Website Privacy Policy

MorningStar Senior Management LLC (together with all affiliated entities and properties) (“We,” “Us” or simply “MorningStar”) is committed to protecting your privacy. This privacy policy addresses only the information collected by us from you as a result of your use or browsing of our website, MorningStarSeniorLiving.com (“Website”).

If you have a question about this Privacy Statement or our handling of your information, you can send an e-mail to privacy@mstarliving.com. You can also contact us at: 303.750.5522. If you no longer wish to receive emails, newsletters or other communications from MorningStar, please send an email to privacy@mstarliving.com.

We have designed this Website to help current or prospective residents make decisions regarding options for senior living and senior care.

PLEASE NOTE THAT THIS POLICY IS A BINDING AGREEMENT WHICH CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:

OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS
BINDING INDIVIDUAL ARBITRATION AND CLASS CLAIM WAIVERS FOR DATA SUBJECTS IN CERTAIN LOCATIONS THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY
INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, INDIANA, IOWA, KENTUCKY, MARYLAND, MINNESOTA MONTANA, NEBRASKA, NEW JERSEY, NEW HAMPSHIRE, OREGON, TENNESSEE, RHODE ISLAND, TEXAS, UTAH, VERMONT AND VIRGINIA
STANDARD CONSUMER RIGHTS AND REQUIREMENTS: INCLUDING BUT NOT LIMITED TO THE RIGHT TO ACCESS, DELETE, OPT-OUT, CORRECTION, COPIES, AND OTHER ITEMS

BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR SITES, OR PROVIDING INFORMATION TO US IN ANY MANNER COVERED BY THIS NOTICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS NOTICE AS IF YOU HAD SIGNED IT. DO NOT ACCESS OUR SITES OR SHARE INFORMATION WITH US IF YOU DO NOT AGREE TO BE BOUND BY THIS NOTICE.

What do we use your information for?

Any of the information we collect from you through our Website may be used in any of the following ways:

To personalize your experience: your information helps us to better respond to your individual needs.
To improve our Website: we continually strive to improve our Website based on the information and feedback we receive from you.
To improve customer service: your information helps us to more effectively respond to your customer service requests and support needs.
To enhance your web browsing experience and to provide you with the information you seek in an efficient manner.
To send periodic emails to the email address you provide through our Contact Us form. We will only use that email address to send you information that you request and to include you in regular MorningStar communications with our audiences.
To provide advertising and promotional materials to you across various platforms you utilize on the internet, including social media applications and websites.
To allow our third-party vendors to market MorningStar services to you directly.

Your information, whether public or private, will be used as set forth in this privacy policy. By accepting this privacy policy, visiting our Website and not opting out of our online connection, you consent to the uses of your information as set forth in this privacy policy.

This privacy policy does not apply to information we may collect from you offline or in person. For our residents and their families, please see our privacy policies received as part of your move-in documents. In addition, this privacy policy does not apply to information collected from you when you communicate with our third-party vendors, whether through email or by telephone or if you respond to any of our advertising materials, whether or not such response is electronic, online, through email or by telephone call.

What information do we collect?
When contacting or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address or phone number. This will be the only personal information that we would collect. You are not required to disclose any personal information to access our services. You may, however, visit our site anonymously and in such a case, the information we collect from your visit to our Website would not be personal, and would be limited to your computer’s IP address. To the extent you post information or upload information to our Website and make it available for general viewing, we will not be able to treat that information as confidential. You may access, change, or delete such information pursuant to the “Your Choices” section below. Please do not submit health information through our Website.

How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information. Our Website is secured by a SHA-2 and 2048-bit encryption SSL Certificate and is housed on a dedicated, fully managed server with advanced back-up, firewalls and advanced virus clean-up.

How do we collect information?
We collect certain information when you either apply online for employment or when you fill out the Contact Us form on our Website. In addition, we utilize certain technology tools (pixels and cookies) to collect additional information such as IP addresses. The collection of this information is primarily used to track Website usage and provide you with targeted marketing information.

We may collect IP addresses for system administration and internal tracking. When you visit our site, our Server logs the IP addresses. We may link IP addresses to personally identifiable information.

