U.S. State Privacy Notice
U.S. State Privacy Notice
Effective Date: As of January 1, 2023
Last Updated: April 1, 2024
This State Privacy Notice (“Notice”) applies to “Consumers” as defined under the California Consumer Privacy Act, including as amended by the California Privacy Rights Act (together, the “CCPA”), the Colorado Privacy Act, Chapter 603A of the Nevada Revised Statutes, Texas Data Privacy and Security Act and all laws implementing, supplementing or amending the foregoing, including regulations promulgated thereunder (collectively, “U.S. Privacy Laws”). Capitalized terms used but not defined in this Notice shall have the meanings given to them under U.S. Privacy Laws.
This Notice is designed to meet our obligations under U.S. Privacy Laws and supplements the general privacy policies of The New Home Company Inc. and its subsidiaries, including entities doing business as Epic Homes, 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 (“Company,” “New Home,” “our,” “us,” or “we”) or including, without limitation, our Website Privacy Policy. In the event of a conflict between any other Company policy, notice, or statement and this Notice, this Notice will prevail as to Consumers unless stated otherwise.
Applicability:
- Section 1 of this Notice provides notice of our data practices, including our collection, use, disclosure, and sale of Consumers’ Personal Information or Personal Data (collectively, “PI” or “Personal Information”). It does not apply to our job applicants, current employees, former employees, or independent contractors (“Personnel”). Our Personnel can learn about our data practices as relates to them in our Personnel Privacy Notice.
- Sections 2-5 of this Notice provide information regarding Consumer rights and how you may exercise them. Section 2 also provides information regarding rights of our California Personnel.
- Section 6 of this Notice provides additional information for California residents, other than our Personnel.
For California residents the term “Consumer” is not limited to data subjects acting as individuals regarding household goods and services and includes data subjects in a business-to-business context. This is not the case in the other states.
TABLE OF CONTENTS
- Notice of Data Practices
(a) PI Collection, Disclosure, and Retention – By Category of PI
(b) PI Use and Disclosure – By Processing Purpose
- Your Consumer Rights and How to Exercise Them
(a) Right to Limit Sensitive PI Processing
(b) Right to Know/Access
(1) Categories (available for California Residents Only)
(2) Specific Pieces(c) Do Not Sell / Share / Target
(d) Right to Delete
(e) Correct Your PI
(f) Automated Decision Making/Profiling
(g) How to Exercise Your Consumer Privacy Rights
(1) Your Request Must be a Verifiable Consumer Request
(2) Agent Requests
(3) Appeals(h) Our Responses
- Non-Discrimination/non-retaliation
- Notice of Financial Incentive Programs
- Our Rights and the Rights of Others
- Additional Notice for California Residents
(a) California Minors
(b) Shine the Light - Contact Us
- Notice of Data Practices
The description of our data practices in this Notice covers the twelve (12) months prior to the Effective Date and will be updated at least annually. Our data practices may differ between updates, however, if materially different from this Notice, we will provide supplemental pre-collection notice of the current practices, which may include references to other privacy policies, notices, or statements. Otherwise, this Notice serves as our notice at collection.
How We Collect Your Information
The Personal Information we collect through our online services includes information that you provide by filling in forms on our online services. We also collect Personal Information you provide to us in our sales offices, model homes, and design studios, (such as on registration cards or through meeting with agents at our sales offices) and information we may collect from third parties. We may also ask you for information when you enter a contest or promotion sponsored by us, when you report a problem with our online services, records and copies of your correspondence when you contact us, responses to surveys and consumer reviews we and our service providers might ask you to complete, testimonials you provide to us with consent, your voicemails to customer care or sales agents. We also collect information from our affiliates and service providers, such as advertisers and analytics providers as well as public sources of data such as government databases or credit reporting agencies.
- Information You Post. For example, we may collect information you post in a public space on service provider websites for surveys and consumer reviews. This may include Ratings & Reviews features from service providers.
