CALIFORNIA PRIVACY NOTICE
Effective Date: January 1, 2020
This California Privacy Notice (“Notice”) applies to “Consumers” as defined by the California Consumer Privacy Act (“CCPA”) as a supplement to the other privacy policies or notes of The New Home Company Inc., its subsidiaries, affiliates, and unconsolidated joint venture entities for which The New Home Company Inc. or one of its subsidiaries acts as managing member, manager, general partner, administrative member or other similar role (collectively, “Company” “New Home” “us” “we” our”). In the event of a conflict between any other Company policy, statement or notice and this Notice, this Notice will prevail as to California Consumers and their rights under the CCPA. Please see also any privacy policy or notice of general applicability posted or referenced on our websites, apps, products, or services including, without limitation, https://www.nwhm.com, ir.nwhm.com, livebedford.com, livecannerydavis.com, liverussellranch.com, mckinleyvillage.com or as otherwise relate to our products or services (e.g., selling homes).
This Notice covers the collection, use, disclosure, and sale of California Consumers’ “Personal Information” (“PI”) as defined by the CCPA, except to the extent such PI is exempt from the notice obligations of the CCPA. This Notice also covers rights California Consumers have under the CCPA, as well as certain other notices to Californians required by other laws. The description of our data practices in this Notice, as required by the CCPA, covers only calendar year 2019 and will be updated annually. Our practices in calendar year 2020 may change, however, if materially different such that we think a Consumer would reasonably expect notice we will provide notice in connection with the applicable collection, which may include reference to other applicable privacy policies and notices.
Consistent with the CCPA, job applicants, current and former employees and independent contractors (“Personnel”), and subjects of certain business-to-business communications acting solely in their capacity as representatives of another business, are not considered “Consumers” for purposes of this California Privacy Notice or the rights described herein. However, our Personnel may obtain a separate privacy notice that is applicable to them by contacting our Human Resources department here. Publicly available information is also not treated as PI under the CCPA, so this notice is not intended to apply to that data and your Consumer privacy rights do not apply to that data.
To aid in readability, in some places we have abbreviated or summarized CCPA terms or language, but a full copy of the CCPA is available here at Title 1.81.5 of the California Civil Code, Sections 1798.100 - .199 for your review, and in some places in this Notice we cite and/or link to specific CCPA sections for your reference. Terms defined in the CCPA that are used in this Notice shall have the same meaning as in the CCPA.
You can click on the following orange links to navigate to the different sections in this Notice.
PI WE COLLECT
We collect, retain, use and disclose PI about California Consumers including:
Category of PI and Examples of PI that make up such Categories | Sources of PI | Business or Commercial Purposes for PI Collection (Definitions for Capitalized Terms Provided in Chart are found under “Use of PI”) | Category of third parties with which the PI is shared, if shared. |
---|---|---|---|
1. (a) Identifiers (as defined in CCPA §1798.140(o)(1)(A)) such as: a real name, alias, postal address, email address, account name, or other similar identifiers. |
You (e.g. registration cards, meeting with agents at our sales offices, online web registration, homebuyer surveys), purchase and sale contracts executed by you to purchase a home, your real estate broker, your browser, computer, social media pages, masterplan developers, third party landowners for whom we build on a fee, publicly available sources, and service providers and partners such as marketing and data providers. | Performing Services; Prevent Fraud and Ensure Security; Quality Assurance; To Provide and Improve Advertising; To report visitor and/or purchaser information to the master developer of a community you have visited or expressed an interest in | Operating systems and platforms; e-signature platforms, like DocuSign, internet service providers; cloud providers; legal advisers, auditors, fraud prevention providers; with your express permission, social networks; trade contractors and warranty service providers; other service providers, such as marketing consultants and CRM provider; our insurance carriers; masterplan developers; homeowners’ associations; and with your express permission, title insurance carries, escrow service providers, third party lenders and pre-qualification providers |
1. (b) Identifiers (as defined in CCPA §1798.140(o)(1)(A)); such as: unique personal identifier, online identifier, Internet Protocol address, or other similar identifiers. |
You, your browser, computer, or mobile device, social media pages, and service providers and partners such as marketing and data providers and analytics providers | Performing Services; Prevent Fraud and Ensure Security; To Provide and Improve Advertising; | Operating systems and platforms; internet service providers; cloud providers; data analytics providers; pixel providers; legal advisers, fraud prevention providers; service providers, such as marketing consultants and CRM provider |
