Last Updated: July 2019

Privacy Policy Overview

Our website https://www.calwestliving.com and its related mobile software applications (collectively, our “Site”) is designed to familiarize you with the services of California West Communities and its affiliates, (collectively, “us”, “we”, “California West”, or “Cal West”).  We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (“Policy”). This Policy describes the types of information we may collect from you or that you may provide when you visit our Site and our practices for collecting, using, maintaining, protecting, and disclosing that information. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it.  If you do not agree with the terms of this Policy or other Terms of Use posted on this Site, which are expressly incorporated herein by reference and made a part of this Policy, your choice is not to use our Site.  By visiting, accessing, or using this Site, or otherwise interacting with us using electronic means, you agree to this Policy and agree that we may use your Personal Data as described herein.  This Policy may change from time to time to best meet the needs of Cal West’s users and to reflect changes in local, state and federal laws.  Your continued use of this Site after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates. Our Site is operated out of the United States but can be accessed worldwide. Residents of the European Economic Area (“EEA”), which includes the member states of the European Union, should consult the sections of this policy relating to the “Rights of EEA Residents” and “International Data Transfers” for provisions that may apply to them.

Information We Collect About You and How We Collect It

Personal Data In this Policy, “Personal Data” 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.  User-Provided Information: You may be required to provide Personal Data to access or use certain parts of our Site, or features of our Site, or our services, including without limitation, when you express an interest in or request updates about a property or a project, visit a sales office and complete a registration form, interact with a sales representative from Cal West or the applicable master developer, use a public posting forum, 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, or contact us with a comment, testimonial, question or complaint, etc.  Depending upon the nature of the transaction, the Personal Data collected may include your first and last name, billing, mailing, physical or shipping address, telephone number, email address, occupation, marital status, purchase and rental history, online activities (such as your website preferences), the type of device you use when visiting our Site, or other demographic information.  To be clear, only some of this Personal Data will be required depending on the situation, and the type and amount of Personal Data you provide will depend, in some cases, on your choice as to what you decide to provide to us.  If you do not provide the requested Personal Data, you may not be able to access or use the features of our Site or service where such information is requested. Emails and Social Media Sites: If you correspond with us by email, mail or via social media, we may retain the content of your communication or social media posting, the email or social media account address from which it is sent, and our response.  Content and other information in or related to emails sent by you to Cal West or postings on any of Cal West’s social media platforms, such as Facebook, Instagram and YouTube may be used as testimonials or for other marketing purposes in accordance with our Terms of Use. Third Parties: We may also collect Personal Data about you from other third parties who initially collected such data, such as demographic firms, social media sites, advertising networks, and master developers.  We use this Personal Data to make our services and marketing efforts more efficient and personalized for you and to contact you about projects about which you have expressed an interest or that we believe you may have an interest in. Anonymous Data Collected Automatically Whether or not you submit Personal Data, any time you visit our Site, we or our service providers may automatically collect, store or accumulate certain Device Information and Usage Data. “Device Information” is information relating to the computer or device you are using when you access our Site, such as your computer’s IP address, your mobile device identifiers (including Apple IDFA or an Android Advertising ID), the type of browser and operating system you are using, the identity of your internet service provider, and your device and browser settings. “Usage Data” is data related to your use of the Site such as the pages you visit, the sites you use before or after visiting ours, your actions within the Site, the type of content or advertisements you have accessed, seen, forwarded and/or clicked on, WiFi connections, date and time stamps, log files, and diagnostic, crash, website, and performance logs and reports. Device Information and Usage Data are collected through the following means: Cookies Information: When you visit the Site, we may send one or more cookies – a small text file containing a string of alphanumeric characters – to your computer, tablet or mobile device, that uniquely identifies your browser and lets us help you log in faster and enhance your navigation through the Site.  A cookie does not collect Personal Data about you.  Our Site, websites that may be linked through our Site, and third party technology used on our Site may use cookies for user authentication, promotional campaigns, keeping track of your information and preferences, and tracking other statistical usage information, such as time spent on a particular site or webpage and number of pages visited.  