We may place a cookie or pixel on your computer. Cookies are pieces of information that a website transfers to an individual’s hard drive for record-keeping purposes. Pixels cause targeted advertising to be delivered to you through online activity and social media interactions. The information stored will make your usage easier and faster because it allows you to use the site without having to re-enter information on each visit. We also use cookies when you fill out the Contact Us form on our Website. This may or may not identify visitors when they return to the site. We do not use cookies to identify specific individuals.

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports.

Our Website and trusted third parties will utilize search engine optimization tools and techniques, such as Google Analytics, that will help us understand how you engage with our Website. These tools will use cookies to track visitor interactions. These cookies and data collected from them will help us compile reports and information to improve visitor usage and search engine rankings. Each tool, including using cookies, will have its own method for allowing you to opt out of its data collection efforts. Please contact us at the email below for more specific information about the search engine optimization tools that we utilize. In addition, we may use cookies to provide MorningStar display advertisements to websites that our visitors use across the internet. We may also utilize this information to direct advertising and marketing materials to you through search engines, social media websites and other means, including providing this information to our third-party vendors who market MorningStar for us. These campaigns may allow us to target users searching for senior living and senior care services and deliver targeted marketing and advertising to those users. To the extent you desire to opt out of these campaigns, please contact us at the email below and we will provide you with the necessary opt out contacts.

Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our rights or the rights of others. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Children’s Online Privacy Protection Act
Our Website, products and services are all directed to people who are at least 13 years old or older and as a result we do not attempt to collect date from children under 13 years old and in the event that were to occur we would make reasonable efforts to comply with the requirements of COPPA (Children’s Online Privacy Protection Act). With respect to minors between the ages of 13 and 16, we also do not attempt to collect data from minors in that age bracket, but to the extent we do, such information would be treated the same as for those minors under the age of 13.

California Do Not Track (DNT) Signals.

What is a DNT Signal?
Currently, various internet browsers offer a DNT option that relies on a technology known as a DNT header that sends a signal to websites visited by the browser user about the user’s DNT preferences. You can usually access your browser’s DNT option in your browser’s preferences.

How do we respond?
We do track our users over time and across third party websites to provide targeted advertising, however, our Website does not currently respond to Do Not Track (DNT) signals. Users must cease using our Website in order to opt out of our ability to track our users.

Your Consent
By using our site, you consent to our privacy policy.

Your Choices
You can request access to your personal information (if any) that we keep on record and we will provide you with access to such personal information. Personal information includes information used for business functionality, such as website performance, and information used for marketing purposes. We take reasonable steps to make sure that the personal information we collect is accurate, complete, up-to-date and not misleading, and you may request the correction or deletion of any personal information collected. You have a right to request that we disclose what personal information we have collected and use. There is no fee for requesting access to your personal information, but we may require you to verify your identity before granting you access to such information through such means as we deem appropriate. Please contact us at the email or phone number below to make requests regarding your personal information, or to designate an authorized agent to make such requests on your behalf.

Verification
Before providing you with the ability to delete or receive personal information, you may be required to provide verification of your identity. If we believe that there is fraudulent or malicious activity, we may require additional verification procedures to confirm the consumer request is authentic.

Our Right to Change Privacy Policy

The foregoing policy is effective as of December 20, 2023. We reserve the right to change this policy at any time by notifying visitors to our website of the existence and location of the new or revised privacy policy. Changes to the policy will be posted to this page, and if changes are significant, a summary of the changes will be posted at the beginning of the policy. By entering our website and by continuing to use our services, you are accepting all terms and conditions outlined in the above Privacy Policy.

If you have a question about this Privacy Statement or our handling of your information, you can send an e-mail to privacy@mstarliving.com. You can also contact us at: 303.750.5522. If you no longer wish to receive emails, newsletters or other communications from MorningStar, please send an email to privacy@mstarliving.com.

Specific State Privacy Rights. Depending on your location and other factors, specific state laws may apply. Note, however, that we make no representation or promise that such laws apply, it being acknowledged that this Privacy Statement alone does not grant you such rights even if you are a resident of a given state. Moreover, to the extent language elsewhere in this Privacy Statement and the language of each jurisdiction-specific section below conflict, the language in the jurisdiction-specific section shall control where applicable.