(c) Identifiers (as defined in CCPA §1798.140(o)(1)(A)); such as: social security number, driver's license number, passport number, or other similar identifiers. |
Only if provided by you. | Performing Services; Prevent Fraud and Ensure Security; | Operating systems and platforms; e-signature platforms, like DocuSign, internet service providers; cloud providers; legal advisers, fraud prevention providers; and with your express permission, title insurance carries, escrow service providers, third party lenders and pre-qualification providers |
2. (a) Personal Records (as defined in CCPA §1798.140(o)(1)(B)); This may include information such as: physical characteristics or description, signature, telephone number, education, employment, household income. |
You (e.g. registration cards, meeting with agents at our sales offices, online web registration, homebuyer surveys), your real estate broker, social media pages, masterplan developers, third party landowners for whom we build on a fee, publicly available sources, service providers and partners such as marketing and data providers. | Performing Services; Prevent Fraud and Ensure Security; Quality Assurance; To Provide and Improve Advertising; To report visitor and/or purchaser information to the master developer of a community you have visited, purchased at or expressed an interest in | Operating systems and platforms; e-signature platforms, like DocuSign, internet service providers; cloud providers; data analytics providers; pixel providers; legal advisers, fraud prevention providers; trade contractors and warranty service providers; other service providers, such as marketing consultants and CRM provider; masterplan developers; homeowners’ associations; and with your express permission, title insurance carries, escrow service providers, third party lenders and pre-qualification providers |
2. (b) Personal Records
(as defined in CCPA §1798.140(o)(1)(B)); This may include information such as: insurance policy number, bank account number, or any other similar financial information. |
Only if provided by you. | Performing Services; Prevent Fraud and Ensure Security | Operating systems and platforms; e-signature platforms, like DocuSign, internet service providers; cloud providers; legal advisers, fraud prevention providers; and with your express permission, title insurance carries, escrow service providers, third party lenders and pre-qualification providers |
3. Characteristics of protected classifications under California or federal law
(as defined in CCPA §1798.140(o)(1)(C)); This may include: age, sex, marital status, national origin, religion, veteran status, familial status, race, gender identity, and sexual orientation. |
You (e.g. registration cards, meeting with agents at our sales offices, online web registration), your real estate broker, masterplan developers, third party landowners for whom we build on a fee, publicly available sources. | Performing Services; Prevent Fraud and Ensure Security; To Provide and Improve Advertising; To report visitor and/or purchaser information to the master developer of a community you have visited, purchased at or expressed an interest in | Operating systems and platforms; e-signature platforms, like DocuSign, internet service providers; cloud providers; legal advisers, fraud prevention providers; other service providers, such as marketing consultants; masterplan developers; homeowners’ associations; and with your express permission, title insurance carries, escrow service providers, third party lenders and pre-qualification providers |
4. Commercial Information (as defined in CCPA §1798.140(o)(1)(D)); This may include: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Purchase and sale contracts, with all associated disclosures and addenda, that you enter into when you purchase a home, warranty request records, publicly available sources. | Performing Services; Prevent Fraud and Ensure Security; Quality Assurance; To Provide and Improve Advertising; To report visitor and/or purchaser information to the master developer of a community you have visited, purchased at or expressed an interest in | Operating systems and platforms; e-signature platforms, like DocuSign, internet service providers; cloud providers; legal advisers, auditors, fraud prevention providers; with your express permission, social networks; trade contractors and warranty service providers; service providers, such as marketing consultants; our insurance carriers; masterplan developers; homeowners’ associations; and with your express permission, title insurance carries, escrow service providers, third party lenders and pre-qualification providers |
5. Internet Usage Information (as defined in CCPA §1798.140(o)(1)(F)); This may include: browsing history, search history, and information regarding your interaction with an Internet Web site, application, or advertisement. |
You and your browser, computer, or mobile device; service providers and partners such as marketing and data providers; and third parties and/or service providers such as advertisers and analytics providers. | Performing Services; Prevent Fraud and Ensure Security; To Provide and Improve Advertising | Operating systems and platforms; internet service providers; cloud providers; data analytics providers; pixel providers; legal advisers; other service providers, such as marketing consultants |