- Social Media Information. We may collect information you post on our social media pages. We may also collect your social media profile information.
- Information You Submit. For example, we may collect information when you contact us through the online web registration on our online services. We collect information submitted in connection with the purchase and sale contract when making a home purchase, including information you submit to us such as a deposit via check or other methods of providing deposits to us.
We collect information in different ways.
Directly from You. For example, when you:
- Fill out a Guest Information or registration card at a New Home sales office.
- Make a purchase in our sales offices or design studios.
- Sign up to receive promotional emails or text messages (including offers and sales alerts).
- Participate in one of our promotional sweepstakes, contests, surveys, consumer reviews or focus groups.
- Use a service provider rating and review feature.
- Submit a warranty request to our Customer Service team through our warranty portal or otherwise.
- Interact with New Home social media pages.
- Are referred to us by another customer.
In other Ways. We collect information when you:
- Enable location-based features on our platforms or otherwise share data through your devices.
- Click on sponsored links or third-party advertisements.
- Use the Wi-Fi Services provided in some sales, offices, model homes, or design studios.
- Visit sales, offices, model homes, or design studios; we may use cameras and doorbell cameras in and around our locations for operational purposes.
- Receive or interact with our communications and platforms that may contain cookies or pixels.
From Third Parties. We may receive information about you from other sources. For example, this may include receiving information from:
- Our business partners, including online advertising networks.
- Social media platforms, including LinkedIn, Facebook, Twitter, YouTube, Pinterest and Instagram.
- Companies that provide information to supplement what we already know about you, including data brokers.
- Masterplan developers, third party landowners for whom we build on a fee, or your real estate broker
By Combining Information. We may:
- Combine information that we collect in our locations with information we collect through our platforms.
- Combine information we collect about you from the different devices you use to access our platforms.
- Combine information we get from third parties with information we already have about you.
How We Use Personal Information
Generally, we Process your PI to provide you services and as otherwise related to the operation of our business, including for one or more of the following Business Purposes: Performing Services; Managing Interactions and Transactions; Security; Debugging; Advertising & Marketing; Quality Assurance; Processing Interactions and Transactions; and Research and Development. We may also use PI for other Business Purposes in a context that is not a Sale or Share under U.S. Privacy Laws, such as disclosing it to our Service Providers, Contractors, or Processors that perform services for us (“Vendors”), to the Consumer or to other parties at the Consumer’s direction or through the Consumer’s action; for the additional purposes explained at the time of collection (such as in the applicable privacy policy or notice); as required or permitted by applicable law; to the government or private parties to comply with law or legal process or protect or enforce legal rights or obligations or prevent harm; and to assignees as part of an acquisition, merger, asset sale, or other transaction where another party assumes control over all or part of our business (“Corporate Transaction”) (“Additional Business Purposes”). Subject to restrictions and obligations under U.S. Privacy Laws, our Vendors may also use your PI for Business Purposes and Additional Business Purposes, and may engage their own vendors to enable them to perform services for us.
We may also use and disclose your PI under this Notice for Commercial Purposes, which may be considered a “Sale” or “Share” under applicable U.S. Privacy Laws, such as when Third-Party Digital Businesses (defined below) Collect your PI via third-party cookies, and when we Process PI for certain advertising purposes. In addition, we may make your PI available to Third-Parties for their own use. We provide additional information below regarding our PI disclosure practices in the “More Information on our Disclosure of Your PI” section below the two charts that follow.
We provide more detail on our data practices in the two charts that follow.
