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PRIVACY POLICY

LAST MODIFIED / EFFECTIVE DATE: AUGUST 1, 2020

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NOTICE: RANCHO MISSION VIEJO DOES NOT – AND WILL NOT -- “SELL” PERSONAL INFORMATION OF CONSUMERS.
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The Rancho Mission Viejo Privacy Policy (“Privacy Policy”) has been updated and describes the privacy practices of Rancho Mission Viejo, LLC, its affiliates and subsidiaries (collectively, the “Company,” “us” or “we”) in relation to the Company’s receipt, use and sharing of personal information that is collected through:

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  • the Rancho Mission Viejo website (www.ranchomissionviejo.com) and all other websites and mobile applications operated, maintained and/or managed by the Company (said websites and mobile applications individually and collectively referred to in this Privacy Policy as the “RMV Website”);

  • personal dealings with the Company;

  • interactions with neighborhood builders; and

  • utilization of other data resources and processes.

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The following Table of Contents has been prepared to facilitate your review and use of this Privacy Policy. Please click on any subparagraph heading below to immediately access the identified topic:

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  1. Introduction

  2. Scope of Privacy Policy; Acceptance

  3. Personal Information That We Collect

  4. Use and Disclosure of Personal Information

  5. Company’s Use of Collection Technology and Analytics Services

  6. Protection of Personal Information

  7. Links to Third Party Websites

  8. Correction of Personal Information; Right to Opt-Out

  9. Children

  10. Notice to California Residents – Your Privacy Rights

  11. Privacy Policy Effectiveness

  12. Changes to Privacy Policy

  13. Governing Law

  14. Questions or Concerns

 

1. INTRODUCTION

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The Company respects your privacy and is committed to treating your personal information responsibly. To that end, we have developed this Privacy Policy to provide full disclosure concerning our collection, use and sharing of information that is gathered about you. This Privacy Policy describes, among other things: (i) the types of information collected about you and the sources thereof; (ii) how your information may be used and when it may be disclosed; (iii) how you can control the use and disclosure of your information; and (iv) how your information is protected.

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Trust is a cornerstone of the Company’s mission, and we are committed to gaining and maintaining your trust by following the privacy and security principles that are set forth in this Privacy Policy. However, it is important to recognize that “perfect information security” does not exist in the world. Therefore, although we endeavor to maintain appropriate physical and electronic procedures and safeguards to protect all personal information that is collected about you, we cannot guarantee the absolute confidentiality of such information.

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Should you have any questions regarding this Privacy Policy, or if you believe that we are not abiding by this Privacy Policy, please contact the Company’s Privacy Administrator at the address set forth in Section 14, below.

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2. SCOPE OF PRIVACY POLICY; ACCEPTANCE

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This Privacy Policy applies to all personal information that the Company collects and receives about you. The Company may receive or obtain personal information about you from a number of sources and in a number of different ways, including:

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  • direct disclosure by you (e.g., as a result of your personal interaction with the Company and its representatives, or your interaction with the RMV Website); and

  • indirect disclosure by you (e.g., as a result of your dealings with neighborhood builders who share information with the Company, or your posting of information using social media).

 

Each time you provide information to the Company (whether directly or indirectly), you are consenting to the Company’s retention and use of such information in accordance with the terms hereof. With specific reference to the RMV Website, each time you access, use or browse the RMV Website, you signify your acceptance of the Privacy Policy (in its then-current form). If you do not accept this Privacy Policy, you are not authorized to use the RMV Website and must discontinue use of the RMV Website immediately.

 

3. PERSONAL INFORMATION THAT WE COLLECT

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In connection with the Company’s business and activities, we collect two (2) types of personal information: “Identifying Information” and “Non-Identifying Information”.

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  1. Identifying Information. Identifying Information is personal information that tells us specifics about you. The types of Identifying Information that we may collect include, without limitation: your name and contact information (such as your postal address, zip code, phone number or e-mail address); your gender; your date of birth; your profession and place of business; the number and/or ages of members of your household; whether you rent or own your current domicile; your areas of interest on the RMV Website; name of your real estate agent and/or other individual who referred you to the Rancho Mission Viejo; information about the type of properties you are interested in and other general information relating to product preferences; if (and when) you are planning to move from your current domicile; personal interests; household income; address, purchase price, options and upgrades purchased (if any) and date of purchase / closing for any residence you buy within the Rancho Mission Viejo planned community; your image; your voice; and your geolocation.