6. Geolocation Data (as defined in CCPA §1798.140(o)(1)(G)); This may include: precise physical location or movements and travel patterns. |
You and your browser, computer, or mobile device. | Performing Services; To Provide and Improve Advertising | Operating systems and platforms; internet service providers; cloud providers; service providers, such as marketing consultants |
7. Sensory Data (as defined in CCPA §1798.140(o)(1)(H)); This may include: audio recordings of customer care calls, electronic, visual or similar information. |
You, your voicemails to customer care or sales agents, testimonials you provide to us with consent. | Performing Services; Quality Assurance | Operating systems and platforms; internet service providers; cloud providers; legal advisers, fraud prevention providers; with your express permission, social networks; trade contractors and warranty service providers; service providers, such as marketing consultants |
8. Inferences from PI Collected (as defined in CCPA §1798.140(o)(1)(K)); This may include: creating a profile about a Consumer reflecting the Consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
You (e.g. registration cards, meeting with agents at our sales offices, online web registration, homebuyer surveys), your real estate broker, your browser, computer, service providers and partners such as marketing and data providers; and third parties and/or service providers such as advertisers and analytics providers. | Performing Services; To Provide and Improve Advertising | Operating systems and platforms; internet service providers; cloud providers; legal advisers; other service providers, such as marketing consultants and CRM provider; masterplan developers. |
As permitted by applicable law, we do not treat deidentified data or aggregate consumer information as PI and we reserve the right to convert, or permit others to convert, your PI into deidentified data or aggregate consumer information. We have no obligation to re-identify such information or keep it longer than we need it to respond to your requests. This helps us practice data minimization, which we consider to be a privacy best practice consistent with our mission to respect our customers. For more detailed information about information we collect, please our Privacy Policy under the Section entitled “Information We Collect About You and How We Collect It.”
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A. SOURCES OF PI.
We may collect your PI directly from you or from service providers, vendors and suppliers, our affiliates, or other individuals and businesses, as well as public sources of data such as government databases. For more specifics tied to each category of PI, see the chart above. You may also refer to our Privacy Policy under the Section entitled “Information We Collect About You and How We Collect It” which provides additional detail about the sources from which we collect personal information.
B. USE OF PI.
Generally, we collect, retain, use and disclose your PI to provide you services and as otherwise related to the operation of our business. For more specific detail on our collection of PI, and the purposes therefore, see chart above at PI WE COLLECT. For more detail on our disclosures of PI, see the next section Sharing of PI. You may also refer to our Privacy Policy under the Section entitled “How We Use Your Information” which provides additional detail about how we use personal information.
- Processing Interactions and Transactions (§1798.140(d)(4)): “Short-term, transient use, provided the personal information that is not disclosed to another third party and is not used to build a profile about a consumer or otherwise alter an individual consumer's experience outside the current interaction, including, but not limited to, the contextual customization of ads shown as part of the same interaction.”
- Managing Interactions and Transactions (§1798.140(d)(1)): “Auditing related to a current interaction with the consumer and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards.”
-
Performing Services (§1798.140(d)(5)): “Performing services on behalf of the
business or service provider, including maintaining or servicing accounts, providing customer service,
processing or fulfilling orders and transactions, verifying customer information, processing payments, providing
financing, providing advertising or marketing services, providing analytic services, or providing similar
services on behalf of the business or service provider.”
At New Home this may include but is not limited to answering your questions about communities or homes we build, providing service in connection with your purchase of a home, such as coordinating the execution of the sales agreement and making design selections, as well as coordinating with your home lender and providing you warranty service after you’ve closed escrow.Research and Development (§1798.140(d)(6)): “Undertaking internal research for technological development and demonstration.” - Quality Assurance (§1798.140(d)(7)): “Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.”