(a) PI Collection, Disclosure, and Retention – By Category of PI
We collect, disclose, and retain PI as follows:
|
Category of PI |
Examples of PI Collected and Retained |
Categories of Recipients |
|---|---|---|
|
Real name, alias, postal address, unique personal identifiers, online identifier, mobile device identifier, Internet Protocol address, e-mail address, and account name. |
Disclosures for Business Purposes:
Sale/Share: Third-Party Digital Businesses |
|
Name, signature, description, address, telephone number, and financial information (e.g., payment card information). Some PI included in this category may overlap with other categories. |
Disclosures for Business Purposes:
Sale/Share: None |
|
In some circumstances, we may Collect PI that is considered protected under U.S. law, such as age, gender, nationality, race or information related to medical conditions. |
Disclosures for Business Purposes:
Sale/Share: None |
|
Records of personal property; products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. |
Disclosures for Business Purposes:
Sale/Share: None |
|
|
Disclosures for Business Purposes:
Sale/Share: Third-Party Digital Businesses |
|
If you interact with us online we may gain access to the approximate, and sometimes precise, location of the device or equipment you are using. |
Disclosures for Business Purposes:
Sale/Share: Third-Party Digital Businesses |
|
We may Collect audio, electronic, or similar information such as when you leave us voice messages regarding customer service or your home purchase. |
Disclosures for Business Purposes:
Sale/Share: None |
|
Inferences drawn from PI to create a profile about a Consumer reflecting preferences, characteristics, psychological trends, preferences, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. |
Disclosures for Business Purposes:
Sale/Share: Third-Party Digital Businesses |
|
Government Issued Identification Numbers (e.g., social security, driver’s license, or state identification card).
Driver’s license or other state ID data is only collected for identity verification purposes and is not retained following verification.
We collect IRS 1099 Information only if you are a winner of a sweepstakes or we have other business reasons to issue you an IRS 1099-misc. form, in which case we may maintain that information about you. |
Disclosures for Business Purposes:
Sale/Share: None |
|
Account Log-In (e.g., username and password to online account with Company) |
Disclosures for Business Purposes:
Sale/Share: None |
|
|
Precise Geolocation (any data that is derived from a device and that is used or intended to be used to locate a consumer w/in a geographic area that is equal to or less than the area of a circle with a radius of 1,850 feet) |
Disclosures for Business Purposes:
Sale/Share: Third-Party Digital Businesses |
|
|
Biometric Information (the processing of biometric information for the purpose of uniquely identifying a consumer). Our vendors may collect biometric information for verification purposes in relation to self-guided tours. However, we will not retain it longer than necessary to complete the verification process. |
Disclosures for Business Purposes:
Sale/Share: None |
There may be additional information we Collect that meets the definition of PI under applicable U.S. Privacy Laws but is not reflected by a category above, in which case we will treat it as PI as required, but will not include it when we describe our practices by PI category.
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, and may elect not to treat publicly available information as PI. We will not attempt to reidentify data that we maintain as deidentified.
Because there are numerous types of PI in each category, and various uses for each PI type, actual retention periods vary. We retain specific PI pieces based on how long we have a legitimate purpose for the retention and have developed a retention schedule and policy that designates retention periods between 1 year or less, 1-3 years, 3-8 years, 8-12 years, and in excess of 12 years depending upon the nature of the record and the purpose for retention. However, we do not retain biometric information, driver’s license, or other state ID data beyond the processing of it for verification purposes.
