Last Updated: 03/24/17
In this Policy, "personal information" means any information by which you can be identified or contacted, such as your name (first and last), home, billing or other physical address, email address, telephone number, billing information, etc., as well as any information associated with the foregoing.
U.S. Governing Law
If you are located outside of the United States, you use the Website at your own risk and initiative, and you are solely responsible for compliance with any applicable local and national laws, including, without limitation, all applicable laws, rules and regulations regarding the transmission of data exported from the United States or the country in which you reside. By using the Website, participating in any Website activities and/or providing us with any information, you: (a) consent to the transfer and processing of any information to and in the U.S., (b) acknowledge that U.S. law may provide a lower standard of protection for personal data than the laws of your location, and (c) understand that we will collect, transfer, store, process and/or deal with your information in accordance with this Policy and U.S. law. Consequently, to the fullest extent permitted by law, you hereby waive any claims relating to the processing of your information in accordance with this Policy that may arise under the laws and regulations that apply to you in any other country or jurisdiction.
Persons Under the Age of 18
Information We Collect About You and How We Collect It
User-Provided Information: You may be required to provide personal information to access or use certain parts of the Website, or features of the Website or services, including, without limitation, when you join the Registry or the Insider's Club, request information about us, a specific development, or service, subscribe to a newsletter or email list, fill out a form, participate in any of our programs, special events or promotions such as contests, sweepstakes or surveys, contact us with a comment, testimonial, question or complaint, etc. If you do not provide the requested personal information, you may not be able to participate, access or use certain features of the Website or service where such information is requested.
Depending upon the nature of the transaction, the personal information collected may include your first and last name, billing, mailing, physical address, telephone number, email address, fax number, gender, occupation, birthday, marital status, spouse/partner's name and contact information, interests, current housing situation, or other demographic information. Other information may be identified as optional, and you may choose whether or not to provide it. The use of any of these online forms is voluntary.
Emails and Social Media Sites
We may also collect personal information about you from other third parties, such as demographic firms, our agents, vendors and service providers, and from publicly available sources, to make our future services and marketing efforts more efficient and personalized for you. We may combine all information that you provide to us or we collect over time with information obtained from other sources and may disclose this information within our corporate family of companies or our service providers.
When you visit the Website, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer that uniquely identifies your browser. Cookies help the Website to remember information about your visit, like your preferred language and other settings that can make your next visit easier and the Website more useful to you. A cookie does not collect personal information about you; however, once you choose to furnish personal information, this information may be linked to the data stored in the cookie. When you access the Website, we look to the cookie to fill out some fields you would otherwise have to re-enter (but not passwords or any financial information) and customize the Website to be more relevant to you. We use both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the Website and can be removed by following your web browser's directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. You may delete and/or decline our cookies by selecting the appropriate settings on your browser, however, some parts of the Website may not work properly if you do so and this may affect your ability to use the full functionality of the Website.
Log File Information
Log file information is automatically reported by your browser each time you access a web page. When you register with or view the Website, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") addresses or other device identifiers, browser information, Internet Service Provider ("ISP"), operating system, location, date/time stamp, clickstream data, referring/exit pages and URLs, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information
When you use the Website or services, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personal information from your account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make this Website better for our users.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
• To provide products, services or other opportunities to you.
• To contact you (via email, postal mail, or telephone) regarding products and services that we believe may be of interest to you.
• To operate, maintain, and provide to you the best possible features, services, products, functionality of the Website and its contents, and overall customer experience.
• To provide you with information, products, or services that you request from us.
• To improve our marketing and promotional efforts.
• To statistically analyze Website usage and learn about the interests, preferences, demographics and behaviors of our visitors in aggregate (e.g., across the country) and also on a personal level to better understand your interests and needs, so we can identify your product and service preferences, improve our content and product offerings, customize the Website's content, layout and services, and deliver to you the type of content, features, services, products and promotions that you are most interested in.
• To process registration requests when you register for our programs or services, or otherwise administer your participation in our programs or services.
• To respond to your questions, requests, comments or complaints and determine your satisfaction with our programs, products and services.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to the Website or any products or services we offer or provide through it.
• To compare and review your personal information for errors, omissions and accuracy.