- Prevent Fraud and Ensure Security (§1798.140(d)(2)): “Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.”
- and Debugging (§1798.140(d)(3)): “Debugging to identify and repair errors that impair existing intended functionality.”
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“To Provide and Improve Advertising”
- To keep you informed of our offerings, services and promotions, and to provide you with community information as applicable, through marketing communications, newsletters and other information and materials you have chosen to receive.
- To register you for, and otherwise administer, a promotion, contest, sweepstakes, survey, incentive program or other feature.
- To analyze visits to the Site and responses to advertisements and promotions in order to learn about the interests, preferences, demographics and behaviors of our visitors in aggregate (e.g., across the country) and also on a personal level, so we can improve our services and deliver to you the type of content, features, services, products and promotions that you are most interested in.
- To report visitor and/or purchaser information to the master developer of a community you have visited or expressed an interest in.
Subject to restrictions and obligations of the CCPA, our vendors may also use your PI for some or all of the above listed business purposes. Our vendors may themselves engage services providers or subcontractors to enable them to perform services for us, which sub-processing is, for purposes of certainty, an additional business purpose for which we are providing you notice. In addition, we may collect, use and disclose your PI as required or permitted by applicable law.
For more specifics tied to each category of PI, see the chart above under PI We Collect.
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2. SHARING OF PI
A. Sharing:
We may share your PI (as described above in PI We Collect) with our service providers and other qualified vendors (including those that facilitate interest-based and other advertising and marketing) for business and commercial purposes, including the same business and commercial purposes for which we collect such PI as described above in the Collection and Use of PI. Information we disclose to service providers may be used only for our business purposes and service providers are not permitted to use the personal information for their own direct marketing or other commercial purposes. The following chart sets forth the categories of PI shared in the calendar year 2019:
Category of PI and Examples of PI that make up such Categories | Disclosed for a Business Purpose? |
---|---|
1. Identifiers (as defined in CCPA §1798.140(o)(1)(A)); This may include: a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, or other similar identifiers. |
Yes |
2. Personal Records (as defined in CCPA §1798.140(o)(1)(B)); This may include information such as: physical characteristics or description, signature, telephone number, education, employment, insurance policy number, bank account number, or any other financial information, such as household income. |
Yes |
3. Characteristics of protected classifications under California or federal
law(as defined in CCPA §1798.140(o)(1)(C));
This may include: age, sex, marital status, national origin, religion, veteran status, familial status, race, gender identity, and sexual orientation. |
Yes |
4. Commercial Information (as defined in CCPA §1798.140(o)(1)(D)); This may include: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Yes |
5. Internet Usage Information
(as defined in CCPA §1798.140(o)(1)(F)); This may include: browsing history, search history, and information regarding your interaction with an Internet Web site, application, or advertisement. |
Yes |
6. Geolocation Data
(as defined in CCPA §1798.140(o)(1)(G)); This may include: precise physical location or movements and travel patterns. |
Yes |
7. Sensory Data
(as defined in CCPA §1798.140(o)(1)(H)); This may include: audio recordings of customer care calls, electronic, visual or similar information. |
Yes |
8. Inferences from PI Collected
(as defined in CCPA §1798.140(o)(1)(K)); This may include: creating a profile about a Consumer reflecting the Consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
Yes |
Notwithstanding anything to the contrary in our other privacy notices, we typically restrict use of your PI that is governed by the CCPA’s Consumer rights provisions and is shared with our vendors to business purposes, or we treat such disclosures as sales of your PI subject to your Do Not Sell rights.
In addition, if you direct us to share PI we may, and that is not a sale. Also, disclosures amongst the entities that constitute Company as defined above are not a sale.
B. Sale:
We may share PI with vendors (including those that facilitate interest-based and other advertising and marketing), and/or third parties in a manner that is or may be deemed a sale under the CCPA. Please note that such third parties have their own policies and practices for collecting, using and disclosing PI. New Home does not have any control over, or responsibility for, the content or operation of the website of such a third party or its privacy practices. While we do not actually sell your name, email address, physical address, or phone number, California law broadly defines “sale” in a way that may deem the way we share some of our PI to be a sale under the CCPA. Regulations interpreting the CCPA are still being finalized and the way we share data may or may not ultimately be a sale under the CCPA. For example, as described above in PI We Collect, we share some of your information with developers of masterplan communities in which you have purchased a home, have visited the community, or otherwise shown an interest in the community.