(b) PI Use and Disclosure – By Processing Purpose
We use and disclose PI for the processing purposes described below:
|
Processing Purpose(s) |
Examples(s) of Processing Purpose |
Categories of PI |
|---|---|---|
|
Provide our services/communicate about our services: this could include fulfilling your requests for home purchases or to provide you with information about our homes or how to purchase a home, to send you electronic newsletters and push notifications (if you have elected to receive such), to communicate with you about your use of the services, to provide you with special offers, discounts or promotions, and features or offers that we believe will be of interest to you, and to present our online services and its contents to you Enable additional features of our sites: to enable you to participate in a variety of our site’s features, such as submitting repair requests through our online home warranty portal Process purchases: to process or fulfill a home purchase or transaction Contact You: to contact you about your use of our services and, in our discretion, changes to our services or our service’s policies Customer Service: to respond to any questions, comments, or requests you have for us or for other customer service purposes Payment and other purchase-related purposes: to facilitate a purchase |
Identifiers Personal Records Personal Characteristics or Traits Customer Account Details/Commercial Information |
|
Auditing: related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with user interaction or transaction specifications and standards |
Internet Usage Information Geolocation Data |
|
Security/fraud prevention: to protect the security of Company, our services, or its users and to prevent and address fraud |
Internet Usage Information Identifiers, Personal Records Sensitive PI Customer Account Details/Commercial Information |
|
Repairs: identify and repair errors that impair existing intended functionality of our services, system operation, administration, maintenance, internal audits and reviews, diagnosing technical problems. |
Internet Usage Information Identifiers, Personal Records Sensitive PI Customer Account Details/Commercial Information |
|
Content and offers customization: to customize your experience on our websites, apps, or other services, or to serve you specific content and offers that are relevant to/customized for you Advertising and Marketing Purposes. We may provide you with information about new communities and special offers. We may use your information to serve you ads about our communities and offers. We may tell you about new features or updates. These might be third-party offers or products we think you might find interesting including home-related information, offers, periodic updates, advertising, homebuyer surveys, to request your participation in ratings, reviews, surveys, focus groups, or other initiatives which help us to gather information used to develop and enhance our products and Services, information on solar systems, telecommunications, alarms, smart home devices, and other information we believe will be of interest to our customers. These service providers are only allowed to use personal contact information for the purpose of providing the specific services requested by us. Marketing and advertising research and promotions: to assist us in determining relevant advertising and the success of our advertising campaigns; to help us determine where to place our ads, including on other websites; for promotional activities such as running sweepstakes, contests, and other promotions (and to contact you regarding a promotion, contest or sweepstakes in which you have participated), to enhance and improve our products and services, for example, by performing internal research, analyzing user trends, and measuring demographics and interests, to provide statistics about the usage levels of our online services and other related information to our service providers Understanding Consumer Interests. For example, we may use your information to better understand what home options, upgrades, and services, may interest you and customers like you based on information we collect about you and your household. |
Internet Usage Information Geolocation Data Identifiers |
|
Quality and Safety of Service: We may use your information to make our digital platforms, sales offices, model homes, design studios, and other products and services better. We may also use your information to customize your experience with us throughout the browsing, purchasing, and owning process. |
Identifiers Personal Records Customer Account Details/Commercial Information |
|
Short-term, transient use: including, but not limited to, non-personalized advertising shown as part of a Consumer’s current interaction with Company and use of our services’ features and functionality |
Internet Usage Information Sensitive PI (identification used for short term verification purposes) |
|
Research and analytics: to better understand how users access and use our services, both on an aggregated and individualized basis, to improve our services and respond to user preferences, and for other research and analytical purposes Market research and customer satisfaction surveys: to administer surveys and questionnaires, such as for market research or customer satisfaction purposes |
Internet Usage Information Identifiers |
|
Compliance with legal obligations: to comply with legal obligations, as part of our general business operations, and for other business administration purposes and in response to legal obligations or process, such as notifying you in the event of a data privacy incident or provide you with legally required information Prevention of illegal activities, fraud, injury to others, or violation of our terms and policies: to investigate, prevent or take action if someone may be using info for illegal activities, fraud, or in ways that may threaten someone’s safety or violate of our terms or this Notice Purposes disclosed at PI collection: We may provide additional disclosures at the time of PI collection, such as on a checkout page Related or compatible purposes: for purposes that are related to and/or compatible with any of the foregoing purposes |
Identifiers Personal Records Customer Account Details/Commercial Information Sensitive PI |
|
Cross-context Behavioral Advertising and Targeted Advertising (as explained in subsection 2(c) below), which may be treated as a Sale and/or Share under U.S. Privacy Laws. For the specific types of PI Sold or Shared for this purpose and the recipients thereof, see the first chart above. |
Internet Usage Information Identifiers |
More Information on our Disclosure of Your PI
We do not sell our mailing or contact lists to unaffiliated third parties for cash consideration. However, we reserve the right to do so in the future and accordingly provide you an opportunity to opt-out. In addition, New Home obtains your direction to disclose your email address and contact information to our selected service providers for home-related offers and other information we believe will be of interest to our customers, unless you indicated on a registration card or other material that you do not wish to be so contacted. From time to time, New Home may decide that it is more efficient to use Vendors to perform specific services, such as performing surveys or publishing reviews. If we use a Vendor to provide specific services, then information (such as contact information) may be shared with that party to the extent necessary for the Vendor to provide these services. These Vendors are only allowed to use Personal Information for the purpose of providing the specific services requested by New Home or otherwise permitted of a service provider or processor under U.S. Privacy Laws (e.g., security and fraud prevention).
