This Policy is an extension of Developer’s commitment to combine quality products and services with integrity, when you provide Personal Information (as defined below) to us through use of or the submission of information to this Site. This Policy does not apply to information we have obtained or may obtain offline or through other traditional means and only applies to that information, including Personal Information (as defined below), provided in connection with your use and navigation of this Site or through the submission of such information at the Community.
Personal Information and How We Collect It
When you visit and interact with this Site, we receive and collect certain information, including but not limited to. Some information that identifies you as an individual (“Personal Information”). Personal Information collected may include your name, Internet Protocol (“IP”) address, street mailing address, e-mail address, telephone number and other information, including information about your personal or business demographics, and your home purchasing preferences or interests. In addition, we may ask you to enter an ID, password or similar data when you access this Site, so we can verify your right to access portions of this Site. Personal Information is gathered when you participate in the Community’s activities, focus groups, interviews, sweepstakes, and other promotions (which are subject to their own official rules). We also collect Personal Information about you to the extent that you provide it to us online (including, but not limited to, filling out forms on this Site or by submitting such information in an e-mail message) and offline (including by way of illustration, filling out a comment card or by registering for information concerning amenities at the Community). In no event do we require that you submit any personally identifiable information and it is inherent in this Policy that you provide your Personal Information to us voluntarily through any means we collect it, including by use of this Site.
If you voluntarily provide, or have provided, information to us in other contexts, such as while visiting the Community, or to one of our marketing or technology vendors, such as by scheduling a showing or responding to a survey, we may obtain and associate that information with the information you provide to us through this Site. We may also obtain Personal Information about you provided to us by your friends, associates, co-workers, or anyone endeavoring to provide your information through this Site which may or may not include your name and e-mail address. This Site allows visitors to send information about the Community to others via e-mail. If you choose to tell a friend about the Community, we will ask you for your friend's name and e-mail address. We may elect not to send the e-mail in certain circumstances in our discretion (e.g., if the e-mail contains inappropriate or inaccurate information or content). We store your friends' Personal Information for the purposes of sending these e-mails, tracking statistics regarding our referral program and promoting the Community. Your friend may contact us, in writing, at: email@example.com, or at the mailing address below, to request that we remove their Personal Information from our database.
We are committed to complying fully with the Children's Online Privacy Protection Act. Accordingly, the contents of this Site are not intended to be directed to or collect information from minors and is intended only for credit-worthy adults who are of the age of majority and are interested in purchasing real estate in the Community. By accessing and using the features available on this Site you represent and warrant to us that you are eighteen (18) years of age or older.
How We Use the Personal Information Collected
Our goals in collecting Personal Information from you include: (i) providing you with information about the Community such as: available product lines, phase releases, pricing, amenities, upgrades and enhancements, community events and other information we deem you may find of interest; (ii) supporting business purposes, and community planning endeavors, that we believe are reasonable and consistent with fair business practices, including where necessary for us to protect or enforce our legal rights, or when we believe that the law requires it; and (iii) notifying you if you are a winner of a promotional program, or to provide any information regarding any promotion or incentive program, that you have participated in or shown interest in. Additionally, we also use your Personal Information to determine other information that may be delivered to you that may be targeted to your interests, preferences, or business demographics as well as determining what periodic marketing, promotional and other notices to provide to you. You may, at any time, choose to not receive communications from us by "opting out" or “unsubscribing” from specific mailing lists and services by sending a written request to our Marketing Department by e-mail at: firstname.lastname@example.org, or at the mailing address listed below.
“Do Not Track” Signals
How We Share Personal Information
Information we collect, including any Personal Information, may be utilized by us in any manner we deem reasonable and consistent with fair business practices, including but not limited to, the promotion of our own or others’ goods and services and as necessary to operate features on this Site. We may disclose your Personal Information to Builders, our affiliates and assigns, to consultants and to third parties with whom we have a business relationship. We may also disclose your Personal Information to third parties as we deem necessary or desirable to provide products and services that you have requested. Your Personal Information may also be disclosed to third parties, including advertisers and investors, on an aggregate basis and in a manner that does not reveal the personal identity of you or your business. For real estate professionals who are participants in our incentive programs, we may disclose your Personal Information to a shipper, if applicable, so that any incentives, premiums, rewards, or prizes that you have earned may be delivered to your home or business. We may also disclose your Personal Information as we believe is reasonably necessary to comply with law, regulation or other governmental authority. Finally, we may disclose your Personal Information upon a transfer or sale to another entity of all or a portion of our stock or assets to which this Policy relates, or upon any other corporate reorganization.
Retention and Protection of Personal Information
Generally, we retain the Personal Information that we collect electronically on our server(s) or in our archives for as long as we reasonably need it. We may alter this practice according to legal and business requirements. For example, we may shorten the retention period for certain Personal Information if needed to free up storage space, and we may lengthen the retention period for other Personal Information if needed to comply with privacy standards or applicable law.
