PRIVACY POLICY

 September 28, 2016

YOU ARE HEREBY ADVISED THAT THE CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THE TERMS OF THIS PRIVACY POLICY.

 

NASH FM 529, LLC (also referred to hereinafter as “Developer,” “our,” or “we”) respects and values your privacy. This Privacy Policy (the “Policy”) describes and applies to the information we collect from you when you visit the Elyson website (“Site”). This Policy shall only apply to information collected and/or shared by Developer in accordance with this Policy.  Please note that Elyson social media pages may involve other entities which may have their own separate privacy policies which complement this Policy.

 

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 our Site. This Policy does not apply to information we have obtained or may obtain offline or through other traditional means and only applies to any information, including personal information, provided in connection with your use and navigation of our Site or through the submission of such information at Elyson.

 

 Personal Information and How We Collect It

 

When you visit and interact with the Site, we receive and collect certain information. Additionally, some information that identifies you as an individual ("Personal Information") is gathered when you register with our Site, participate in community activities, focus groups, interviews, sweepstakes, and other promotions (which may or may not be included in one of our incentive programs that contain and 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 a Site or by submitting such information in an e-mail message) and offline (including by way of illustration, filling out a comment card at one of our communities or by registering for information concerning community amenities). 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 voluntarily through any means we collect it, including by use of a Site.

Personal Information requested may include your name, your street mailing address, your e-mail address, your 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 certain portions of the Site. If you voluntarily provide, or have provided, information to us in other contexts, such as while visiting Elyson, 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 a 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 our Site which may or may not include your name and email address. This Site allows visitors to send information about Elyson to others via email. If you choose to tell a friend about Elyson, we will ask you for your friend's name and email address. We endeavor to send to your friend such emails. We may elect not to send the email in certain circumstances in our discretion (e.g., if the email contains inappropriate or inaccurate information or content). We store your friends' Personal Information for the purposes of sending these emails, tracking statistics regarding our referral program and promoting Elyson. Your friend may contact us at Elyson@NewlandCommunities.com to request that we remove your friend's 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 children under the age of 13 and is actually intended only for credit-worthy adults who are of the age of majority and are interested in purchasing real estate in our communities.

 

How do we use the Personal Information we collect

 

Our goals in collecting Personal Information from you include: (i) providing you with information about Elyson such as: 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 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" of specific mailing lists and services by sending an email requesting removal to our Customer Service Department at: Elyson@NewlandCommunities.com, or by writing us at the mailing address listed below.

 

Information, such as the date and time of your visit, is automatically collected through the use of “cookies” and similar technologies when you visit this Site. If during your visit to this Site you send us an email, your email and the content of your message to us will be collected. You are well advised that email can be an unsecure method of transmitting information and you should not include any private information in any email that you want to remain secure. As Cookies are small text files that are placed in your internet browser by a web server. Cookies can be read by the web server in the domain that placed them and serve to distinguish between internet browsers. The use of cookies is a standard practice among websites for authentication and to collect or track information about your activities while using the website. Most internet browsers automatically accept cookies. However, it is also possible to modify your browser settings to block cookies.  You may also delete cookies through a setting on most modern web browsers. Our services are provided in such a way that the use of cookies is not mandatory.

 

Developer uses Google Analytics to analyze this Site. Google Analytics plants a permanent cookie on your computer that identifies you as a unique user of this Site. We use the information obtained from Google Analytics to improve our Sites and understand how our visitors use a Site and identifying system performance or problem areas. Google Analytics collects your computer or mobile device’s Internet Protocol (IP) address. You may prevent Google Analytics from recognizing you on return visits to this Site by disabling cookies on your browser. Google’s Ability to use and share information collected by Google Analytics about your visits to a Site is governed by the Google Analytics Terms of Use and the Google Privacy Policy. If you do not want your visit data reported by Google Analytics you may install the Google Analytics opt-out browser add-on. Please see the Google Analytics Op-out Browser Add-on page at https://tools.google.com/dlpage/gaoptout for additional information.