New Home may Sell or Share PI to Third-Party Digital Businesses, as disclosed in the first chart above. For information on how you may opt-out of such Selling or Sharing of your PI, see the Do Not Sell/Share/Target section below.
Signing up for an interest list or submitting a contact form may result in follow up correspondence from a New Home representative. To unsubscribe from marketing emails, you may use the unsubscribe link at the bottom of our communications. You may remove your email address from our email marketing lists at any time by notifying us.
- Your Consumer Rights and How to Exercise Them
As described more below, subject to meeting the requirements for a Verifiable Consumer Request (defined below) and limitations permitted by applicable laws, Company provides California, Colorado, and Nevada Consumers the privacy rights afforded to them in their state of residence, to the extent applicable. For residents of states without Consumer privacy rights, we will consider requests but will apply our discretion with respect to and if and how we process such requests. We will also consider applying state law rights prior to the effective date of such laws, but will do so in our discretion.
To submit a request to exercise your Consumer privacy rights, or to submit a request as an authorized agent, use our Consumer Rights Request Form 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. If you submit your request by email, your email must originate from the same email address that we have in our records. Respond to any follow-up inquiries we make. Please be aware that we do not accept or process requests through other means (e.g., via fax, chats, social media etc.). More details on the request and verification process is in Section 2(g) below. The Consumer rights we accommodate are as follows:
(a) Right to Limit Sensitive PI Processing
We only Process Sensitive PI for purposes that are exempt from Consumer choice under U.S. Privacy Laws.
(b) Right to Know/Access
You are entitled to access PI up to twice in a 12-month period.
(1) Categories (available for California Residents Only)
California residents have a right to submit a request for any of the following for the period that is 12-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 Purposes or Commercial Purposes for our Collecting, Selling, or Sharing your PI.
- The categories of Third Parties to whom we have disclosed your PI.
- A list of the categories of PI disclosed for a Business Purpose and, for each, the categories of recipients, or that no disclosure occurred.
- A list of the categories of PI Sold or Share about you and, for each, the categories of recipients, or that no Sale or Share occurred.
(2) Specific Pieces
You may request to confirm if we are Processing your PI and, if we are, to obtain a transportable copy, subject to applicable request limits, of your PI that we have collected and are maintaining. For your specific pieces of PI, as required by applicable U.S. Privacy Laws, we will apply the heightened verification standards as described below. We have no obligation to re-identify information or to keep PI longer than we need it or are required to by applicable law to comply with access requests.
(c) Do Not Sell / Share / Target
Under the U.S. Privacy Laws there are broad and differing concepts of “Selling” PI for which an opt-out is required. California also has an opt-out from “Sharing” for Cross-Context Behavioral Advertising (use of PI from different businesses or services to target advertisements). Colorado has an opt-out of “Targeted Advertising” (defined differently but also addressing tracking, profiling, and targeting of advertisements). We may Sell or Share your PI and/or use your PI for Targeted Advertising, as these terms apply under U.S. Privacy Laws. However, we provide you an opt out of Sale/Sharing/Targeting that is intended to combine all of these state opt-outs into a single opt-out available regardless of state of residency.