 

Identifying Information is collected by the Company in several ways, including:

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  • Through your uploading of information to the RMV Website;

  • Through your in-person contact with Company representatives and/or agents (for example, your visits(s) to the Company’s visitor center and your provision of responses to questions or questionnaires presented by the Company’s agents or representatives);

  • Through your response to polls, invitations, sweepstakes notices and other materials distributed by the Company;

  • Through forms mandated by law (for example, your completion and submission of an I.R.S. W-9 form in connection with your winning of a sweepstakes);

  • Through your provision of comments and/or feedback to the Company (whether through the RMV Website or through direct communication with Company representatives or agents);

  • Through your use of mobile phones and other devices which reflect your geophysical location;

  • Through pages maintained on social media platforms (such as LinkedIn™, Twitter™ and Facebook™);

  • Through neighborhood builders (for example, information regarding your purchase of a new home within the Rancho Mission Viejo planned community);

  • Through your responses to surveys and questionnaires prepared by the master homeowners association / management company for the Rancho Mission Viejo; and

  • Through public records (for example, recorded instruments appearing in the official records of local jurisdictions, or in court records).

  • Non-Identifying Information. Non-Identifying Information refers to data and information that does not personally identify you as the individual to whom the data or information relates. Non-Personal Information may include, without limitation:

  • The Internet Protocol (IP) address from your computer or other device;

  • Your media access control (MAC) address;

  • Information derived through Collection Technology (see Section 5.A, below);

  • The type of computer (or other device) you use, and the operating system you use (e.g., Microsoft Windows™ or Mac OS™);

  • The type of Internet browser you use (e.g., Internet Explorer™, Google Chrome™ or Safari™);

  • The domain name of your Internet Service Provider;

  • Your activities while visiting or using the RMV Website (including the content you access or view, the time of your visit to or use of the RMV Website, and the pages you visit and the time spent on such pages); and

  • Information regarding your Internet location when you see the Company’s ads and whether you click on such ads.

 

The Company automatically receives and records Non-Identifying Information on our server logs from your browser, as well as through other analytics in relation to the RMV Website. We may also obtain Non-Identifying Information about you either directly or through inference from social media platforms, third parties and other lawful sources.

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Please note that the Company may combine Identifying Information about you with information available from other sources (e.g., social media platforms, analytics services [see Section 5.B, below], offline records or publicly available information). If the combined information is maintained, used or shared by the Company in a manner that associates it with your name or contact information, we will treat such information as Identifying Information.

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4. USE AND DISCLOSURE OF PERSONAL INFORMATION
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The information we collect will vary depending upon how you use the RMV Website and how you interact with the Company (both directly and indirectly). Similarly, our use and disclosure of the collected information will vary depending on the type of information we receive – i.e., Identifying Information vs. Non-Identifying Information.

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  1. Use of Identifying Information. The Company may use your Identifying Information to:

  2. Carry out the purposes for which you provided the information to us (e.g., provide your contact information to neighborhood builders to enable them to follow-up with you on your requests, or use your information to complete your registration for an event sponsored by the Company, or to complete your request for entry into a sweepstakes sponsored by the Company [or to notify you in the event you are the winner of a sweepstakes]);

  3. Calculate benefit fees and other charges that you and/or your neighborhood builder may owe in connection with your purchase of a home within the Rancho Mission Viejo planned community;

  4. Keep you apprised of events, information and developments regarding the Company’s activities (as well as other items that you may find of interest);

  5. Customize the content or functionality of the RMV Website to your preferences;

  6. Communicate with you regarding your pending (or potential) acquisition of a home within the Rancho Mission Viejo planned community;

  7. Inquire as to whether you would like to receive any additional information regarding the Company’s products, services, planning areas and neighborhood builders;

  8. Forward or otherwise provide updates, announcements and newsletters regarding the Company’s products, services, planning areas and neighborhood builders; and

  9. Respond to your communications and questions.

 

The Company may intentionally disclose your Identifying Information only in the following instances:

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  1. Disclosures to Which You Have Consented. The Company may disclose your Identifying Information if you have consented (whether expressly or implicitly) to said disclosure. By way of example only, if (i) you elect to participate in a sweepstakes sponsored by the Company and (ii) the official rules of the sweepstakes declare that the Company may publish the names of (and other information regarding) the sweepstakes entrants and/or winners, then, by virtue of your decision to participate in the sweepstakes, you are deemed to have consented to the official rules and the disclosure of your Identifying Information in accordance with the rules.

  2. Disclosures to Trusted Third Parties. The Company may provide your Identifying Information to trusted operators who work on behalf of or with the Company, provided that (i) the disclosure is necessary or otherwise convenient in connection with assisting the Company in its operations and (ii) said trusted operators work under confidentiality or similar agreements.

  3. Disclosures under Special Circumstances. The Company may store and disclose your Identifying Information (i) as allowed or required by applicable law (including making disclosures in order to respond to subpoenas, court orders or legal process) and (ii) to establish or exercise our legal rights or defend against legal claims as necessary or advisable to protect the rights, safety or property of the Company or others and to conform to legal or regulatory requirements. Additionally, we may store and disclose your Identifying Information when we believe it is necessary to share such information in order to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the RMV Website TERMS OF USE, or as otherwise required by law.