The categories of PI that may have been sold in the calendar year 2019 as that term is defined by the CCPA includes:
Category of PI and Examples of PI that make up such Categories | Possibly Sold? |
---|---|
1. (a) Identifiers (as defined in CCPA §1798.140(o)(1)(A)) such as: a real name, alias, postal address, email address, account name, or other similar identifiers. | Yes |
1. (b) Identifiers (as defined in CCPA §1798.140(o)(1)(A)); such as: unique personal identifier, online identifier, Internet Protocol address, or other similar identifiers. | See Below* |
1. (c) Identifiers (as defined in CCPA §1798.140(o)(1)(A)); such as: social security number, driver's license number, passport number, or other similar identifiers. | No |
2. (a) Personal Records. (as defined in CCPA §1798.140(o)(1)(B))); This may include information such as: physical characteristics or description, signature, telephone number, education, employment, household income. |
Yes |
2. (b) Personal Records (as defined in CCPA §1798.140(o)(1)(B)); This may include information such as: insurance policy number, bank account number, or any other similar financial information. |
No |
3. Characteristics of protected classifications under California or federal law (as defined in CCPA §1798.140(o)(1)(C)); This may include: age, sex, marital status, national origin, religion, veteran status, familial status, race, gender identity, and sexual orientation. |
Yes |
4. Commercial Information (as defined in CCPA §1798.140(o)(1)(D)); This may include: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Yes |
5. Internet Usage Information (as defined in CCPA §1798.140(o)(1)(F)); This may include: browsing history, search history, and information regarding your interaction with an Internet Web site, application, or advertisement. |
See below* |
6. Geolocation Data(as defined in CCPA §1798.140(o)(1)(G)); This may include: precise physical location or movements and travel patterns. |
See below* |
7. Sensory Data (as defined in CCPA §1798.140(o)(1)(H)); This may include: audio recordings of customer care calls, electronic, visual or similar information. |
No |
8. Inferences from PI Collected (as defined in CCPA §1798.140(o)(1)(K)); This may include: creating a profile about a Consumer reflecting the Consumer’s preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. You have the right to direct us not to “sell” your PI. For more information on how to exercise your do not sell rights, click here. |
Yes |
* There may be pixels, cookies and other tracking technologies on our online services that may provide data, which may be treated as personal information under the CCPA, to other parties that may use it for their own purposes, which in turn may provide that data to other parties for their own purposes. There is not currently a consensus as to if these activities constitute a sale as defined by the CCPA, and we do not currently treat these activities as a “sale.” Nevertheless, we provide you the ability to control certain cookie preferences, including turning off cookies. Rather than providing us a “do not sell” instruction as set forth above, you can click on the “Cookie Preferences” link which is also in the footer of our website pages. We are not responsible for the completeness, accuracy or effectiveness of any third party notices or choices, and you may have to opt-out separately via each browser and other device you use. Cookie-enabled opt-outs signals may no longer be effective if you delete, block or clear cookies. Further, there is also not currently a consensus as to how various user-enabled privacy or “do not track” signals or settings should be treated or what they mean, so we will not look for or respond to any that are not expressly listed here or in our Privacy Policy under Your Choices, Opting-Out and Reviewing or Making Changes to Your Information as programs in which we participate or otherwise accept, which may change as programs evolve.
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3. CALIFORNIA PRIVACY RIGHTS
The CCPA is a new law and there remain differing interpretations of it and the regulations that implement it. Accordingly, we may from time-to-time update information in our notices regarding our data practices and your rights, modify our methods for you to make and for us to respond to your requests, and/or supplement our response(s) to your requests, as we continue to develop our compliance program to reflect the evolution of the law and our understanding of how it relates to our data practices
We provide California Consumers have the privacy rights described in this section. You have the right to exercise these rights via an authorized agent who meets the agency requirements of the CCPA and related regulations. As permitted by the CCPA, any request you submit to us is subject to an identification and residency verification process (“Verifiable Consumer Request”). We will not fulfill your CCPA request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. Please follow the instructions at our Consumer Rights Request page here and respond to any follow up inquires we may make. You may also obtain information on how to make, and may submit, a request by contacting one of our online sales concierges.