To the extent a given state’s laws do apply to you because: (i) you enjoy the benefit and protection of the laws and government of each of the respective states and jurisdictions listed below, as applicable; and (ii) all threshold requirements for applicability are met, without exceptions or exemptions dictating otherwise, the following shall apply:

California

This supplemental privacy notice applies to California residents is provided in order to comply with the California Consumer Privacy Act of 2018 (“CCPA”), the Consumer Privacy Rights Act of 2020 (“CPRA”), and other California privacy laws.

Consumer Rights Under the CCPA and CPRA. The CCPA and CPRA may establish several rights for you, the consumer.

You have the right to submit several requests regarding the personal information we have collected about you. You may make such a request for disclosure or deletion of personal information twice within any given 12-month period. We will provide responsive information for a period of 12 months preceding the date of your request. We will provide this information to you within a period of 45 days from the date of your request. If needed, we may require up to an additional 45 days to complete the request but will provide notice to you of the need for the additional time prior to the expiration of the initial 45-day period.

In order to respond to your request, we will need to obtain enough information from you to verify that yours is a valid and legitimate request. This provides further protection for your personal information.

Right to Request Disclosure of Sensitive and Personal Information. You may request that we disclose the categories of sensitive and personal information that we have collected about you, the specific pieces of sensitive and personal information that we have collected about you, or both.

Right to Correct Inaccurate Personal Information. In the event that any of the personal information we maintain about you is incorrect, you have the right to request that we correct it.

Right to Limit Use and Disclosure of Sensitive Personal Information. You may request that we limit the use and disclosure of your sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services, and other specific uses delineated in the CCPA and CPRA.

The CCPA and CPRA define “sensitive personal information” as personal information that reveals any of the following:

A consumer’s social security, driver’s license, state identification card, or passport number;
A consumer’s account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;
A consumer’s precise geolocation;
A consumer’s racial or ethnic origin, religious or philosophical beliefs, or union membership;
The contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication;
A consumer’s genetic data;
The processing of biometric information for the purpose of uniquely identifying a consumer;
Personal information collected and analyzed concerning a consumer’s health; and
Personal information collected and analyzed concerning a consumer’s sex life or sexual orientation.

Right to Opt-Out. You may request that we stop sharing your personal information for cross-context behavioral advertising. We do not share your information for this purpose, but are simply informing you of this right under the CCPA and CPRA.

Right to Request Deletion of Personal Information. You also have the right to submit a request that we delete the personal information we have collected about you. There are several exceptions to the consumer’s right to deletion; namely, we may retain your information despite your request for deletion if we require the information in order to do any of the following:

Complete the transaction for which the personal information was collected;
Provide a good or service requested by the consumer or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer;
Otherwise perform a contract between the business and the consumer;
Detect security incidents and protect against “malicious, deceptive, fraudulent, or illegal activity;”
Use for internal debugging purposes or to repair software errors;
Exercise free speech, ensure the right of another consumer to exercise free speech, or any other right provided by law;
Use the information to comply with the California Electronic Communications Privacy Act;
Engage in research in the public interest that follows all other privacy laws (with consumer consent);
Enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business;
Comply with a legal obligation; or
Otherwise use the information internally in a lawful manner that is compatible with the context in which the consumer provided the information.

How to Submit a Request. We offer consumers two distinct methods for submitting requests to exercise their rights under the CCPA and CPRA:

Write to privacy@mstarliving.com with subject line “CCPA and CPRequest”
Call us at 750.5522

Submitting a verifiable consumer request does not require that you have an active account with us, nor are you required to create an account. As previously noted, we will need to obtain enough information from you to verify your request in protection of your information before responding to your request. Information that we may need from you to verify your request may include the following:

Legal name;
Email address;
Phone number;
Date of birth;
Last four digits of your social security number; and
Billing address.

We may decline a consumer request if the time and resources that must be expended in order to respond to the request outweigh the reasonably foreseeable impact to the consumer from not responding, as provided by California law.

Requests by an Authorized Agent. A California resident may use an authorized agent to submit a right to know request or a request to delete. To use an authorized agent to submit such a request, the California resident must provide the agent with written authorization. In addition, the California resident may be required to verify their own identity with us or to authenticate the agent’s authorization. We may deny a request from an agent that does not submit proof, including written authorization from the resident, that the agent has been authorized by the California resident to act on their behalf. However, such requirements will not apply where a California resident has provided the authorized agent with power of attorney pursuant to California Probate Code Sections 4000 to 4465.