 

“Do Not Track” Signals

 At times, we may use third-party vendors to serve online advertisements. These vendors may use information about your visits to this Site in order to provide advertisements to you about goods and services of interest to you. In doing so, we, or these third-party vendors, may use cookies or other technologies to track and collect data about you, including demographic information and your internet browsing habits. We use this information for our own marketing purposes, including but not limited to, creating online advertisements tailored to you. All third-party vendors have their own tracking technologies and policies for handling Do Not Track signals and methods for opting out of the collection of Personal Information.  We do not control these third-parties’ tracking technologies or how they may be used. Such policies should be reviewed to the extent you receive any unwanted advertisements.

 

 

How We Share Personal Information

 

The limited information collected by Developer, 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. We may disclose your Personal Information to homebuilders that build homes within Elyson, our affiliates (i.e., companies that we own, we are owned by, or we are under common ownership with), to consultants and to other 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 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, as defined below, we may disclose your Personal Information to a third party shipper, if applicable, so that any incentives or rewards that you have earned pursuant to the Incentive Program can be shipped and 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 the Sites, we cannot 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 our 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 Newland 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 sites 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: Elyson@NewlandCommunities.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”

 

We operate this Site (including, without limitation, its registration system) and provide our services in good faith, but on an AS-IS, AS-AVAILABLE basis. ANY WARRANTIES OF ACCURACY, QUALITY, TITLE, FITNESS, MERCHANTABILITY OR NON-INFRINGEMENT ARE DISCLAIMED. WE ARE NOT LIABLE FOR DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR EVENTS BEYOND OUR DIRECT CONTROL. This Policy is governed by Texas law, excluding conflicts of law principles and jurisdiction and venue shall be in Fort Bend County, Texas.  Any provision of this Policy that is illegal or unenforceable shall be deemed automatically conformed to the minimum requirements of law. Any legal actions against us arising out of this Policy must be commenced in Fort Bend County, Texas within one year after the claim arose, or will automatically be barred.

 

Consent and Revisions

 

By using or accessing our services or this Site, by participating in the activities or programs outlined above, or similar activities or programs, or by providing Personal Information, you agree to this Policy. This document supersedes any prior communication on this topic and reflects the entire and exclusive Policy. We reserve the right to revise this Policy from time to time, without notice, and will post any revisions on this Site. Such revisions will thereafter be applicable to you unless you utilize the opt-out provisions available and described herein.  Additionally, if you provide an e-mail address as part of your registration, we may, but shall be under no obligation to, send an e-mail to such address to inform you of changes to this Policy. Upon publication, the updated Policy will be deemed to replace the prior version of this Policy. We encourage you to review our Site regularly for changes. If at any time, you do not agree with the terms in the updated Policy or if you want to be removed from our database, please let us know using the contact information provided herein and we will remove your name and other Personal Information from the database.

 

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 storage 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 Federal and State Laws.  These laws change frequently and we will comply as changes occur. The collection, storage, disposal and destruction of Personal Information, if and when collected, shall comply with the requirements of the Colorado Consumer Protection Act, Georgia Code §10-15-2, Nevada Revised Statutes §603A.200, North Carolina Identity Protection Act, Texas Identity Theft Enforcement and Protection Act, Revised Code of Washington §19.215.020, and any other applicable law that may apply to us in California or where Elyson is located. Similarly, our internal guidelines for handling the unauthorized access of any Florida, Maryland, Minnesota, Nevada, North Carolina, Texas or Washington resident’s Personal Information is subject to the Florida Information Protection Act, Maryland Personal Information Protection Act, Minnesota Statutes § 325E.61, Nevada Revised Statutes § 603A.220, North Carolina Identity Protection Act, Texas Identity Theft Enforcement and Protection Act, Revised Code of Washington § 19.255.010, Code of Virginia §18.2-186.6  and the disclosure and procedural requirements contained therein or in any other applicable law.

 

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of the Site that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us as outlined below in the Questions and Contacts section. Please allow us a reasonable period of time in order to satisfy your request.

 

 

Questions and Contacts

 

If you have questions regarding this Policy or would like to be removed from our database, please send an e-mail to: Elyson@NewlandCommunities.com or contact us by mail at:

 

Marketing Department

Elyson

4790 Eastgate Mall, Suite 150

San Diego, California 92121

858-455-7503