| 1. |
Key Terms.
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We, us, our, Company,
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First America Homes
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Contact
details for our data protection officer
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info@firstamericahomes.com
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| 2. |
Personal Information We Collect. We may collect and use the following personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household:
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Category
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Categories of Personal Information
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Specific Types of Personal Information
Collected
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A
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Identifiers
(e.g., a real name, alias, postal address, unique personal identifier, online
identifier, Internet Protocol address, email address, account name, social
security number, driver’s license number, passport number, or other similar
identifiers)
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Real name; email
address; Internet Protocol (IP) address; phone number; postal code.
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B
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Information
that identifies, relates to, describes, or is capable of being associated
with a particular individual, including, but not limited to, their name,
signature, social security number, physical characteristics or description,
address, telephone number, passport number, driver’s license or state
identification card number, insurance policy number, education, employment,
employment history, bank account number, credit card number, debit card
number, or any other financial information, medical information, or health
insurance information.
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Real name;
email address; postal code; phone number; information about whether your rent
or own your home; information about whether you live with your family; your
financial information
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C
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Characteristics
of protected classifications under California or federal law.
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Information
related to personal titles, e.g., Mr., Mrs., and Ms.
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D
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Commercial
information (e.g., records of personal property, products or services
purchased, obtained, or considered, or other purchasing or consuming
histories or tendencies)
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The name of
the Company that you work for to the extent that you opt to provide this
information to us.
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E
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Biometric
information
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None
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F
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Internet or
other electronic network activity information (e.g., browsing history, search
history, and information regarding a consumer’s interaction with an Internet
Website, application, or advertisement)
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IP
address(es) of your computer(s) that you use to connect to the Website;
incoming uniform resource locators (URLs) that sent you to the Website; your
browsing activity on the Website; the web browser type (e.g., Safari,
Firefox, Chrome) of the browser that you used to browse the Website
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G
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Geolocation
data
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Yes, to the
extent that such information may be obtained from your device when you access
the Website.
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H
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Audio,
electronic, visual, thermal, olfactory, or similar information
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None
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I
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Professional
or employment-related information
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None
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J
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Education
information, defined as information that is not publicly available personally
identifiable information as defined in the Family Educational Rights and
Privacy Act (FERPA)
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None
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K
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Inferences
drawn from any of the information identified above to create a profile about
a consumer reflecting the consumer’s preferences, characteristics,
psychological trends, predispositions, behavior, attitudes, intelligence,
abilities, and aptitudes
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None
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This personal
information is required to provide you with products and/or services. Not
providing the personal information requested may delay or prevent us from
providing you with products and/or services.
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| 3. |
How Your Personal Information is Collected. We collect most of this personal information directly from you—in person, by telephone, email, and/or via the Website. However, we may also collect information:
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- From publicly accessible sources;
- Directly from a third party;
- Via our IT systems, including:
- Automated monitoring of the Website and other technical systems, such as our computer
networks and connections, communications systems, and email.
- From cookies on our website
- The
cookies have been provided by third party services including, e.g., Google,
Meta and HubSpot. As noted at the beginning of this Privacy Policy, the Privacy
Policy does not cover how these third-party services collect and use your
personal information. To the extent you are concerned about how these third-party
services collect and/or use your personal information, we encourage you to
review their privacy policies located on their respective websites. If you are
unable to locate their privacy policies, please contact us using the
information below and we will assist you in locating the privacy policies.
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| 4. |
How and Why We Use Your Personal Information. We
only use your personal information if we have a proper or legitimate reason for
doing so. As described further in Section 6 below, when we need to share your
personal information for limited reasons described in this Section 4, we only
share your personal information (as necessary) with the third parties specified
in Section 6.
Some examples of
how we use your personal information are as follows: - To
comply with our legal and regulatory obligations;
- For the
performance of our obligations to you under any agreements that we have with
you or to take steps at your request before entering into an agreement with you;
- For our
legitimate interests (explained below); or
- Where
you have given consent, e.g., where you have authorized us to provide your
personal information to a third party so that they may send you information
and/or content that you have expressed an interest in receiving.
A legitimate
interest is when we have a business or commercial reason to use your
information, so long as this is not overridden by your own rights and
interests.
The table below explains what we use (process) your personal information for and our reasons for doing so:
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What we use your personal information for
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Our reasons
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To provide
products and/or services to you
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For the
performance of our obligations to you under any agreements we have with you
or to take steps at your request before entering into an agreement with you.
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To prevent
and detect fraud against you or Company
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For our
legitimate interests, i.e., to minimize fraud that could damage us and you.
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Conducting
checks to identify our customers and verify their identity
Screening for
financial and other sanctions or embargoes
Other
processing necessary to comply with professional, legal and regulatory
obligations that apply to our business, e.g., under health and safety regulations
or rules issued by our professional regulator
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To comply
with our legal and regulatory obligations.
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Gathering and
providing information required by or relating to audits, inquiries, or
investigations by regulatory bodies
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To comply
with our legal and regulatory obligations.
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Ensuring
business policies are adhered to, e.g., policies covering security and
internet use
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For our
legitimate interests, i.e., to ensure we follow our own internal procedures
to deliver the best service to you.
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Operational
reasons, such as improving efficiency, training, and quality control
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For our
legitimate interests, i.e., to be as efficient as we can so we can deliver
the best service for you at the best value price.
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Ensuring the
confidentiality of commercially sensitive information
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For our
legitimate interests, i.e., to protect trade secrets and other commercially
valuable information.
To comply
with our legal and regulatory obligations.