Third-Party digital businesses (“Third-Party Digital Businesses”) may associate cookies and other tracking technologies that Collect PI about you on our services, or otherwise Collect and Process PI that we make available about you, including digital activity information. We understand that giving access to PI on our services, or otherwise, to Third-Party Digital Businesses could be deemed a Sale and/or Share under some state laws and thus we will treat such PI (e.g., cookie ID, IP address, and other online IDs and internet or other electronic activity information) collected by Third-Party Digital Businesses, where not limited to acting as our Service Provider (or Contractor or Processor), as a Sale and/or Share and subject to a Do Not Sell/Share/Target opt-out request. We will not Sell your PI, Share your PI for Cross-Context Behavioral Advertising, or Process your PI for Targeted Advertising if you make a Do Not Sell/Share/Target opt-out request.
Opt-out for non-cookie PI: If you want to limit our Processing of your non-cookie PI (e.g., your email address) for Targeted Advertising, or opt-out of the Sale/Sharing of such data, make an opt-out request here.
Opt-out for cookie PI: If you want to limit our Processing of your cookie-related PI for Targeted Advertising, or opt-out of the Sale/Sharing of such PI, you need to exercise a separate opt-out request on our cookie management tool here. This is because we have to use different technologies to apply your opt-out of cookie PI and to non-cookie PI. You can also access our cookie management tool by clicking on the “Your Privacy Choices” link on the footer of our website. Our cookie management tool enables you to exercise such an opt-out request and enable certain cookie preferences on your device. You must exercise your preferences on each of our websites you visit, from each browser you use, and on each device that you use. Since your browser opt-out is designated by a cookie, if you clear or block cookies, your preferences will no longer be effective and you will need to enable them again via our cookie management tool. Beware that if you use ad blocking software, our site footer “Your Privacy Choices” links may not appear when you visit our services and you may have to use the link above to access the tool.
Opt-out preference signals (also known as global privacy control or GPC): Some of the U.S. Privacy Laws require businesses to process GPC signals, which is referred to in California as opt-out preference signals (“OOPS”), which are signals sent by a platform, technology, or mechanism, enabled by individuals on their devices or browsers, that communicate the individual’s choice to opt-out of the Sale and Sharing of personal information. To use an OOPS/GPC, you can download an internet browser or a plugin to use on your current internet browser and follow the settings to enable the OOPS/GPC. We have configured the settings of our consent management platform to receive and process GPC signals on our website, which is explained by our consent management platform here. We process OOPS/GPC with respect to Sales and Sharing that may occur in the context of Collection of cookie PI by tracking technologies online by Third-Party Digital Businesses, discussed above, and apply it to the specific browser on which you enable OOPS/GPC. We currently do not, due to technical limitations, process OOPS/GPC for opt-outs of Sales and Sharing in other contexts (e.g., non-cookie PI). We do not: (1) charge a fee for use of our service if you have enabled OOPS/GPC; (2) change your experience with any product or service if you use OOPS/GPC; or (3) display a notification, pop-up, text, graphic, animation, sound, video, or any interstitial in response to the OOPS/GPC.
We do not knowingly Sell or Share the PI of Consumers under 16, unless we receive affirmative authorization (“opt-in”) from either the Consumer who is between 13 and 16 years old, or the parent or guardian of a Consumer who is less than 13 years old. If you think we may have unknowingly collected PI of a Consumer under 16 years old, please Contact Us.
We may disclose your PI for the following purposes, which are not a Sale or Share: (i) if you direct us to disclose PI; (ii) to comply with a Consumer rights request you submit to us; (iii) disclosures amongst the entities that constitute Company as defined above, or as part of a Corporate Transaction; and (iv) as otherwise required or permitted by applicable law.