• To prevent, detect or investigate any fraudulent, abusive or illegal act.
• To allow you to participate in interactive features on the Website.
• To administer a promotion, contest, sweepstakes, survey or other Website feature.
• To send you marketing communications and other information and materials you have chosen to receive regarding our products, services, marketing or special events.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.
We also use your personal information for our everyday business purposes such as security, analytics, operations, fraud detection and prevention, reporting, making back-ups, troubleshooting, dispute resolution and legal compliance. MBK Homes may develop special sites or administer promotions in cooperation with other companies. If you register at these "co-branded" sites or consent to receive email communications from our promotional partners, we may share your registration information (such as name and email address) with those companies.
Any personal information or content you voluntarily disclose for posting to the Website (for instance, any content you post) (referred to herein as "User Content") becomes available to the public via the Website and our business partners. User Content includes, but is not limited to, testimonials, reviews, comments, photos, videos, etc. If you remove User Content, copies may remain viewable in cached and archived pages or if other users have copied or stored your User Content.
MBK Homes may use certain information about you and/or your User Content without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Website is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.
How We Share Your Information
Personally Identifiable Information: In certain circumstances, we may share your personal information with our trusted partners.
• Third Party Service Providers: We may disclose potentially personally-identifying and personally-identifying information to our employees, contractors (including website operators), affiliated organizations, agents, vendors, service providers, distributors, promotional partners and other third parties that provide support services to us such as webhosting, web analytics (including analysis of online activity over time and across websites), mailing, emailing, etc., or marketing our products and services, administering our programs and operations, fulfilling your requests, administering promotions, or processing any other information on our behalf to provide services available at the Website. We may reveal personal information about you to such third parties for their independent use, including, without limitation, if: (1) you request or authorize it; and (2) the information is provided to help promote or otherwise market a service or product to you or complete a transaction for you. We may also gather aggregated data about you and disclose the results of such aggregated (but not personally identifiable) information to third parties for marketing, promotional or other purposes. We may store personal information in locations outside the direct control of MBK Homes (for instance, on servers or databases co-located with hosting providers). These service providers only receive personal information if such information is needed to perform their function(s) and they are not authorized to use any personal information for any purpose(s) other than the purpose(s) set forth by MBK Homes.
• Special Events, Promotions and Partnerships with Third Parties: From time to time, we may join with third parties to provide specific services or products, special events or promotions (such as surveys, contests or sweepstakes). If you choose to sign up for such services, order these products, or participate in a special event or promotion, MBK Homes may share your personal information with third party partners. We will share only the information that is necessary for the third parties to provide these services or products or otherwise participate in or administer the applicable event.
• Business Transfer: As we develop our business, we may buy, sell or transfer assets or business offerings. User, email, and visitor information is generally one of the transferred business assets in these types of transactions. We may also transfer such information in the course of corporate divestitures, mergers, or dissolution.
We fully cooperate with law enforcement agencies in identifying those who use the Website or services for illegal activities. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion. Release of your personal information for security purposes, as described in this Policy to any person or entity under any circumstances, including, without limitation, in connection with any government investigation or litigation, shall be based on a determination made solely by us, exercising our own discretion, permission for which is expressly granted by you to us in accordance with this Policy. Non-Personally Identifiable Information: We may share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain services.
MBK Homes does not provide any personally identifiable information to these third party ad servers or ad networks without your consent. However, please note that if an advertiser asks MBK Homes to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad server may conclude that you fit the description of the audience they are trying to reach.
You should consult the respective privacy policies of these third party ad servers or ad networks. This Policy does not apply to, and we cannot control the activities of, such advertisers.
How We Protect Your Information
MBK Homes uses commercially reasonable physical, electronic, managerial, and technical safeguards to preserve the integrity and security of your personal information consistent with industry standards. For example, we use encryption, passwords, and physical security measures to help protect your personal information against unauthorized access and disclosure. The security of your personal information is important to us, but please remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially reasonable means to protect your personal information, we cannot ensure or warrant the absolute security of any information you transmit to MBK Homes or the Website, and you do so at your own risk. Once we receive your transmission of information, MBK Homes makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. While we strive to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. We are not responsible for the acts and omissions of any third parties.