Some PI we maintain about Consumers is not sufficiently associated with enough PI about the Consumer for us to be able to verify that it is a particular Consumer’s PI when a Consumer request that requires verification pursuant to the CCPA’s verification standards is made (e.g., clickstream data tied only to a pseudonymous browser ID). As required by the CCPA we do not include that PI in response to those requests. If we cannot comply with a request, we will explain the reasons in our response. You are not required to create an account with us to make a Verifiable Consumer Request. We will use PI provided in a Verifiable Consumer Request only to verify your identity or authority to make the request and to track and document request responses, unless you also gave it to us for another purpose.
We will respond to a verifiable consumer request within forty-five (45) days of receiving it, subject to delays and exclusions permitted by law. If we require more time to respond, we will let you know the reason why and extension period in writing. We will make commercially reasonable efforts to identify Consumer PI that we collect, process, store, disclose and otherwise use and to respond to your California Consumer privacy rights requests. In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest that you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest or not. We reserve the right to direct you to where you may access and copy responsive PI yourself. We will typically not charge a fee to fully respond to your requests; provided, however, that we may charge a reasonable fee, or refuse to act upon a request, if your request is excessive, repetitive, unfounded or overly burdensome. If we determine that the request warrants a fee, or that we may refuse it, we will give you notice explaining why we made that decision. You will be provided a cost estimate and the opportunity to accept such fees before we will charge you for responding to your request.
Consistent with the CCPA and our interest in the security of your PI, we will not deliver to you your social security number, driver’s license number or other government-issued id number, financial account number, or any health or medical identification number in response to a CCPA request.
Your California Consumer privacy rights are as follows:
A. The Right to Know
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Information Rights
- You have the right to send us a request, no more than twice in a twelve-month period, for any of the following for the period that is twelve months prior to the request date:
- The categories of PI we have collected about you.
- The categories of sources from which we collected your PI.
- The business or commercial purposes for our collecting or selling your PI.
- The categories of third parties to whom we have shared your PI.
- The specific pieces of PI we have collected about you.
- A list of the categories of PI disclosed for a business purpose in the prior 12 months, or that no disclosure occurred.
-
A list of the categories of PI sold about you in the prior 12 months, or that no sale occurred. If we
sold your PI, we will explain:
- The categories of your PI we have sold.
- The categories of third parties to which we sold PI, by categories of PI sold for each third party.
To make a request, please Select "Other CCPA Requests" at our Consumer Rights Request Web Form here and describe the information right you wish to exercise in the "Request Details Section" and respond to any follow up inquires we may make or call us at 1-833-459-0189. Our toll-free number is available from 8 am to 5 pm Pacific Time, Monday through Friday other than national holidays. You can make a request using our web form at any time. You can also email us at privacy@nwhm.com. If you submit your request by email, your email must originate from the same email address that we have in our records. For your specific pieces of information, as required by the CCPA, we will apply heightened verification standards authorized under the CCPA, including those described in subsection (ii) below.
Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
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Obtaining Copies of PI
- You have the right to make or obtain a transportable copy, no more than twice in a twelve-month period, of your PI that we have collected in the period that is 12 months prior to the request date and are maintaining. To make a request, please select "Other CCPA Requests" at our Consumer Rights Request Web Form here and indicate that you wish to obtain a copy of your PI as well as what PI you would like a copy of in the "Request Details Section" and respond to any follow up inquires we may make or call us at 1-833-459-0189. Our toll-free number is available from 8 am to 5 pm Pacific Time, Monday through Friday other than national holidays. You can make a request using our web form at any time. You can also email us at privacy@nwhm.com. If you submit your request by email, your email must originate from the same email address that we have in our records.