Right to Not be Discriminated Against for Exercising the Rights to Disclosure or Deletion. We will not discriminate against you for exercising your rights under the CCPA and CPRA. Unless otherwise permitted by the CCPA, the CPRA, or other California law, we will not deny you goods or services, charge you a different rate for goods or services, provide you a different quality of goods or services, or suggest that any aspect of your service will change if you exercise any of your rights enumerated here in this policy.

Categories of Information We Collected About Consumers in the Past 12 Months

Categories of Information

Source(s)

Purpose(s)

Retention Period and Reasoning

Personal identifiers: full name and sensitive personal information such as Social Security number and driver’s license number, medical information

Directly from the consumer or prospective consumer; indirectly by interacting with agents acting on behalf of the consumer or prospective consumer

To fulfill or meet the reason you provided the information. For example, if you provide your name and contact information on a voluntary submission form, we will use that personal information to respond to your inquiry; we use our residents’ medical information to provide them with appropriate care.

We retain data in our secure system for a reasonably necessary period to achieve our purpose for the collection, unless specifically requested otherwise by you or in compliance with applicable legal requirements.

Non-sensitive personal information: telephone number, mailing address, medical insurance information

Directly from the consumer, prospect, or agent acting on behalf of the consumer or prospect; indirectly from the consumer or prospect, e.g., through the use of cookies on the Site.

To provide you with text and email alerts and other notices concerning our products or services, or events or news that may be of interest to you.

To provide, support, personalize, and develop our Site and/or Services. We use our residents’ contact information to provide them with our services.

To target and analyze the demographic of users that visit our Site.

To analyze and enhance our marketing communications and strategies.

We retain data in our system for a reasonably necessary period to achieve our purpose for the collection, unless specifically requested otherwise by you or in compliance with applicable legal requirements.

Characteristics of protected classes under state or federal law

Directly from the consumer, prospect, or agent acting on behalf of the consumer or prospect.

To facilitate providing services to our consumers and prospective consumers.

Internet/network activity information (e.g. browsing history)

Indirectly through information disclosed by your device or browser, such as IP address.

To improve our Site, Services and products, through testing, research, analysis and development.

To analyze and enhance our marketing communications and strategies.

This data is stored securely in third-party locations in compliance with applicable legal requirements and is used solely for analytical and statistical purposes. We do not use this information to personally identify individuals.

Geolocation data (e.g. device location from usage of our devices)

Third-party web analytics services (such as those of Google Analytics)

To collect and analyze de-identified usage information through cookies and similar tools; engage in activities such as auditing, research, or reporting; and provide certain features to you.

This data is stored securely in third-party locations in compliance with applicable legal requirements.

Biometric information (e.g. from on-location COVID-19 temperature screening)

By taking our residents’ vital signs, conducting periodic COVID-19 screening, and taking monthly weights in Memory Care facilities.

To comply with residents’ family requests or doctor’s orders. We take monthly weights per Title 22 regulations.

Audio or visual information

Incoming calls and voice messages

SafelyYou (visual only)

We may record incoming phone calls and store voice messages through a third-party digital voice provider for quality assurance, training, communication, and security purposes.

Fall management and detection

This data is stored securely in third-party locations in compliance with applicable legal requirements.

Inferences drawn from any of the above categories to create a profile or summary about a consumer’s preferences and/or characteristics

Any of the above categories

To create profiles or summaries about a consumers preferences and/or characteristics to improve communications and the personalization of services.

Disclosure of Personal Information to Third Parties

The following chart lists the categories of information that we have collected about our consumers over the last 12 months that we have shared with third parties. We do not sell your personal information.

Categories of Information

Categories of Third Parties with Whom Information is Shared

Purpose(s) for Sharing the Information

Non-sensitive personal information:

Zip code, online identifier, internet protocol address, or other similar identifiers.

Marketing partners

To improve our website, services, and products, through testing, research, analysis, and development.

To analyze and enhance our marketing communications and strategies.

We Do Not Sell Your Personal Information.

We do not sell your personal information. However, in the event that we are considering a sale, partial or complete, asset transfer, partial or complete, or other financing matter, we would make any and all necessary disclosures to you before certain information we possess concerning you may be accessed, disclosed, and/or processed by third parties. Such third-party access would be governed by a written agreement that limits such access, disclosure, and processing in accordance with the CCPA, CPRA, and other applicable law.

