under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).

Where applicable, PHI is governed by separate Notices of Privacy Practices issued by the applicable Distinctive community, healthcare provider, home care provider, or service line.

Article II: Definitions

“Personal Information” means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked with a particular individual.

“Sensitive Personal Information” may include:

  • Government-issued identification numbers
  • Financial account information
  • Biometric information
  • Geolocation information
  • Employment-related information
  • Information relating to health, disability, or wellness
  • Other information designated as sensitive under applicable law

Consumer Health Data shall have the meaning set forth in Distinctive’s Consumer Health Data Privacy Policy.

Article III: Information We Collect

Depending upon your relationship with Distinctive, we may collect the following categories of Personal Information:

  • Name
  • Mailing address
  • Email address
  • Telephone number
  • Date of birth
  • Driver’s license information
  • Passport information
  • Social Security Number where legally required

  • Employment applications
  • Resumes and CVs
  • Educational background
  • Employment history
  • Professional certifications
  • Licenses and credentials
  • Background screening information
  • Compensation and benefits information
  • Performance information

  • IP addresses
  • Device identifiers
  • Browser information
  • Operating systems
  • Referring websites
  • Search history
  • Website interactions
  • Analytics information

  • Ownership information
  • Development opportunities
  • Consulting engagements
  • Financing communications
  • Investor relations information
  • Vendor information
  • Contractual information

  • Tour requests
  • Community preferences
  • Residency interests
  • Move-in coordination information
  • Responsible party information
  • Emergency contacts
  • Resident engagement preferences
  • Customer service communications
  • Event participation information

  • Payment information
  • Banking information
  • Billing records
  • Financial qualification information
  • Credit-related information

  • Security camera footage
  • Recorded telephone calls
  • Photographs
  • Videos
  • Virtual meeting recordings
  • Building access records

Article IV: Sources of Information

Distinctive may collect Personal Information:

  • Website forms
  • Email communications
  • Telephone calls
  • Community tours
  • Employment applications
  • Surveys
  • Event registrations
  • In-person interactions

Through:

  • Cookies
  • Pixels
  • Analytics technologies
  • Website logs
  • Device identifiers
  • Session tracking tools

Including:

  • Referral agencies
  • Healthcare providers
  • Social media platforms
  • Recruitment firms
  • Marketing partners
  • Data providers
  • Government agencies
  • Business partners

From the moment of acquisition, our investment and operations teams are one.

We manage the asset through its entire lifecycle—executing the repositioning, driving the stabilization, and engineering a profitable exit that proves the pro-forma.

Article V: Purposes For Processing Information

Distinctive may process Personal Information for legitimate business purposes, including:

  • Admissions
  • Move-ins
  • Customer service
  • Resident engagement
  • Family communications

  • Recruiting
  • Hiring
  • Onboarding
  • Workforce management
  • Benefits administration

  • Licensing
  • Accreditation
  • Litigation management
  • Government requests
  • Risk management

  • Ownership information
  • Development opportunities
  • Consulting engagements
  • Financing communications
  • Investor relations information
  • Vendor information
  • Contractual information

  • Community management
  • Regulatory compliance
  • Risk management
  • Quality assurance
  • Operational planning

  • Feasibility analysis
  • Development planning
  • Market analysis
  • Consulting services
  • Investor communications

  • Fraud prevention
  • Cybersecurity monitoring
  • Incident response
  • Access control

Article VI: Artificial Intelligence and Automated Technologies

Distinctive may utilize artificial intelligence, machine learning technologies, predictive analytics, automated communication systems, virtual assistants, recruiting technologies, operational support systems, and other emerging technologies.

  • Customer service
  • Marketing
  • Recruiting
  • Scheduling
  • Analytics
  • Operational efficiencies
  • Resident engagement
  • Business intelligence

Artificial intelligence technologies may generate inaccurate, incomplete, outdated, or misleading information.

  • Medical advice
  • Nursing advice
  • Legal advice
  • Financial advice
  • Tax advice
  • Investment advice
  • Development advice
  • Professional advice

Use of such technologies is additionally governed by Distinctive’s Responsible Artificial Intelligence & Technology Governance Statement.