- All requests are subject to our Verifiable Consumer Request process. In many cases, to make an access or deletion request, we must be able to verify your identity to a reasonably high degree of certainty as described in the CCPA and the regulations promulgated thereunder and you will be required to provide additional verification of your identity and California residency, which may include a signed declaration under penalty of perjury that you are the individual whose personal information is the subject of the request, government-issued identification, a reply to a text message sent to the phone number we have in our records, a reply to an email message we have in our records and/or other documentation associating your name with the address we have in our records.
- Please note that PI is retained by us for various time periods, so we may not be able to fully respond to what might be relevant going back 12 months prior to the request.
B. Do Not Sell
You have the right to direct us not to “sell” your PI. For more information on how to exercise your do not sell rights, click here. However, you may alternatively exercise more limited control of your PI by instead exercising one of the options described on our Privacy Policy under .
There may be pixels, cookies and other tracking technologies on our online services that may provide data,
which may be treated as personal information under the CCPA, to other parties that may use it for their own
purposes, which in turn may provide that data to other parties for their own purposes. There is not currently
a consensus as to if these activities constitute a sale as defined by the CCPA, and we do not currently treat
these activities as a “sale.” Nevertheless, we provide you the ability to control
certain cookie preferences, including turning off cookies. Rather than providing us a “do not sell”
instruction as set forth above, you can click on the “Cookie Preferences” link which is also in the footer of
our website pages. We are not responsible for the completeness, accuracy or effectiveness of any third party
notices or choices, and you may have to opt-out separately via each browser and other device you use.
Cookie-enabled opt-outs signals may no longer be effective if you delete, block or clear cookies. Further,
there is also not currently a consensus as to how various user-enabled privacy or “do not track” signals or
settings should be treated or what they mean, so we will not look for or respond to any that are not expressly
listed here
As set forth in the Terms of Use and Legal Disclaimers, you must be older than 16 years old to use our Sites; accordingly, we do not knowingly collect PI of children under 16 or use it in a way that would constitute a “sale” under California law. We do not knowingly sell the PI of Consumers we know are under 16 unless we receive an opt-in from the Consumer who is at least 13 but under 16, or from the parent or guardian of a Consumer younger than 13. Consumers who opt-in to PI sales may opt-out at any time. If you think we may have unknowingly collected PI for sale of yourself or of your child under the age of 13, or if you are at least 13 but under 16, exercising the opt-out will stop our selling of the PI.
If you are 16 years of age or older, you have the right to direct us to not sell your PI. You may click on the “Do Not Sell My Info” button in the footer of our website or click here which will explain how to exercise such rights. However, you may alternatively exercise more limited control of your PI by instead exercising one of the options described on our Privacy Policy under “Your Choices, Opting-Out and Reviewing or Making Changes to Your Information”.
C. Delete
Except to the extent we have a basis for retention under CCPA, you may request that we delete your PI that we have collected directly from you and are maintaining; provided that such request must be a Verifiable Consumer Request and may be subject to heightened scrutiny described in Section 3(A)(ii) above. Our retention rights include, without limitation, to complete transactions and service you have requested or that are reasonably anticipated, such as warranty requests during the applicable statute of limitations, for security purposes, for legitimate internal business purposes, including maintaining business records, to comply with law, to exercise or defend legal claims, and to cooperate with law enforcement. Note also that we are not required to delete your PI that we did not collect directly from you. To make a request, select "Other CCPA Requests" at our Consumer Rights Request Web Form here and indicate that you would like to delete your PI in the "Requests Details Section" and respond to any follow up inquires we may make or call us at 1-833-459-0189. Our toll-free number is available from 8 am to 5 pm Pacific Time, Monday through Friday other than national holidays. You can make a request using our web form at any time. You can also email us at privacy@nwhm.com. If you submit your request by email, your email must originate from the same email address that we have in our records.
However, you may alternatively exercise more limited control of your PI by instead exercising one of the options described on our Privacy Policy under “Your Choices, Opting-Out and Reviewing or Making Changes to Your Information”.