Compromise of Personal Information
In the event that personal information is compromised as a result of a breach of security, MBK Homes will promptly notify those persons whose personal information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.
Links to Other Websites and Social Media
We are not responsible for the practices employed by websites linked to or from the Website nor the information or content contained therein, and we make no warranty, either express or implied, concerning the content of any such site, including the accuracy, completeness, reliability, or suitability thereof for any particular purpose, nor do we warrant that any such site or content is free from any claims of copyright, trademark, or other infringement of the rights of third parties, or that any such site or content is devoid of viruses or other contamination. MBK Homes may provide links to other websites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by MBK Homes of any of the linked sites. Please remember that when you use a link to go from the Website to another website, our Policy is no longer in effect. Your browsing and interaction on any other website, including those that have a link on the Website, is subject to that website's own rules and policies. Please read over those rules and policies before proceeding. We do not ensure the security of your personal information if you visit websites not belonging to MBK Homes. We further reserve the right to terminate a link to a third party site at any time. This Policy only addresses our use and disclosure of your personal information. We are not responsible for the privacy practices of any third parties or the content of linked websites, although we encourage you to read any applicable privacy policies of such parties or websites.
The Website may contain links to or integrations with other sites such as Facebook, Twitter, Pinterest, Facebook and Instagram. The privacy protections provided on these third party social media platforms and sites are not part of our Policy and may differ from the privacy protections described in this Policy. If you upload content related to MBK Homes or our products on third party social media platforms or sites that share information with the general public, user community, and/or other third party sites, it may be used or shared by us on the Website or our social media platforms to promote our MBK Homes products and services. Consequently, you should review the privacy policies of these third party sites before using them and ensure that you understand how your content may be used.
It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on the Website page, as determined by MBK Homes in its sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.
Your Choices, Opting-Out and Reviewing or Making Changes to Your Information
By providing MBK Homes your email address, you consent to our use of your email address to send you Website and service related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, including, but not limited to, newsletters, payment information, account status, legal updates, changes to features of the Website or services, product updates, special offers or promotions, or other account information.
If you do not want to receive such email messages, you may opt out by following the unsubscribe instructions in any of our promotional emails. Please note that such requests may take up to ten (10) days to become effective. Opting out may prevent you from receiving email messages regarding updates, improvements, promotions or offers. You may not opt out of receiving communications regarding your purchases, transactions, certain dealings with the Website or technical information about the Website. Opting out does not affect our communications with you via telephone or email related to any orders with us nor does it affect our use of your non-personally identifiable information as described in this Policy.
To the extent you are receiving SMS Messaging from MBK Homes, you may opt out by replying to any message we send you with the word "STOP" or by contacting us using the contact information listed below. To the extent you receive notifications from any of our applications, you may opt out of receiving push notifications on your mobile device through your account and device settings.
You can ask to review, update or make changes to the personal information we maintain about you at any time by sending a written request to the postal or email address set out below, or by following the instructions in any promotional email you receive from us. We may take a reasonable period of time to respond. If you request the deactivation or change of information on our system, such information may be retained in our backup systems for a period of time subject to technology restrictions, or as a precaution against systems failures. Some information may be retained for longer periods as required by law, contract or auditing requirements or as otherwise described in this Policy.
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
Notice of Privacy Rights of California Residents
If you are a California resident, please refer to the Notice of Privacy Rights of California Residents.
California Do Not Track Disclosures
California Business & Professions Code Section 22575(b) (as amended effective January 1, 2014) provides that California residents are entitled to know how a website operator responds to "Do Not Track" (DNT) browser settings. DNT is a feature offered by some browsers which, when enabled, sends a signal to websites to request that your browsing is not tracked, such as by third party ad networks, social networks and analytic companies. We do not currently take actions to respond to DNT signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a DNT standard once one is created. For information about DNT, please visit: www.allaboutdnt.org.
If you have any questions about our Policy, the practices of this Website, your dealings with the Website, or wish to update us with your preferences or remove or modify your stored information, you may contact us using one of the following methods:
• Email: firstname.lastname@example.org
• Send mail to: 4 Park Plaza, Suite 1000, Irvine, CA, 92614