Our Right to Change Privacy Policy

The foregoing policy is effective as of November 21, 2024. We reserve the right to change this policy at any time by notifying visitors to our website of the existence and location of the new or revised privacy policy. Changes to the policy will be posted to this page, and if changes are significant, a summary of the changes will be posted at the beginning of the policy. By entering our website and by continuing to use our services, you are accepting all terms and conditions outlined in the above Privacy Policy.

If you have a question about this Privacy Statement or our handling of your information, you can send an e-mail to privacy@mstarliving.com.

California and Delaware “Do Not Track” Disclosures

Privacy regulations in the United States, such as the laws of California and Delaware, requires us to indicate whether we honor your browser’s “Do Not Track” settings concerning targeted advertising. We adhere to the standards set out in this Privacy Statement and do not monitor or respond to Do Not Track browser requests.

Colorado

Under the Colorado Privacy Act (“CPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a copy of your personal data in a portable and technically feasible, readily usable format; and (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling.

Moreover, your affirmative opt-in consent is required for collection of sensitive data, which may or may not include collection of government identifiers, account and login information, precise geolocation data, personal data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, citizenship or citizenship status, genetic or biometric data, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information, and the personal data of a known child. To do any of the above, please contact privacy@mstarliving.com with the subject line “CPA Request,” or call us at 303.750.5522.

Connecticut

Under the Connecticut Data Privacy Act (“CTDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time. In addition, as a Connecticut resident: (i) you may also have personal data provided by you deleted; and (ii) we will not require identification for you to take any of the actions described above.

Delaware

Under the Delaware Personal Data Privacy Act (“DPDPA”), you may have a right to: (i) only have sensitive data processed pursuant to your express opt-in consent; (ii) have opt-out preference signals observed; and (iii) allows you the right to opt out of profiling in furtherance of solely automated decisions that produce legal or similarly significant effects. Moreover, you may (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time.

Indiana

Under Indiana’s Digital Personal Data Protection Act (“IDPDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time.

Iowa

This section of the Policy applies to Iowa residents. Under the Iowa Comprehensive Data Protection Act (“ICDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) delete your personal data; (iii) obtain a copy of your personal data in a portable and technically feasible, readily usable format; and (iv) to appeal our decision in failing to act on your request within a reasonable time. Note that we do make use of targeted advertising as described in this policy.

Moreover, you may opt-out of our collection of government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. You may also opt out of the sale of your personal data. To do any of the above, please contact privacy@mstarliving.com with the subject line “ICDPA Request,” or call us at 303.750.5522.

Kentucky

Under the Kentucky Consumer Data Protection Act (“Kentucky CDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; (vi) revoke previously given consent to process your personal data; and (vii) to appeal our decision in failing to act on your request within a reasonable time. Our then-current process for you to appeal denials of your request will be sent to you in shortly after we receive your request.

Maryland

Under the Maryland Online Data Privacy Act (“Maryland ODPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; (vi) revoke previously given consent to process your personal data; and (vii) to appeal our decision in failing to act on your request within a reasonable time. Our then-current process for you to appeal denials of your request will be sent to you in shortly after we receive your request.

Minnesota

Under the Minnesota consumer Data Privacy Act (“Minnesota CDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; (vi) revoke previously given consent to process your personal data; and (vii) to appeal our decision in failing to act on your request within a reasonable time. Our then-current process for you to appeal denials of your request will be sent to you in shortly after we receive your request.

Montana

Under the Montana Consumer Protection Data Privacy Act (“MTCDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a copy of your personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; in furtherance of solely automated decisions that produce legally similar significant effects concerning you; and (vi) to appeal our decision in failing to act on your request within a reasonable time.

Nebraska

Under the Nebraska Data Privacy Act (“NDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; in furtherance of solely automated decisions that produce legally similar significant effects concerning you; and (vi) to appeal our decision in failing to act on your request within a reasonable time.

New Hampshire

Under the New Hampshire Privacy Act (“NHPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; in furtherance of solely automated decisions that produce legally similar significant effects concerning you; and (vi) to appeal our decision in failing to act on your request within a reasonable time.

New Jersey

Under the New Jersey Data Privacy Law (“NJDPL”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a copy of your personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; (vi) revoke previously given consent to process your personal data; and (vii) to appeal our decision in failing to act on your request within a reasonable time.