  4. Non-Identifying Information. The Company may use your Non-Identifying Information in several ways including, but not limited to:

  5. Administration of the RMV Website;

  6. Improvement of the RMV Website (including improving your navigation of the RMV Website upon your return visit);

  7. Improvement of the products and services offered by the Company (including activity planning);

  8. Analysis and development of advertisements and advertising campaigns;

  9. Providing special offers and promotions (and determinations regarding their effectiveness);

  10. Customization of the content or functionality of the RMV Website to suit user preferences; and

  11. Analysis of trends and usage of the RMV Website.

 

The Company may disclose your Non-Identifying Information to employees, consultants and other professionals who we reasonably believe need such information in order to perform the tasks described in this Section 4.B. Additionally, the Company may combine your Non-Identifying Information with other non-personal information collected by the Company and share the aggregated data with neighborhood builders, service companies and product providers for marketing and research purposes.

 

5. COMPANY’S USE OF COLLECTION TECHNOLOGY AND ANALYTICS SERVICES
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  1. Collection Technology. Non-Identifying Information may be collected by the Company using a variety of Collection Technology. As used in this Privacy Policy, “Collection Technology” refers to cookies, web beacons, pixels, gifs, tags and other tools that collect information in similar ways. Collection Technology may store a piece of data on your browser or device, while other forms of Collection Technology may identify your browser or device and collect information through other means. When you visit the RMV Website (or another website), your browser or device may be exposed to Collection Technology, and Collection Technology may be stored on your browser or device. The Company may access, retrieve and use the Non-Identifying Information generated and stored by the Collection Technology on your browser or device.

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You may delete and/or refuse the use of certain Collection Technology by selecting the appropriate settings on your browser. And, you are not barred or precluded from using the RMV Website if you choose to delete and/or refuse such Collection Technology. However, please note that some parts of the RMV Website may not work properly if you elect to delete and/or refuse Collection Technology.

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  1. Analytics Services. The Company may use third-party analytics services to facilitate the compilation, tracking and analysis of information that is accumulated using Collection Technology. For example, the Company may use Google Analytics™ (or similar program) to measure, analyze and report on data gathered through Collection Technology to assist the Company in understanding and optimizing use of the RMV Website. Information and data collected through the Company’s use of analytics services shall be used and shared by the Company solely in conformance with this Privacy Policy. However, please be advised that third-party analytics services are governed by their own privacy policies, and the Company has no control over the scope, limitations or requirements of these policies. Should you have any questions regarding the Company’s use of analytics services, please contact the Privacy Administrator at the address identified in Section 14 of this Privacy Protocol.

 
6. PROTECTION OF PERSONAL INFORMATION
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The Company is committed to protecting your personal information. Accordingly, we have adopted commercially reasonable technical, administrative and physical procedures to help protect your personal information from loss, theft, unauthorized access and modification. By way of example only (and not limitation), the Company employs the following techniques, protocols and safeguards to protect personal information received by the Company:

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  • Adoption and implementation of a Company-wide data security policy for classified / confidential files

  • Regular monitoring of data compliance requirements

  • Multi-Factor Authentication (MFA) for third party vendor access

  • Zero Trust Security Model for any bring your own device (BYOD) and WiFi connected devices

 

Unfortunately, no measures can be guaranteed to provide 100% security; security risk is inherent in all Internet and information technologies. We want you to feel confident about using the RMV Website and interacting with the Company. But, as indicated in Section 1, above, we cannot ensure or warrant the security of any information you provide to us and any such transmission or provision of information is done at your own risk.

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7. LINKS TO THIRD-PARTY WEBSITES

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The RMV Website may contain links to third-party websites for neighborhood builders, community associations, retailers, service providers and others, which are provided solely as a convenience to viewers of the RMV Website and not as an endorsement of the contents of such websites. Although we endeavor to provide links only to websites maintained by reputable entities and organizations, you should be aware that these third parties might be able to gather information from and about you if you visit their websites. In these cases, those third parties will use such information in accordance with their own privacy policies, which may differ substantially from our Privacy Policy. We strongly encourage you to read the privacy policies of these third parties. We assume no liability for the privacy practices of such other websites and are not responsible for the availability or content of any off-site pages or any other websites linked to the RMV Website. Your linking to off-site pages or other websites is at your own risk.

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8. CORRECTION OF IDENTIFYING INFORMATION; OPT-OUT RIGHT

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The Company endeavors to keep your personal information (specifically, your Identifying Information) current and accurate. Accordingly, we ask that you notify us of any changes to your Identifying Information via e-mail, telephone or postal mail at the addresses shown in Section 14, below.