(d) Right to Delete
Except to the extent we have a basis for retention under applicable law, you may request that we delete your PI. Our retention rights include, without limitation:
- to complete transactions and services you have requested;
- for security purposes;
- for legitimate internal Business Purposes (e.g., maintaining business records);
- to comply with law and to cooperate with law enforcement; and
- to exercise or defend legal claims.
Please also be aware that making a deletion request does not ensure complete or comprehensive removal or deletion of PI or content you may have posted.
Note also that, if you are a California resident, we may not be required to delete your PI that we did not Collect directly from you.
(e) Correct Your PI
Consumers may bring inaccuracies they find in their PI that we maintain to our attention and we will act upon such a complaint as required by applicable law. You can also make changes to your warranty online account in the account settings section of the account. That will not, however, change your information that exists in other places.
(f) Automated Decision Making/Profiling
We do not engage in Automated Decision Making or Profiling.
(g) How to Exercise Your Consumer Privacy Rights
To submit a request to exercise your Consumer privacy rights, or to submit a request as an authorized agent, use our Consumer Rights Request Form or call us at 1-833-459-0189. Our toll-free number is available from 8am to 5p Pacific Time, Monday through Friday other than national holidays. If you submit your request by email, your email must originate from the sam email address that we have in our records. Respond to any follow-up inquiries we make. please be aware that we do not accept or process requests through other means (e.g., via fax, chats, social media etc.).
(1) Your Request Must be a Verifiable Consumer Request
As permitted or required by applicable U.S. Privacy Laws, any request you submit to us must be a Verifiable Consumer Request, meaning when you make a request, we may ask you to provide verifying information, such as your name, e-mail, phone number and/or account information. We will review the information provided and may request additional information (e.g., transaction history) via e-mail or other means to ensure we are interacting with the correct individual. We will not fulfill your Right to Know (Categories), Right to Know (Specific Pieces), Right to Delete, or Right to Correction request unless you have provided sufficient information for us to reasonably verify you are the Consumer about whom we collected PI. We do not verify opt-outs of Sell/Share/Target or Limitation of Sensitive PI requests unless we suspect fraud.
We verify each request as follows:
- Right to Know (Categories) (available for California residents only): We verify your Request to Know Categories of PI to a reasonable degree of certainty, which may include matching at least two data points provided by you with data points maintained by us, which we have determined to be reliable for the purpose of verifying you. If we cannot do so, we will refer you to this Notice for a general description of our data practices.
- Right to Know (Specific Pieces) : We verify your request to know Specific Pieces of PI to a reasonably high degree of certainty, which may include matching at least three data points provided by you with data points maintained by us, which we have determined to be reliable for the purpose of verifying you together with a signed declaration under penalty of perjury that you are the Consumer whose PI is the subject of the request. If you fail to provide requested information, we will be unable to verify you sufficiently to honor your request, but we will then treat it as a Right to Know Categories Request if you are a California resident.
- Do Not Sell/Share/Target & Limit SPI: No specific verification required unless we suspect fraud.
- Right to Delete: We verify your Request to Delete to a reasonable degree of certainty, which may include matching at least two data points provided by you with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three data points provided by you with data points maintained by us, depending on the sensitivity of the PI and the risk of harm to the Consumer posed by unauthorized deletion. If we cannot verify you sufficiently to honor a deletion request, you can still make a Do Not Sell/Share/Target and/or Limit SPI request.
- Correction: We verify your Request to Correct PI to a reasonable degree of certainty, which may include matching at least two data points provided by you with data points maintained by us, or to a reasonably high degree of certainty, which may include matching at least three data points provided by you with data points maintained by us, depending on the sensitivity of the PI and the risk of harm to the Consumer posed by unauthorized correction.
To protect Consumers, if we are unable to verify you sufficiently we will be unable to honor your 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.