ARTICLE VII: Cookies, Analytics, Pixels, & Tracking Technologies

Distinctive may utilize:

  • Google Analytics
  • Google Tag Manager
  • Meta Pixel
  • LinkedIn Insight Tag
  • Microsoft Clarity
  • Hotjar
  • Session replay technologies
  • Marketing automation platforms
  • Customer relationship management systems

These technologies may collect information regarding:

  • Website usage
  • User behavior
  • Referral sources
  • Advertising effectiveness
  • Device characteristics
  • Session activity

Users may manage cookie settings through browser controls where available.

Article VIII: Disclosure Information

Distinctive may disclose Personal Information to:

  • Affiliates
  • Subsidiaries
  • Managed communities
  • Ownership groups
  • Service providers
  • Technology vendors
  • Marketing providers
  • Professional advisors
  • Government agencies
  • Courts
  • Regulators
  • Law enforcement
  • Lenders
  • Investors
  • Development partners

when reasonably necessary for legitimate business purposes or legal compliance.

ARTICLE IX: Corporate Transactions

In connection with any merger, acquisition, financing transaction, restructuring, recapitalization, asset sale, ownership transition, or similar transaction, Distinctive reserves the right to transfer Personal Information as part of such transaction, subject to applicable law.

Article X: Data Retention

Distinctive retains Personal Information only for so long as reasonably necessary to fulfill the purposes described in this Privacy Policy, comply with applicable legal, regulatory, licensing, accreditation, contractual, tax, accounting, operational, and business requirements, resolve disputes, enforce agreements, protect legal rights, and satisfy record retention obligations.

  • The nature of the information collected;
  • The purpose for which the information was collected;
  • Applicable legal requirements;
  • Industry standards;
  • Operational needs;
  • Litigation hold requirements;
  • Governmental investigations;
  • Regulatory inquiries;
  • Business continuity requirements.

  • Establish, exercise, or defend legal claims;
  • Comply with legal obligations;
  • Preserve evidence;
  • Investigate fraud;
  • Protect the rights, safety, and security of Distinctive, its residents, employees, communities, vendors, business partners, and the public.

Deletion requests may not result in the complete removal of all Personal Information where retention is otherwise permitted or required by applicable law.

Article XI: Data Security and Cybersecurity

Distinctive maintains commercially reasonable administrative, technical, physical, organizational, and procedural safeguards designed to protect Personal Information from unauthorized access, acquisition, disclosure, alteration, misuse, loss, destruction, or compromise.

  • Access controls;
  • User authentication procedures;
  • Encryption technologies;
  • Multi-factor authentication;
  • Security monitoring;
  • Intrusion detection systems;
  • Cybersecurity assessments;
  • Employee training programs;
  • Vendor risk management processes;
  • Incident response procedures;
  • Business continuity and disaster recovery measures.

Notwithstanding the foregoing, no website, network, system, transmission, storage platform, software application, security program, or technology environment can be guaranteed to be completely secure.

ACCORDINGLY, DISTINCTIVE EXPRESSLY DISCLAIMS ANY REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE ABSOLUTE SECURITY OF PERSONAL INFORMATION.

You acknowledge and agree that transmission of information via the Internet is undertaken at your own risk.

Article XII: Consumer Privacy Rights

Depending upon your jurisdiction of residence and applicable law, you may have one or more of the following rights:

The right to request information regarding:

  • Categories of Personal Information collected;
  • Sources of Personal Information;
  • Purposes for collection and use;
  • Categories of third parties receiving information.

The right to request access to certain Personal Information maintained by Distinctive.

The right to request correction of inaccurate Personal Information.

The right to request deletion of certain Personal Information, subject to applicable legal exemptions and retention obligations.

The right to receive certain Personal Information in a portable format where required by law.

The right to appeal certain privacy-related decisions where provided under applicable law.

Distinctive shall not unlawfully discriminate against individuals for exercising privacy rights available under applicable law.

Distinctive reserves the right to verify the identity of any individual submitting a privacy request.

Article XIII: State-Specific Privacy Rights

Residents of certain states may possess additional rights under applicable privacy laws.

Distinctive currently conducts operations in multiple jurisdictions, including:

  • New Jersey;
  • Florida;
  • Georgia;
  • Tennessee;
  • Ohio;
  • Kentucky;
  • Louisiana;

and may be subject to privacy obligations in additional jurisdictions where applicable.