We establish and maintain certain practices to help protect the confidentiality, security and integrity of electronic Personal Information stored on our systems. Notwithstanding the foregoing, no computer system is completely secure, and while the measures we implement are intended to reduce the likelihood of security problems, there is no warranty or guarantee that our standard security measures will prevent access to your Personal Information. While we endeavor to maintain appropriate physical and electronic procedures and safeguards to protect information collected from this Site, we cannot and do not guarantee the confidentiality of any information that you disclose online and transmit to us, and you understand that you do so at your own risk. It is not our intention to collect any credit card, financial or similar information on any visitors to this Site, nor will we ask for social security numbers, taxpayer identification numbers or any similar such information. If you are ever asked to provide such information, it will not be from Developer and you are cautioned that such information should not be provided online under any circumstances other than using credit cards to purchase goods from secure websites which also can be subject to compromise.
How to modify your Personal Information
You may modify or update your Personal Information by sending an e-mail to our Customer Service Department at: email@example.com. Data management requests are administered in an orderly manner to the extent feasible and within our direct control and response times will vary depending on our workload and the number of requests.
Access and Use of Site Provided “As Is”
USE OF THIS SITE IS PROVIDED “AS IS” AND WITH “ALL FAULTS”, FOR INFORMATIONAL PURPOSES AND AS AN ACCOMMODATION AND COURTESY ONLY, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL DEVELOPER BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THIS SITE, FOR ANY SUSPENSION OR TERMINATION OF THE OPERATION OF THIS SITE OR YOUR ABILITY TO ACCESS AND USE THIS SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THIS SITE BY YOU IS AT YOUR SOLE RISK, RESPONSIBILITY, EXPENSE, AND LIABILITY.
Revisions to this Policy
Developer reserves the right to revise this Policy at any time without notice by updating this posting on this Site. You agree that your continued use of this Site after such modifications have been made constitutes your acceptance of such revised Policy.
Compliance with Federal and State Privacy Rights
We are committed to upholding our obligations under applicable federal and state law to protect your online privacy rights. As such, this Policy and all of the collection, storage, disposal, handling of unauthorized access to, and destruction of Personal Information and the marketing materials that may result from the use of that Personal Information shall comply with the requirements of federal law, including, the CAN-SPAM Act of 2003 and similar such state laws. These laws change frequently and we will adjust our practices accordingly.
Your California Privacy Rights
California Civil Code Section 1798.83 permits users of this Site that are California residents to request certain information, free of charge, regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us, in writing, via e-mail at: firstname.lastname@example.org, or to the mailing address below. Please allow us a reasonable period of time in order to satisfy your request.
Additional Disclosures to Residents of the European Economic Area
If you reside in the European Economic Area (“EEA”) (comprised of the European Union and the European Free Trade Association) Developer generally acts as the data controller of information you submit through this Site. Each member state of the EEA has established one or more independent public authorities responsible for monitoring the application of the General Data Protection Regulation (each a “Supervisory Authority”), in order to protect the fundamental rights and freedoms of natural persons in relation to data processing and to facilitate the free flow of personal data within the EEA. If you are residing within the EEA and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. Notwithstanding the foregoing, Developer would appreciate the opportunity to address any concerns you may have prior to the submission of any complaint to your local Supervisory Authority. If you are situated in the EEA and have a complaint, please contact us at: email@example.com, or by writing us at the mailing address listed below.
Legal Basis for Processing Your Personal Data
The following are the types of legal basis that Developer will rely upon to process your personal data:
• Legitimate Interest-Means the interest of our business in conducting and managing our business to enable us to provide you with the best service and secure experience. As a matter of course, we consider and balance any potential impact on you and your rights before processing your personal data for our legitimate interests. Developer does not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).
• Performance of Contract-Means processing your data where it is necessary for the performance of a contract to which you are a party to take steps at your request before entering such a contract.
• Comply with Legal Obligations-Means processing your personal data where it is necessary for compliance with a legal or regulatory obligation.
Change of Purpose
Developer will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at firstname.lastname@example.org, or by writing us at the mailing address listed below. If Developer needs to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
EEA Resident Rights
You have the right to request access to your personal data, and to request the correction, removal or deletion of personal data we hold about you. In addition, you may object to processing of your personal information, ask us to restrict the processing of your personal information or request portability of your personal information. You have the right to "opt-out" of marketing communications we send you by clicking on the "unsubscribe" or "opt-out" links in the e-mails we send you. Furthermore, if we have collected and processed your personal information with your consent, then you may withdraw your consent at any time. Note, however, that withdrawing your consent shall not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information in reliance on lawful processing grounds other than consent.
Developer responds to all requests within a reasonable time from individuals desiring to exercise their data protection rights in accordance with applicable data protection laws. Nevertheless, we reserve the right to archive information we deem necessary to comply with our legal obligations, resolve disputes and enforce our contracts. You will not have to pay a fee to access your personal data (or to otherwise exercise any of the aforementioned rights). However, Developer may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request under these circumstances. As a security measure, we may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data or any of the aforementioned rights.
The exclusive jurisdiction and venue for any claims arising out of or related to this Policy or your use of this Site will lie in the state or federal courts located in Collin and Denton Counties, Texas, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Developer to enforce any right or provision in this Policy will not constitute a waiver of such right or provision unless acknowledged and agreed to by Developer in writing. In the event that a court of competent jurisdiction finds any provision of this Policy to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.
If you have questions regarding this Policy, Site or would like to be removed from our database, please send an e-mail to: email@example.com, or contact us by mail at:
4790 Eastgate Mall, Suite 150
San Diego, CA 92121
COPYRIGHT © NASH Eland, LLC. 2019 All rights reserved.