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Privacy Policy

 

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

 

This Privacy Policy (this “Policy”) describes and applies to the information we collect from you when you visit the Estrella website (“Site”). NNP III-Estrella Mountain Ranch, LLC; NNP III-EMR 3, LLC; NNP III-EMR 4, LLC, its affiliates and assigns (collectively referred to as “Developer,” “our,” or “we”) respects and values your privacy. Developer is the owner and developer of Estrella (the “Community”). The use of the terms “you” and “your” refer to you, a patron and user of this Site.

 

This Policy is an extension of Developer’s commitment to combine quality products and services with integrity, when you provide Personal Information (as defined below) to us through use of or the submission of information to this Site. This Policy does not apply to information we have obtained or may obtain offline or through other traditional means and only applies to that information, including Personal Information (as defined below), provided in connection with your use and navigation of this Site or through the submission of such information at the Community.

 

Personal Information and How We Collect It
When you visit and interact with this Site, we receive and collect certain information, including but not limited to. Some information that identifies you as an individual (“Personal Information”). Personal Information collected may include your name, Internet Protocol (“IP”) address, street mailing address, e-mail address, telephone number and other information, including information about your personal or business demographics, and your home purchasing preferences or interests. In addition, we may ask you to enter an ID, password or similar data when you access this Site, so we can verify your right to access portions of this Site. Personal Information is gathered when you participate in the Community’s activities, focus groups, interviews, sweepstakes, and other promotions (which are subject to their own official rules). We also collect Personal Information about you to the extent that you provide it to us online (including, but not limited to, filling out forms on this Site or by submitting such information in an e-mail message) and offline (including by way of illustration, filling out a comment card or by registering for information concerning amenities at the Community). In no event do we require that you submit any personally identifiable information and it is inherent in this Policy that you provide your Personal Information to us voluntarily through any means we collect it, including by use of this Site.

If you voluntarily provide, or have provided, information to us in other contexts, such as while visiting the Community, or to one of our marketing or technology vendors, such as by scheduling a showing or responding to a survey, we may obtain and associate that information with the information you provide to us through this Site. We may also obtain Personal Information about you provided to us by your friends, associates, co-workers, or anyone endeavoring to provide your information through this Site which may or may not include your name and e-mail address. This Site allows visitors to send information about the Community to others via e-mail. If you choose to tell a friend about the Community, we will ask you for your friend's name and e-mail address. We may elect not to send the e-mail in certain circumstances in our discretion (e.g., if the e-mail contains inappropriate or inaccurate information or content). We store your friends' Personal Information for the purposes of sending these e-mails, tracking statistics regarding our referral program and promoting the Community. Your friend may contact us, in writing, at: estrella@newlandco.com, or at the mailing address below, to request that we remove their Personal Information from our database.

 

We are committed to complying fully with the Children's Online Privacy Protection Act. Accordingly, the contents of this Site are not intended to be directed to or collect information from minors and is intended only for credit-worthy adults who are of the age of majority and are interested in purchasing real estate in the Community. By accessing and using the features available on this Site you represent and warrant to us that you are eighteen (18) years of age or older.

 

How We Use the Personal Information Collected
Our goals in collecting Personal Information from you include: (i) providing you with information about the Community such as: available product lines, phase releases, pricing, amenities, upgrades and enhancements, community events and other information we deem you may find of interest; (ii) supporting business purposes, and community planning endeavors, that we believe are reasonable and consistent with fair business practices, including where necessary for us to protect or enforce our legal rights, or when we believe that the law requires it; and (iii) notifying you if you are a winner of a promotional program, or to provide any information regarding any promotion or incentive program, that you have participated in or shown interest in. Additionally, we also use your Personal Information to determine other information that may be delivered to you that may be targeted to your interests, preferences, or business demographics as well as determining what periodic marketing, promotional and other notices to provide to you. You may, at any time, choose to not receive communications from us by "opting out" or “unsubscribing” from specific mailing lists and services by sending a written request to our Marketing Department by e-mail at: estrella@newlandco.com, or at the mailing address listed below.