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 Site.  Persistent cookies 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.  However, some features of the Site or services may not function properly if the ability to accept cookies is disabled. Google Analytics: We use a tool called “Google Analytics,” a web analytics service provided by Google, Inc. (“Google”) to collect information about use of this Site.  Google Analytics collects information such as how often users visit our Site, what pages are visited, and what other sites were visited prior to coming to our Site.  We use the information we get from Google Analytics only to improve this Site. Google Analytics collects only the IP address assigned to you on the date you visit this Site, rather than your name or other identifying information.  We do not combine the information collected through the use of Google Analytics with personally identifiable information. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit this Site, the cookie cannot be used by anyone but Google.  Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.  You can prevent Google Analytics from recognizing you on return visits to this Site by disabling cookies on your browser, however, please note that if you do this you may not be able to use the full functionality of this Site. 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 our Site, 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 Site 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 Data 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 Site better for our users. Mobile Analytics: We utilize third party analytics technology in our mobile applications which tracks usage and interactions within our mobile applications.  This information helps provide insight into the use of such mobile applications and assists with our further improvement and development associated with the mobile application and Cal West.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data: 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 contact you directly (via email, text message, postal mail, or telephone) regarding specific properties or other offerings about which you have requested updates. To process registration requests when you register for our programs or services, or otherwise administer your participation in our programs or services. To report visitor and/or purchaser information to the master developer of a community you have visited or expressed an interest in. 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 register you for, and otherwise administer, a promotion, contest, sweepstakes, survey, incentive program or other feature. To respond to your questions, requests, comments or complaints and determine your satisfaction with our programs and services. To provide you with other information, products, or services that you request from us. To notify you about changes to our Site or any services we offer or provide through it. To prevent, detect or investigate any fraudulent, abusive or illegal act. In connection with any employment inquiry or application for employment you submit, to obtain background information about you and manage your relationship with Cal West. In any other way we may describe when you provide the information. We also use your Personal Data for our everyday business purposes such as security, analytics, optimization, operations, fraud detection and prevention, reporting, making back-ups and legal compliance. Cal West 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. We use Device Information and Usage Data to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Site; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our Site and services; (d) monitor aggregate metrics such as the total number of visitors and traffic to particular pages or properties; (e) diagnose or fix technology problems reported by our users or engineers that are associated with the IP addresses controlled by a specific web company or ISP; and (f) help you efficiently access information. User Content: Any Personal Data or content you voluntarily post, publish or otherwise disclose for posting to the Site or any related social media sites (referred to herein as “User Content”) may become available to the public.  User Content includes, but is not limited to, testimonials, reviews, comments, photos, videos, etc.  Keep in mind that if you choose to post any User Content that includes Personal Data (including in your username), you may be revealing such Personal Data to the public. If you do not wish for your Personal Data to be disclosed to the public, you should not include any Personal Data in your postings, or you should refrain from using any chatrooms or posting boards.  By using Cal West’s chatrooms or posting boards, you acknowledge that Cal West has no control over what third parties may do with your User Content. Cal West reserves the right, but has no obligation, to monitor the User Content you post on the Site.  Cal West has the right to remove any such information or material for any reason or no reason including, without limitation, if in its sole opinion, such information or material violates, or may violate, any applicable law or our Terms of Use, or to protect or defend Cal West’s rights or property or those of any third party.  Cal West also reserves the right to remove information upon the request of any third party. Cal West 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 Site is used, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions. If you post any reviews or testimonials to our Site or any related social media sites, we have the right to include your post on our Site or in any advertising or promotion of our products and services.