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You may at any time opt-out of having your Identifying Information used by the Company for mailings, calls, etc. by notifying us via e-mail, telephone or postal mail at the addresses shown in Section 14, below. If you elect not to receive any future contacts from the Company, we will endeavor to remove your name from all of our contact lists within ten (10) business days. However, information is sometimes difficult if not impossible to remove from all data sources and, accordingly, we can only promise to endeavor to remove you from any lists that we control. We shall have no liability for our failure to accomplish this objective.

 

9. CHILDREN
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Naturally, the safety of children is very important to the Company, and we are committed to protecting the privacy of children. In this regard, (i) the RMV Website is directed to persons 18 years of age or older and (ii) the Company does not knowingly collect information from children under the age of 18.

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If you provide personal information (specifically, Identifying Information) to the Company through the RMV Website, you represent and warrant to the Company that you are 18 years of age or older. If you are under the age of 18, you may visit, browse and use the information on the RMV Website, but you may not submit any Identifying Information to the RMV Website and you represent and warrant to the Company that you have the permission of your parent or guardian to use the RMV Website. If we become aware that a user of the RMV Website is under the age of 18 and has provided Identifying Information, we will remove said information from our files.

 

10. NOTICE TO CALIFORNIA RESIDENTS – YOUR PRIVACY RIGHTS

 

  1. California “Shine the Light” Law

Under California’s “Shine the Light Law” (Cal. Civ. Code Section 1798.83), California residents are entitled to request certain information about our disclosure of personal information to third parties for their direct marketing purposes. You may make such a request by sending an e-mail or letter to the Company’s Privacy Administrator at the address identified in Section 14, below.

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As indicated in Section 1, above, trust is an essential part of the Company’s mission, and we take great pride in the relationship of trust that we have built with our customers. In furtherance of our commitment to trust, the Company has adopted a policy of not selling, renting or sharing your Identifying Information with third parties for direct marketing purposes unless you affirmatively agree to such disclosure (e.g., your request that we send your Identifying Information to neighborhood builders so that they may contact you directly regarding their neighborhoods and products).

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  1. California Consumer Privacy Act

 

Under the California Consumer Privacy Act of 2018 (Cal. Civ. Code Sections 1798.100 to 1798.199) (the “CCPA”), California residents are entitled to certain disclosures about how a business collects, uses and shares personal information. Moreover, the CCPA grants to California residents specific rights regarding their personal information.

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  • The right to request that the Company disclose the specific pieces of personal information that the Company has collected regarding the California resident (including the source(s) of the personal information, the Company’s business or commercial purpose for collecting the personal information, and the categories of third parties with whom the Company has shared the personal information); and

  • The right to request that the Company delete any personal information about the California resident which the Company has collected from the California resident.

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11. PRIVACY POLICY EFFECTIVENESS
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This Privacy Policy shall apply only to individual consumers and solely to personal information collected by or through (i) the RMV Website, (ii) your personal interactions with the Company and its representatives, (iii) the Company’s dealings with neighborhood builders and (iv) other lawful sources / resources.

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12. CHANGES IN PRIVACY POLICY
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This Privacy Policy may be revised from time to time in the Company’s sole discretion. We display a “Last Modified / Effective Date” on the upper left corner of the Privacy Policy for you to know when there has been a change in the Privacy Policy. Accordingly, you should check the Privacy Policy on a regular basis for the Company’s most current privacy practices. Each time you access, use or browse the RMV Website or share personal information with the Company (either directly or indirectly), you signify your acceptance of the then-current version of this Privacy Policy. Any changes in this Privacy Policy will take effect upon posting.

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All personal information collected by the Company will be used in accordance with the version of the Privacy Policy in effect as of the date the information was collected. If we, at any point, decide to use personal information (specifically, Identifying Information) in a manner that is materially different from that stated at the time it was collected, we will provide you with notice or have other communications with you in the manner and to the extent required by law.

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13. GOVERNING LAW
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This Privacy Policy shall be governed by, and shall be construed in accordance with, the laws of the State of California, without regard to choice of law principles.

 

14. QUESTIONS OR CONCERNS
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If you have any questions or concerns about our Privacy Policy, please contact us at:

Privacy Administrator
Rancho Mission Viejo, LLC
P.O. Box 1209
San Juan Capistrano, California 92693
Phone: 877-768-1882
Email: info@ranchomv.com

Introduction
Scope
Info We Collect
Use and Disclosure
Use of Collection
Protection of Personal
Links To Third Party
Correction of Identifying
Children
Notice to California
Effectiveness
Changes to Privacy Policy
Governing Law
Questions
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