Where state law provides enhanced privacy protections, Distinctive will comply with such requirements to the extent required by law.

Nothing contained herein shall limit Distinctive’s ability to rely upon exemptions, exceptions, privileges, immunities, defenses, or rights available under applicable law.

Article XIV: Children’s Privacy

Distinctive’s websites and online services are intended for adults and are not directed toward children under the age of thirteen (13).

Distinctive does not knowingly collect Personal Information from children under thirteen without appropriate parental consent where required by law.

If Distinctive becomes aware that Personal Information has been collected from a child in violation of applicable law, Distinctive reserves the right to take appropriate corrective action.

Article XV: Third-Party Websites and External Links

Distinctive websites may contain links to third-party websites, platforms, applications, portals, social media sites, payment processors, recruiting systems, or other services.

Distinctive does not control and is not responsible for:

  • Third-party privacy practices;
  • Third-party security practices;
  • Third-party content;
  • Third-party products;
  • Third-party services;
  • Third-party terms and conditions.

Accessing third-party websites is done entirely at your own risk.

Distinctive encourages users to review applicable third-party privacy policies before providing Personal Information.

Article XVI: International Transfers of Information

ARTICLE XVI – INTERNATIONAL TRANSFERS OF INFORMATION

Distinctive primarily conducts business within the United States.

However, information may be processed, stored, accessed, or transferred to jurisdictions outside of the state, territory, or country in which it was originally collected.

By interacting with Distinctive, users consent to the transfer, processing, storage, and use of information in jurisdictions that may have different privacy laws than those of the user’s jurisdiction.

Article XVII: Reservation of Rights

Distinctive expressly reserves the right to:

  • Investigate suspected violations of law;
  • Monitor website activity;
  • Preserve records;
  • Restrict access to Services;
  • Suspend or terminate accounts;
  • Cooperate with law enforcement authorities;
  • Comply with court orders and subpoenas;
  • Respond to governmental inquiries;
  • Protect the rights, safety, property, and interests of Distinctive and others;
  • Modify privacy practices at any time;
  • Retain information necessary to protect legal rights and business interests.

Nothing contained in this Privacy Policy shall be construed as limiting Distinctive’s legal rights or remedies.

Article XIX: Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, DISTINCTIVE, ITS AFFILIATES, OWNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO:

  • THE COLLECTION OF PERSONAL INFORMATION;
  • THE USE OF PERSONAL INFORMATION;
  • THE DISCLOSURE OF PERSONAL INFORMATION;
  • THE RETENTION OF PERSONAL INFORMATION;
  • CYBERSECURITY INCIDENTS;
  • DATA BREACHES;
  • SYSTEM FAILURES;
  • NETWORK INTERRUPTIONS;
  • THIRD-PARTY ACTS OR OMISSIONS;
  • UNAUTHORIZED ACCESS;
  • LOSS OF DATA;
  • BUSINESS INTERRUPTION;
  • LOST PROFITS;
  • LOST BUSINESS OPPORTUNITIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISTINCTIVE’S TOTAL LIABILITY SHALL BE LIMITED AS PROVIDED IN THE APPLICABLE TERMS OF USE.

Article XX: Governing Law, Dispute Resolution, and Contact Information

ARTICLE XX – GOVERNING LAW, DISPUTE RESOLUTION, AND CONTACT INFORMATION

This Privacy Policy shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts-of-law principles.

Any dispute arising from or relating to this Privacy Policy shall be subject to the dispute resolution provisions, arbitration requirements, jury trial waivers, and class action waivers contained within Distinctive’s Terms of Use.

Privacy Requests and Inquiries

Distinctive Healthcare Family of Companies

Attn: General Counsel

Distinctive Support Center

1 West Main Street

Freehold, New Jersey 07728

Email: compliance@distinctive-liv.com

Website: www.distinctive-liv.com

Appeals

Where required by applicable law, individuals may appeal privacy-rights determinations by submitting a written request to the General Counsel at the address listed above.

CHANGES TO THIS PRIVACY POLICY

Distinctive reserves the right to amend, revise, supplement, modify, or replace this Privacy Policy at any time.

Any modifications shall become effective upon posting unless otherwise required by law.

Continued use of Distinctive’s Services following publication of an updated Privacy Policy constitutes acceptance of the revised Privacy Policy.

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