How We Share Your Information

Personally Identifiable Information: In certain circumstances, we may share your Personal Data with our trusted partners as described below. Third-Party Service Providers: We contract with companies, contractors or individuals that provide administrative and support services to us such as webhosting, web analytics (including analysis of online activity over time and across websites), mailing, emailing, and other communications, marketing, administering our programs and operations, fulfilling your requests and orders, administering promotions and surveys, data management, or processing any other information on our behalf to provide services available at our Site.  We may store Personal Data in locations outside the direct control of Cal West (for instance, on servers or databases co-located with hosting providers).  These service providers only receive Personal Data, if such information is needed to perform their function(s) or services, and they are not authorized to use any Personal Data for any purpose(s) other than the purpose(s) set forth by Cal West. Parties Related to your Transaction or Potential Transaction. We may also share your Personal Data with other third party companies to help facilitate your transaction with us or assist you before, during or after a purchase.  For example, we may share your Personal Data with lenders or other financial service providers to ensure you qualify for a purchase or to assist you with financing on a purchase.  We may also share your Personal Data with the master developer of the relevant community so that it can provide you with information about other developments within that community.  We may share your Personal Data with the applicable homeowners associations and/or condominium associations and their agents.  Finally, if necessary, we may provide your contact information to third party service providers (such as electric utility providers, gas companies, painters, land developers and telecommunications providers) who may be able to assist you with certain needs you may have, or issues that may arise, before or after your purchase.  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, Cal West may share your Personal Data 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. Compliance with Law and Fraud Protection: We may, and you authorize us to, use and disclose any information: (1) we deem necessary, in our sole discretion, to comply with any applicable law, regulation, governmental request or legal process served on us or our affiliates; (2) to investigate, prevent or take action regarding suspected or actual illegal activities and to resolve consumer disputes or inquiries; (3) to enforce our Terms of Use, take precautions against liability, investigate and defend ourselves against any third-party claims or allegations, assist government enforcement agencies, or protect the security or integrity of our Site; (4) to exercise or protect the rights, property, or personal safety of Cal West, our users or others; (5) to other companies and organizations for consumer reporting, credit fraud protection and risk reduction; and (6) to enforce any agreement we have with you. Business Transfer or Sale: As we develop our business, we may buy or sell 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, dissolution, joint ventures or reorganization. We fully cooperate with law enforcement agencies in identifying those who use our Site 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 Data 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 or transfer Device Information and Usage Data in aggregated, anonymized form with or to our affiliates, licensees, partners and service providers for administrative, analytical, research, optimization, and security purposes, but no such information will be linked with your Personal Data or be used to identify or contact you.

How We Protect Your Information

The security of your Personal Data is important to us and Cal West uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Data consistent with industry standards. Please remember, however, 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 Data, we cannot ensure or warrant the absolute security of any information you transmit to Cal West or the Site, and you do so at your own risk.  Once we receive your transmission of information, Cal West 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 Data and privacy, we cannot guarantee the security of any information you disclose online.

Compromise of Personal Data

In the event that Personal Data is compromised as a result of a breach of security, Cal West will promptly notify those persons whose Personal Data has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.

Links to Other Sites and Social Media

Portions of our Site may provide links to third party websites, which websites have their own privacy policies.  We are not responsible for the practices employed by these third party websites linked to or from our Site 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.  Cal West may provide links to other websites to you solely as a convenience, and the inclusion of linked sites does not imply endorsement by Cal West of any of the linked sites.  Please remember that when you use a link to go from our Site 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 our Site, 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 Data if you visit websites not belonging to Cal West.  We further reserve the right to terminate a link to a third party site at any time. We sometimes use third party social media content we obtain from social media platforms such as Twitter, Pinterest, Facebook and Instagram on our Site.  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 Cal West 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 our Site or our social media platforms to promote our Cal West 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.

Targeted Advertising

We engage certain third party ad networks to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may utilize cookies (including within the ads) to collect Device Information and Usage Data from you such as your IP address, web browser, pages viewed, time spent on pages, how you use our Site, any links you click on, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content or products, measure the effectiveness of ad campaigns, determine the proper amount of repeat views of a given ad, and deliver advertising and content targeted to your interests on our websites and other websites (also known as “interest-based advertising”). To learn more about advertising networks and interest-based advertising, visit the Digital Advertising Alliance at www.aboutads.info/choices or the Network Advertising Initiative at www.networkadvertising.org/choices.

Notification Procedures

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 our Site page, as determined by Cal West in its sole discretion.  By providing Cal West your email address, you consent to our use of your email address to send you Site and service-related notices, including any notices required by law, in lieu of communication by postal mail provided that 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

At various times during your use of the Site, you may be presented with the ability to request to receiving newsletters, emails, push notifications or other communications from us, including those about projects you are interested in and other communications that are promotional in nature.  If you do not want to receive such communications, do not opt in.  Alternatively, if you initially decide to receive communications from us but at a later date wish to remove your information from our database, you can do so by using the unsubscribe link at the bottom of our communications.  You may also at any time opt out of receiving communications from us by emailing info@CalWestLiving.com and noting “OPT OUT” in the subject line of your email.  Opting out may prevent you from receiving email messages regarding updates, improvements, promotions or offers.  Please note that even if you unsubscribe or opt out from our communications, we may still need to contact you with important information related to your account and your purchases.  For example, even if you have unsubscribed from our promotional emails, we will still send you required legal notices or alert you to changes to our Terms of Use or Privacy Policy. To the extent you are receiving SMS Messaging from Cal West, you may opt out by replying to any message we send you with the word “STOP” or by contacting us at the phone number 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. NOTE: Please allow up to ten (10) business days for us to process your request.  We may continue to send you transactional or operational communications. You can ask to review, update or make changes to the Personal Data 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.