 

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

 

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

 

“Do Not Track” Signals
At times, we may use third-party vendors to serve online advertisements. These vendors may use information about your visits to this Site in order to provide advertisements to you about goods and services of interest to you. In doing so, we, or these third-party vendors, may use cookies, tracking pixels, clear gifs, pixel tags, web bugs, or other technologies to track and collect data about you, including demographic information and your internet browsing habits. We use this information for our own marketing purposes, including but not limited to, creating online advertisements tailored to you. Similarly, homebuilders that are unaffiliated with Developer and are active in the Community (“Builders”) may at times be allowed to use cookies, tracking pixels, clear gifs, pixel tags, web bugs or other technologies on this Site to track and collect data about you, including, but not limited to, your internet browsing habits. Builders use such information for their own marketing purposes including creating online advertisements tailored to you. All third-party vendors and Builders have their own tracking technologies and policies for handling Do Not Track signals and methods for opting out of the collection of Personal Information. We do not control any third-parties’ (including Builders’) tracking technologies or how they may be used. Such policies should be reviewed to the extent you receive any unwanted advertisements.

 

How We Share Personal Information
Information we collect, including any Personal Information, may be utilized by us in any manner we deem reasonable and consistent with fair business practices, including but not limited to, the promotion of our own or others’ goods and services and as necessary to operate features on this Site. We may disclose your Personal Information to Builders, our affiliates and assigns, to consultants and to third parties with whom we have a business relationship. We may also disclose your Personal Information to third parties as we deem necessary or desirable to provide products and services that you have requested. Your Personal Information may also be disclosed to third parties, including advertisers and investors, on an aggregate basis and in a manner that does not reveal the personal identity of you or your business. For real estate professionals who are participants in our incentive programs, we may disclose your Personal Information to a shipper, if applicable, so that any incentives, premiums, rewards, or prizes that you have earned may be delivered to your home or business. We may also disclose your Personal Information as we believe is reasonably necessary to comply with law, regulation or other governmental authority. Finally, we may disclose your Personal Information upon a transfer or sale to another entity of all or a portion of our stock or assets to which this Policy relates, or upon any other corporate reorganization.

 

Retention and Protection of Personal Information
Generally, we retain the Personal Information that we collect electronically on our server(s) or in our archives for as long as we reasonably need it. We may alter this practice according to legal and business requirements. For example, we may shorten the retention period for certain Personal Information if needed to free up storage space, and we may lengthen the retention period for other Personal Information if needed to comply with privacy standards or applicable law.

 

We establish and maintain certain practices to help protect the confidentiality, security and integrity of electronic Personal Information stored on our systems. Notwithstanding the foregoing, no computer system is completely secure, and while the measures we implement are intended to reduce the likelihood of security problems, there is no warranty or guarantee that our standard security measures will prevent access to your Personal Information. While we endeavor to maintain appropriate physical and electronic procedures and safeguards to protect information collected from this Site, we cannot and do not guarantee the confidentiality of any information that you disclose online and transmit to us, and you understand that you do so at your own risk. It is not our intention to collect any credit card, financial or similar information on any visitors to this Site, nor will we ask for social security numbers, taxpayer identification numbers or any similar such information. If you are ever asked to provide such information, it will not be from Developer and you are cautioned that such information should not be provided online under any circumstances other than using credit cards to purchase goods from secure websites which also can be subject to compromise.

 

How to modify your Personal Information
You may modify or update your Personal Information by sending an e-mail to our Customer Service Department at: estrella@newlandco.com. Data management requests are administered in an orderly manner to the extent feasible and within our direct control and response times will vary depending on our workload and the number of requests.

 

Access and Use of Site Provided “As Is”
USE OF THIS SITE IS PROVIDED “AS IS” AND WITH “ALL FAULTS”, FOR INFORMATIONAL PURPOSES AND AS AN ACCOMMODATION AND COURTESY ONLY, AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL DEVELOPER BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH REGARD TO THE USE OF THIS SITE, FOR ANY SUSPENSION OR TERMINATION OF THE OPERATION OF THIS SITE OR YOUR ABILITY TO ACCESS AND USE THIS SITE WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF DEVELOPER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU EXPRESSLY AGREE THAT ANY ACCESS AND USE OF THIS SITE BY YOU IS AT YOUR SOLE RISK, RESPONSIBILITY, EXPENSE, AND LIABILITY.