D. Non-Discrimination and Financial Incentive Programs:
We will not discriminate against you in a manner prohibited by the CCPA because you exercise your CCPA rights. However, we may charge a different price or rate, or offer a different level or quality of good or service, to the extent that doing so is reasonably related to the value of the applicable data. In addition, we may offer you financial incentives for the collection, sale and retention and use of your PI as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels. The material aspects of any financial incentive will be explained and described in its program terms. Please note that participating in incentive programs is entirely optional, you will have to affirmatively opt-in to the program and you can opt-out of each program (i.e., terminate participation and forgo the ongoing incentives) prospectively by following the instructions in the applicable program description and terms. We may add or change incentive programs and/or their terms by posting notice on the program descriptions and terms linked to above so check them regularly.
E. Authorized Agents:
You may designate an authorized agent to exercise your rights above. We reserve the right to require verification of your authorized agent’s identity and authority, which may include:
- Verification of your identity as described below pursuant to our process by which we determine a Verifiable Consumer Request as described above. The verifiable request must describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to the request.
- A power of attorney pursuant to California Probate Code sections 4000 – 4465 or otherwise sufficient in our discretion to establish your authorized agent’s authority; and/or
- Your authorized agent’s valid government-issued identification or other proof of identity acceptable to us in our sole discretion.
F. Our and Other’s Rights:
Notwithstanding anything to the contrary, we may collect, use and disclose your PI as required or permitted by applicable law and this may override your CCPA rights. In
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4. ADDITIONAL CALIFORNIA NOTICES
In addition to CCPA rights, certain Californians are entitled to certain other notices, including:
A. Third Party Marketing and Your California Privacy Rights:
California's "Shine the Light" law permits California residents to request certain information regarding our disclosure of PI to third parties for their own direct marketing purposes.
Separate from your CCPA “Do Not Sell” rights you have the following additional rights regarding disclosure of your information to third parties for their own direct marketing purposes:
We may from time to time elect to share certain “personal information” (as defined by California’s “Shine the Light” law) about you with third parties for those third parties’ direct marketing purposes. California Civil Code § 1798.83 permits California residents who have supplied personal information, as defined in the statute, to us to, under certain circumstances, request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes. If this applies, you may obtain the categories of personal information shared and the names and addresses of all third parties that received personal information for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2019 will receive information about 2018 sharing activities). To make such a request, please provide sufficient information for us to determine if this applies to you, attest to the fact that you are a California resident and provide a current California address for our response. You may make this request by contacting us here, or in writing at: The New Home Company Inc., 85 Enterprise, Suite 450, Aliso Viejo, CA 92656 Attn: General Counsel. Any such request must include “California Privacy Rights Request” in the first line of the description and include your name, street address, city, state, and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests not labeled properly or made by means other than through this e-mail address or mail address.
As these rights and your CCPA rights are not the same and exist under different laws, you must exercise your rights under each law separately.
B. Online Privacy Practices
For more information on our online practices and your California rights specific to our online services see our online Privacy Policy. Without limitation, Californians that visit our online services and seek or acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:
C. Tracking and Targeting:
When you visit our online services, we and third parties may use tracking technologies to collect usage information based on your device for a variety of purposes, including serving you advertising, based on your having visited our services or your activities across time and third-party locations. Some browsers may enable you to turn on or off a so-called “Do Not Track” signal. Because there is no industry consensus on what these signals should mean and how they should operate, we do not look for or respond to “Do Not Track” signals. For more information on tracking and targeting and your choices regarding these practices, see our online Privacy Policy.
Although our online service(s) are intended for an audience over the age of 18, any California residents under the age of eighteen (18) who have registered to use our online services, and who posted content or information on the service, can request removal by contacting us here, detailing where the content or information is posted and attesting that you posted it. We will then make reasonably good faith efforts to remove the post from prospective public view or anonymize it, so the minor cannot be individually identified to the extent required by applicable law. This removal process cannot ensure complete or comprehensive removal. For instance, third parties may have republished or archived content by search engines and others that we do not control.
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5. CONTACT US
For more information on your California privacy rights contact us at 1-833-459-0189 or email us here. You may also use our California Consumer Rights Portal found here. Or, write to us at: The New Home Company Inc., 85 Enterprise, Suite 450, Aliso Viejo, CA 92656 Attn: General Counsel.