Oregon

Under the Oregon Consumer Privacy Act (“OCPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a copy of your personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; (vi) revoke previously given consent to process your personal data; and (vii) to appeal our decision in failing to act on your request within a reasonable time.

Rhode Island

Under the Rhode Island Data Privacy Act (“Rhode Island DPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; (vi) revoke previously given consent to process your personal data; (vii) obtain a list of third parties to which we have disclosed your personal data; and (viii) to appeal our decision in failing to act on your request within a reasonable time. Our then-current process for you to appeal denials of your request will be sent to you in shortly after we receive your request.

Tennessee

Under the Tennessee Information Protection Act (“TIPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time.

Moreover, your affirmative opt-in consent is required for collection of sensitive data, which may or may not include collection of government identifiers, account and login information, precise geolocation data, personal data revealing racial or ethnic origin, religious beliefs, a mental or physical health condition or diagnosis, sex life or sexual orientation, citizenship or citizenship status, genetic or biometric data, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information, and the personal data of a known child. To do any of the above, please contact privacy@mstarliving.com, with the subject line “TIPA Request,” or call us at 303.750.5522.

Texas

Under the Texas Data Privacy and Security Act (“TDPSA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a copy of your personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time.

Utah

Under the Utah Consumer Privacy Act (“UCPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) delete your personal data that you provided to us as a controller; (iii) obtain a personal data that you provided to us as a controller in a portable and technically feasible, readily usable format; (iv) to opt out of processing your personal data for targeted advertising, or sale of your data; and (v) to appeal our decision in failing to act on your request within a reasonable time.

Moreover, please note that we may collect sensitive personal information, which may include government identifiers, account and login information, precise geolocation data, racial or ethnic origin, religious or philosophical beliefs, union membership, contents of mail, email, and text messages, generic data, sexual orientation, and health or biometric information. You may opt-out of our collection of the same. You also may opt-in to have children under the age of 13’s data collected, which will require verifiable parental consent. To do any of the above, please contact privacy@mstarliving.com with the subject line “UCPA Request,” or call us at 303.750.5522.

Vermont

Under the Vermont Data Privacy Act (“VDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; (vi) revoke previously given consent to process your personal data; (vii) obtain a list of third parties to which we have disclosed your personal data; and (viii) to appeal our decision in failing to act on your request within a reasonable time. Our then-current process for you to appeal denials of your request will be sent to you in shortly after we receive your request.

Virginia

Under the Virginia Data Protection Act (“VCDPA”), you may have a right to: (i) confirm whether a controller is processing your personal data and to allow access to your personal data; (ii) correct inaccuracies in your personal data; (iii) delete your personal data; (iv) obtain a personal data in a portable and technically feasible, readily usable format; (v) to opt out of processing your personal data for targeted advertising, sale of your data or profiling; and (vi) to appeal our decision in failing to act on your request within a reasonable time.

Additional Terms of Use, Notices, Revisions, Limitation on Liability, Waivers and Arbitration

If you choose to use our sites or platforms of any kind, any dispute over privacy related claims or any aspect of this Privacy Policy is subject to the limitations on damages, resolution of disputes, and application of the law of the state of Colorado. Except where prohibited, by using our sites or platforms, you agree that, to the fullest extent permitted by law: (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Privacy Policy shall be resolved exclusively by means of arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, in Denver, Colorado, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals; (2) OUR LIABILITY ARISING IN CONNECTION WITH THIS PRIVACY POLICY OR ANY DATA MATTERS, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $100.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WE SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THIS PRIVACY POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Claims shall be heard by a single arbitrator. The place of arbitration shall be Denver, Colorado. The arbitration shall be governed by the laws of the State of Colorado without giving effect to any choice of law or conflict of law rules of the State of Colorado or of any other jurisdiction. Depositions shall be limited to a maximum of three per party and shall be held within twenty days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrators, and for good cause shown. Each deposition shall be limited to a maximum of seven hours duration. Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within ninety (90) days of filing and awards rendered within one hundred twenty (120) days. The Arbitrator shall agree to these limits prior to accepting appointment. The arbitrator will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The prevailing party shall not be entitled to an award of attorneys’ fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witness. In such event, the other party shall be required to present evidence and legal argument as the arbitrator may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.

General Data Protection Regulation (GDPR)
MorningStar’s legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data, as defined in the GDPR, we collect and the specific context in which we collect it.