 

Revisions to this Policy
Developer reserves the right to revise this Policy at any time without notice by updating this posting on this Site. You agree that your continued use of this Site after such modifications have been made constitutes your acceptance of such revised Policy.

 

Compliance with Federal and State Privacy Rights
We are committed to upholding our obligations under applicable federal and state law to protect your online privacy rights. As such, this Policy and all of the collection, storage, disposal, handling of unauthorized access to, and destruction of Personal Information and the marketing materials that may result from the use of that Personal Information shall comply with the requirements of federal law, including, the CAN-SPAM Act of 2003 and similar such state laws. These laws change frequently and we will adjust our practices accordingly.

 

Your California Privacy Rights
California Civil Code Section 1798.83 permits users of this Site that are California residents to request certain information, free of charge, regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact us, in writing, via e-mail at: estrella@newlandco.com, or to the mailing address below. Please allow us a reasonable period of time in order to satisfy your request.

 

Additional Disclosures to Residents of the European Economic Area
If you reside in the European Economic Area (“EEA”) (comprised of the European Union and the European Free Trade Association) Developer generally acts as the data controller of information you submit through this Site. Each member state of the EEA has established one or more independent public authorities responsible for monitoring the application of the General Data Protection Regulation (each a “Supervisory Authority”), in order to protect the fundamental rights and freedoms of natural persons in relation to data processing and to facilitate the free flow of personal data within the EEA. If you are residing within the EEA and have any complaints regarding our privacy practices as data controller, you have the right to make a complaint at any time to your local Supervisory Authority. Notwithstanding the foregoing, Developer would appreciate the opportunity to address any concerns you may have prior to the submission of any complaint to your local Supervisory Authority. If you are situated in the EEA and have a complaint, please contact us at: estrella@newlandco.com, or by writing us at the mailing address listed below.

 

Legal Basis for Processing Your Personal Data
The following are the types of legal basis that Developer will rely upon to process your personal data:

 

•  Legitimate Interest-Means the interest of our business in conducting and managing our business to enable us to provide you with the best service and secure experience. As a matter of course, we consider and balance any potential impact on you and your rights before processing your personal data for our legitimate interests. Developer does not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law).

•  Performance of Contract-Means processing your data where it is necessary for the performance of a contract to which you are a party to take steps at your request before entering such a contract.

•  Comply with Legal Obligations-Means processing your personal data where it is necessary for compliance with a legal or regulatory obligation.

 

Change of Purpose
Developer will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us at estrella@newlandco.com, or by writing us at the mailing address listed below. If Developer needs to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

 

EEA Resident Rights
You have the right to request access to your personal data, and to request the correction, removal or deletion of personal data we hold about you. In addition, you may object to processing of your personal information, ask us to restrict the processing of your personal information or request portability of your personal information. You have the right to "opt-out" of marketing communications we send you by clicking on the "unsubscribe" or "opt-out" links in the e-mails we send you. Furthermore, if we have collected and processed your personal information with your consent, then you may withdraw your consent at any time. Note, however, that withdrawing your consent shall not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information in reliance on lawful processing grounds other than consent.

 

Developer responds to all requests within a reasonable time from individuals desiring to exercise their data protection rights in accordance with applicable data protection laws. Nevertheless, we reserve the right to archive information we deem necessary to comply with our legal obligations, resolve disputes and enforce our contracts. You will not have to pay a fee to access your personal data (or to otherwise exercise any of the aforementioned rights). However, Developer may charge a reasonable fee if your request is unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request under these circumstances. As a security measure, we may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data or any of the aforementioned rights.

 

General Provisions
The exclusive jurisdiction and venue for any claims arising out of or related to this Policy or your use of this Site will lie in the state or federal courts located in Maricopa County, Arizona, and you irrevocably agree to submit to the jurisdiction of such courts. The failure of Developer to enforce any right or provision in this Policy will not constitute a waiver of such right or provision unless acknowledged and agreed to by Developer in writing. In the event that a court of competent jurisdiction finds any provision of this Policy to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect.

 

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

 

Marketing Department
Estrella
4790 Eastgate Mall, Suite 150
San Diego, CA 92121
858-455-7503

 

COPYRIGHT © NNP III-Estrella Mountain Ranch, LLC; NNP III-EMR 3, LLC; NNP III-EMR 4, LLC. 2019 All rights reserved.