(2) Agent Requests
You may use an authorized agent to make a request for you, subject to our verification of the agent, the agent’s authority to submit requests on your behalf, and of you. You can learn how to do this by visiting the agent section of our Consumer Rights Request Form. Once your agent’s authority is confirmed, they may exercise rights on your behalf subject to the agency requirements of applicable U.S. Privacy Laws.
(3) Appeals
You may appeal Company’s decision regarding a request by following the instructions in our response to you.
(h) Our Responses
Some PI that we maintain is insufficiently specific for us to be able to associate it with a verified Consumer (e.g., clickstream data tied only to a pseudonymous browser ID). We do not include that PI in response to those requests. If we deny a request, in whole or in part, we will explain the reasons in our response.
We will make commercially reasonable efforts to identify Consumer PI that we Process to respond to your Consumer request(s). In some cases, particularly with voluminous and/or typically irrelevant data, we may suggest you receive the most recent or a summary of your PI and give you the opportunity to elect whether you want the rest. 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 applicable U.S. Privacy Laws 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, in response to a Consumer privacy rights request; however, you may be able to access some of this information yourself through your account if you have an active account with us.
- Non-Discrimination/non-retaliation
We will not discriminate or retaliate against you in a manner prohibited by applicable U.S. Privacy Laws for your exercise of your Consumer privacy rights. 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 PI.
- Notice of Financial Incentive Programs
We may offer discounts, rewards, giveaways, or other benefits (“Incentives”) from time-to-time to Consumers, such as our Buyer Referral Program for referrals and giveaways for engagements in our marketing programs. We may use your PI and/or your friends’ PI, such as name, phone number, or e-mail address, to administer the Incentives to you and to market our products. However, we do not condition your receipt of Incentives on the non-exercise of your privacy rights. You may opt-in to Incentives we may offer from time-to-time (“Program(s)”). Each Program may have additional terms, available on the Program page or at Program sign-up. The Incentives will be described in the Program page, or at Program sign-up. We generally measure the value of your PI collected in Programs by the cost of operating the applicable Program (excluding Incentive costs) and/or the cost of providing the Incentive. We deem the value of the PI to be reasonably related to the value of the Incentive, and by subscribing to these Programs you indicate you agree. If you do not, do not subscribe to the Programs. For any ongoing Programs, if you subsequently wish to withdraw from the Programs, the method for doing so will be explained in the Program terms. However, a deletion request will not delete Program PI to the extent it is necessary to document your participation in the Program or as necessary to maintain your participation in the Program. With respect to any Program that has ongoing benefits, if you desire to delete Program PI (other than for record keeping purposes) terminate your participation in the Program before making a Consumer deletion request.
- Our Rights and the Rights of Others
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 rights under U.S. Privacy Laws. In addition, we are not required to honor your requests to the extent that doing so would infringe upon our or another person’s or party’s rights or conflict with applicable law.
- Additional Notice for California Residents
In addition to the CCPA, certain Californians are entitled to certain other notices, as follows:
This Notice provides information on our online practices and your California rights specific to our online services. Without limitation, Californians that visit our online services and seek to acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:
(a) California Minors
Although our services are intended for an audience over the age of majority, any California residents under the age of eighteen (18) who have registered to use our services, and posted content on the service, can request removal by contacting us, detailing where the content is posted and attesting 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 we do not control.
(b) Shine the Light
California Civil Code § 1798.83 (California’s “Shine the Light” law) 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, If you are a California resident, you may request information about our compliance with the Shine the Light law by contacting us via e-mail at [email protected], or in writing at: The New Home Company Inc., 15231 Laguna Canyon Rd., Suite 250, Irvine, CA 92618 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.
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.
- Contact Us
If you have any questions, comments, or concerns about our privacy practices, please contact us by e-mail at [email protected], or call us at 1-833-459-0189. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include sensitive information in your e-mail correspondence with us.