MorningStar may process your Personal Data because:

We need to perform a contract with you
You have given us permission to do so
The processing is in our legitimate interests and it is not overridden by your rights
For payment processing purposes
To comply with the law

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. MorningStar aims to take reasonable steps to allow you to correct, amend, delete or limit the use of your Personal Data, even if you are not a resident of the EEA. For the purposes of the GDPR, “Data Controller” means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data. “Data Processor” (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

If you wish to be informed about what Personal Data we hold about you and if you want it to be removed from our systems, please contact us at the contact information below.

Under Chapter 3 of the GDPR, you have certain rights, including:

1. The right to be informed: This means anyone processing your personal data must make clear what they are processing, why they are processing it, and who else the data may be passed to.

2. The right of access: This is your right to see what data is held about you by a Data Controller.

3. The right to rectification: The right to have your data corrected or amended if what is held is incorrect in some way.

4. The right to erasure: Under certain circumstances you can ask for your personal data to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.

5. The right to restrict processing: This gives you the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.

6. The right to data portability: You have the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.

7. The right to object: You have the right to object to further processing of your data which is inconsistent with the primary purpose for which it was collected, including profiling, automation and direct marketing.

8. Rights in relation to automated decision making and profiling: You have the right not to be subject to a decision based solely on automated processing.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the EEA, if applicable.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will post those changes on this page. This policy was last modified on November 27, 2024.

Telephone numbers will not be shared.

SMS Policy

SMS Terms and Conditions

Recipients (sometimes “recipient,” “you” or “your”) of SMS messages opt in to receive them in this way, and may opt out of such communication as described below:
- If you volunteer your mobile phone number by engaging with our Virtual Sales Assistant (VSA) or Conversational Web forms on our website, our local marketing directors may reach out in hopes of answering your questions and meeting your expressed needs. Whereupon, individualized and 1:1 SMS messages may be sent to your phone number. These types of SMS messages are not campaign driven or automated. To no longer receive such messages, please communicate that desire to the local marketing director you are in contact with. You may also call our support line at 303-750-5522 if you wish to be removed and/or email us at privacy@mstarliving.com or llee@mstarliving.com (individual or collectively referred to as the “Program”).
We will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your mobile service operator. SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND WE MAKE NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
Data obtained from you in connection with this SMS service may include your cell phone number, your carrier’s name, and the date, time and content of your messages, as well as other information that you provide. We may use this information to contact you and to provide the services you request from us.
To terminate SMS messaging you may call our support line at 303-750-5522 if you wish to be removed and/or email us at privacy@mstarliving.com or llee@mstarliving.com. Even after you opt out of receiving SMS messages you may receive one final message confirming your decision to unsubscribe and/or opt out. Opting out or unsubscribing from one form of communication does not mean you have opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing texts. Even if you opt out of general marketing messages, we may still send you other non-marketing messages. Similarly, opting out or unsubscribing will not alone stop us from using your phone number for other permissible reasons or responding to additional follow up messages from you, which will serve as an opt-in to receive the follow up communication.
United States Participating Carriers Include AT&T, T-Mobile®, Verizon Wireless, Sprint, Boost, U.S. Cellular®, MetroPCS®, InterOp, Cellcom, C Spire Wireless, Cricket, Virgin Mobile and others. Such carriers are not liable for delayed or undelivered messages.
Text messages may not be delivered to you due to factors beyond our control, such as transmission range, your carrier’s policies, availability of service, device malfunction, or your phone plan/status with your carrier. Even if all of these factors are satisfactory there may be other reasons why SMS messages are not delivered, and we are not responsible for the same.
We are not responsible for SMS messages you receive from third parties or affiliates, even if your exposure to such entities is through us.
Our SMS offers and communications may only be accessible on smartphone devices or devices with other specific features.
Use Disclosure: We may use information learned as the result of your participation in the Program to: (i) communicate with you, such as for reminders, invites, notices (including those relating to general community matters, services offered, or otherwise), as well as promotional and other messaging.

When you opt in or otherwise receive SMS or text messages of any kind, you understand and agree that our Privacy Policy shown above, any general website or other terms of use or service, and additional policies posted by us or which you may otherwise be a party to apply (“Additional Terms”). All Additional Terms are incorporated by reference into this SMS Policy as if set forth fully herein.