Children Under the Age of 13

Our Site contains general information and is not intended for nor directed toward children under 13 years of age.  We do not knowingly collect Personal Data from children under 13. If you are under 13, do not use or provide any information on this Site or on or through any of its features, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number or email address.  If we learn we have collected or received Personal Data from a child under 13 without verification of parental consent, we will delete that information.  If you believe that we might have any information from or about a child under 13, please contact us at info@CalWestLiving.com.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our Policy on this page.  The date the Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Policy to check for any changes.

IMPORTANT INFORMATION FOR NON-US RESIDENTS

Rights of EEA Residents This section of the Privacy Policy is applicable to residents of the EEA, which consists of the member states of the European Union.  This section also applies to residents of Switzerland and, in the event of its departure from the EU, residents of the United Kingdom.   Residents of the EEA, UK and Switzerland are referred to here as “EEA Residents.” From May 25, 2018, all processing of Personal Data of EEA Residents is performed by us in accordance with the General Data Protection Regulation (2016/679) of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons regarding the processing of Personal Data and on the free movement of such data (“GDPR”). Under the GDPR, we are both the controller and a co-processor of the Personal Data of EEA Residents. Our purpose for collecting and processing Personal Data from EEA Residents is to provide them with the features and functionalities of our Site and information regarding our Site and services.  The legal basis for collecting Personal Data is to fulfill the purposes of your requests, provide you with the services you’ve requested and make available the Site and its related features and functionality. We also rely on your consent to receive information about our Site.  You may withdraw consent from receiving marketing and promotional communications by clicking the “Unsubscribe” link on the communication or sending an e-mail to info@CalWestLiving.com with the subject line “Opt Out.”  If EEA Residents do not provide Personal Data to us or withdraw consent for processing such Personal Data, we may not be able to provide such residents with certain features or functionalities of the Site or information regarding the Site. EEA Residents may obtain information about the Personal Data that we hold about them by contacting us at info@CalWestLiving.com. International Data Transfers If you are resident outside the United States, including in the EEA, we transfer Personal Data provided to you for processing in the United States.  Under the GDPR, we are considered a “controller” and a “co-processor” of the Personal Data of EEA Residents.  By providing Personal Data to us for the purpose of using the Site, you consent to the processing of such data in the United States.  The transfer of your Personal Data to the United States is necessary for the performance of a contract between you and us for your use of the Site.  Please note that the United States does not have data protection laws equivalent to those in the EEA and other jurisdictions.

IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS

Your California Privacy Rights California Civil Code Section 1798.83 permits users of our Site that are California residents to request and obtain from us a list of what Personal Data (if any) we shared with third parties or corporate affiliates for those entities’ direct marketing purposes in the preceding calendar year, and the names and addresses of those third parties.  Requests may be made only once a year and are free of charge. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: California West Communities, 5927 Priestly Drive, Suite 110, Carlsbad, CA 92008 Attn: General Counsel. For all requests, you must put the statement “California Privacy Rights Notice” in the body of your request, as well as your name, street address, city, state, and zip code.  You also need to attest to the fact that you are a California resident and provide a current California address for our response.  Please note that we will not accept requests via telephone, email, or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information. 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.

Disclaimer

Although our Site is accessible throughout the world, our Site is designed for and targets U.S. audiences, and is governed by and operated in accordance with the laws of the United States. Cal West products, services and offers may not be available in your state or community.  The information on our Site is not an offer of products or services where Cal West is not doing business or where prohibited by law.  We make no representation that our Site is operated in accordance with the laws or regulations of, or governed by, other nations, and we do not warrant or imply that our Site or content/materials on our Site are appropriate for use outside of the United States.

Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, your dealings with this Site, or wish to update us with your preferences, you may contact us using one of the following methods:

• Call: 760-918-6768
• Email: info@CalWestLiving.com
• Send mail to: 
  California West Communities
  Attn: General Counsel
  5927 Priestly Drive, Suite 110
  Carlsbad, CA 92008