Washington Consumer Health Data Privacy Notice

Last Updated Date: December 26, 2024

Our Privacy Policy describes how we handle personal information generally. This supplemental Washington Consumer Health Data Privacy Notice (“CHD Notice”) explains the data practices of Essex Property Trust, Inc (“Essex,” “we,” “us,” or “our”) as to personal data that qualifies as “Consumer Health Data,” as such term is defined under Washington’s My Health My Data Act (“MHMD Act”), which includes personal information that is linked or reasonably linkable to you and that identifies your past, present, or future physical or mental health status.

This CHD Notice applies to consumers (i) who are Washington residents and/or (ii) whose Consumer Health Data is collected in Washington (collectively referred to as “you” and “your” throughout).

In the event of a conflict with any other privacy policy or notice, other than express notice given at the time of collection, this CHD Notice shall govern with respect to Consumer Health Data.

What Categories of Consumer Health Data Do We Collect?

The categories of Consumer Health Data that we collect may include the following categories:

Individual health conditions, treatment, diseases, or diagnosis
Social, psychological, behavioral, and medical interventions
Health-related surgeries or procedures
Use or purchase of prescribed medication
Bodily functions, vital signs, or symptoms, or measurements indicating Consumer Health Data
Diagnoses or diagnostic testing, treatment, or medication
Data that identifies a consumer seeking health care services
Biometric Data (but only in limited circumstances such as identity verification for applicants)
Gender-affirming care information and reproductive health information (but only in limited circumstances where such care may be part of records otherwise relevant to a personal injury claim)
Consumer Health Data that we or our processors infer, derive, or extrapolate based on other Consumer Health Data, or on personal information generally

Why Do We Collect Consumer Health Data?

We may collect Consumer Health Data from you when you seek a reasonable disability-related or other accommodations or modification request from Essex, in which case you may provide us with information concerning your health overall or your disability and its impact on your daily life. The purpose of this collection is to engage in the interactive process to identify a path forward to accommodate your disability. We may also collect Consumer Health Data if you make a complaint to or about us that may allege personal injury, an incident report involving personal injury, or if you are involved in an accident or incident at one of our physical locations. For example:

If you are present during an incident or accident that occurs at one of our physical locations (such as a safety or security incident), we may collect information about you, including Consumer Health Data, in relation to the incident or accident. This includes your physical characteristics that we observe through review of security footage, if available, to investigate the incident, some of which may classify as Consumer Health Data.
We may collect your Consumer Health Data relating to personal injury claims in connection with incidents occurring at one of our physical locations. This could include all the categories of Consumer Health Data in the list above.
You may provide your Consumer Health Data in connection with disability- and accessibility-related accommodations requests, including information regarding your health conditions, treatment, diseases, or diagnosis.
For other requests, or claims or complaints, we may collect some or all of the categories of Consumer Health Data from the list above that you provide to us, or that we receive from third parties (e.g., your attorney, provider, etc.), and that are necessary for us to collect in addressing yourrequest, claim or complaint.
To prevent, detect, protect against, or respond to security incidents, identity theft, fraud, harassment, malicious or deceptive activities, or any activity that is illegal under applicable state law or federal law; preserve the integrity or security of systems; or investigate, report, orprosecute those responsible for any such action that is illegal underapplicable state law or federal law.

Who Do We Collect Your Consumer Health Data From?

We collect your Consumer Health Data from you, your agents, your representatives (for example, physicians or other health care providers who refer you), governmental entities (for example, if you have filed a lawsuit against us, we may obtain information from official filings), and other third parties that may have your Consumer Health Data in relation to the processing purposes described herein.

How Do We Share Your Consumer Health Data?

We share Consumer Health Data with third parties in limited circumstances, as follows:

Vendors that are classified as “processors” under the MHMD Act which process Consumer Health Data to assist with the purposes described in this CHD Notice.
Our other agents and contractors who assist us with the processing purposes described in this CHD Notice, such as legal representatives who assist us with complaints involving Consumer Health Data.
If your request or complaint relates to or implicates one of our affiliated or related entities, we may share your Consumer Health Data with such affiliates or related entities.
Assignees or potential assignees as part of an acquisition, merger, asset sale, or other transaction where another party assumes control over all or part of our business.
Other parties with your consent.

The categories of Consumer Health Data that we share may include the following categories:

Individual health conditions, treatment, diseases, or diagnosis
Social, psychological, behavioral, and medical interventions
Health-related surgeries or procedures
Use or purchase of prescribed medication
Bodily functions, vital signs, or symptoms, or measurements indicating Consumer Health Data
Diagnoses or diagnostic testing, treatment, or medication
Data that identifies a consumer seeking health care services
Consumer Health Data that we or our processors infer, derive, or extrapolate based on other Consumer Health Data, or on personal information generally

What Rights Do You Have Concerning Your Health Data?

Subject to applicable law, consumers that are provided rights under the MHMD Act may have the following rights related to their Consumer Health Data:

Right to confirm processing of Consumer Health Data and access to such data
Right to delete
Right to withdraw consent (from processing which requires your consent)
Right to appeal our refusal to act on a request within a reasonable time after you receive our decision. You may appeal our decision regarding your request by following the instructions in our response to your request. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at http://www.atg.wa.gov/file-complaint

We may limit your request as necessary for us to complete requested services or as otherwise permitted by law.

You may request to exercise your Consumer Health Data rights via our portal here. Please note, as required by the MHMD Act, we take commercially reasonable efforts to authenticate your request before we process your request. If we believe we need further information to authenticate your request, we may ask you to provide additional information to us.

We will respond to your Consumer Health Data rights requests pursuant to the requirements of the MHMD Act free of charge, up to twice annually. If requests are manifestly unfounded, excessive, or repetitive, we may charge a reasonable fee to cover the administrative costs of complying with the request or decline to act on the request.

Changes to this Consumer Health Data Privacy Notice

If we change this CHD Notice, we will post the revised version here and change the last updated date (the date it applies from) and/or contact you directly, as appropriate and required under applicable law. You should check here regularly for the most up-to-date version of the CHD Notice. If you have any questions about this CHD Notice or practices described in it, you should contact us via privacy@essex.com.