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Statistical
analysis to help us manage our business, e.g., in relation to our financial
performance, customer base, product range, or other efficiency measures
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For our legitimate interests, i.e., to be as efficient as we can so
we can deliver the best service for you at the best value price.
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Preventing
unauthorized access and modifications to systems
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For our
legitimate interests, i.e., to prevent and detect criminal activity that
could damage us and you.
To comply
with our legal and regulatory obligations.
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Updating and
enhancing customer records
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For the
performance of our obligations to you under any agreements that we have with
you or to take steps at your request before entering into an agreement with
you
To comply
with our legal and regulatory obligations
For our
legitimate interests, e.g., making sure that we can keep in touch with our
customers about existing orders and new products
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Marketing our
services to:
¾
existing
and former customers;
¾
third
parties who have previously expressed an interest in our services;
¾
third
parties with whom we have had no previous dealings.
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For our
legitimate interests, i.e., to promote our business to existing and former
customers as far as legally permitted.
Otherwise, we only process your data if we have your consent.
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External
audits and quality checks
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For our
legitimate interests, i.e., to maintain our accreditations so we can
demonstrate we operate at the highest standards.
To comply
with our legal and regulatory obligations
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| 5. |
Promotional Communications. We may use your personal information to send you updates (by email, text, or phone (to the extent you specify such a preference)) about our products and/or services, including exclusive offers, promotions, or new products and/or services. We have a legitimate interest in processing your personal information
for promotional purposes (see above “How and why we use your personal
information”). This means we do not usually need your consent to send you
promotional communications. However, where consent is required, we will ask for
this consent separately and clearly. We will always treat your personal information with the utmost respect
and never sell or share it with other organizations for marketing purposes
without your consent. You have the right to opt out of receiving promotional communications
at any time by: - Contacting
us at info@firstamericahomes.com
We may ask you to confirm or update your marketing preferences if you
instruct us to provide additional products and/or services in the future or if
there are changes in the law, regulation, or the structure of our business.
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| 6. |
Who We Share Your Personal Information With. We routinely share personal information with the following third parties: - Service
providers we use to help deliver our products and/or services to you;
- Other
third parties we use to help us run our business, such as marketing agencies or
website hosts;
We will generally only disclose your personal information to the
aforementioned third parties in accordance with the applicable data protection
laws and inform you of the disclosure in accordance with legal requirements. We will always try to have our service providers process and/or store
your personal information in the United States.
We only allow our service providers to handle and process your personal
information if we are satisfied, they take appropriate measures to protect it.
We also impose contractual obligations on service providers to ensure they can
only use your personal information to provide services to us and to you and
only in accordance with applicable federal and state laws and regulations. Accordingly,
processing is only permitted to the extent necessary to perform the services on
our behalf or to comply with legal requirements. We may also share personal information with external auditors. We may disclose and exchange information with law enforcement agencies
and regulatory bodies to comply with our legal and regulatory obligations. We may also need to share some personal information with other parties,
such as potential buyers of some or all of our business or during a restructuring.
We will typically de-identify personal information, but this may only sometimes
be possible. The recipient of the personal information will be bound by
confidentiality obligations.
We will not share your personal information with any third party unless
you consent.
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| 7. |
Personal
Information We Sold or Disclosed for a Business Purpose. We have not sold any of your personal information (as defined above), and we will not sell any of your personal information. However, we may disclose your personal information as described in Sections 4 and 6. We do not process personal information for profiling in furtherance of decisions that produce legal or similarly significant effects concerning you or other consumers. We do not sell personal information for money. We may have disclosed for a business purpose to one or more third parties the following categories of personal information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household: Categories A, B, C, D, F, and G (defined in Section 2 above). The business purpose may also involve sharing information with third parties to enable us to provide you with the purchased products and services. |
| 8. |
Where Your Personal Information is Held. Information may be held at our offices and those of our service providers, representatives, and agents as described above (see above: “Who We Share Your Personal Information with”). We will always try to store your personal information in the United States.
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| 9. |
How Long Your Personal Information Will Be Kept. We will keep your personal information while you have an account with us or while we are providing products and/or services to you. After that, we will keep your personal information for as long as is necessary: - To
respond to any questions, complaints, or claims made by you or on your behalf;
- To show that we treated you fairly; or
- To keep records required by applicable federal and/or state laws and/or regulations.
We will only retain your personal information for as long as necessary
for the purposes set out in this policy. Different retention periods may apply
for different types of personal information.
When retaining your personal information is no longer necessary, we
will delete, de-identify, otherwise anonymize it, or restrict its processing. | | | | | |
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| 10. |
Your Rights. Depending on the state in which you reside, you may have the right to exercise the rights listed in the following table free of charge.
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Disclosure of
Personal Information We Collect About You
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You have the
right to know:
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The
categories of personal information we have collected about you;
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The
categories of sources from which the personal information is collected;
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Our business or commercial purpose for collecting or selling personal information;
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The categories of third parties with whom we share personal information, if any; and
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The specific pieces of personal information we have collected about you.
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Your Right of
Access
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You have the
right to ask us for copies of your personal information.
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Your Right to
Correct
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You have the
right to ask us to correct personal information you think is inaccurate. You
also have the right to ask us to complete information you think needs to be
completed.
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Your Right to
Restriction of Processing
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You have the
right to ask us to restrict the processing of your personal information in
certain circumstances.
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Your Right to
Data Portability
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You have the
right to ask that we transfer the personal information you gave us to another
organization, or to you, in certain circumstances.
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Personal
Information Used for a Business Purpose
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In connection
with any personal information disclosed to a third party for a business
purpose, you have the right to know the categories of personal information we
disclosed about you for a business purpose.
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Right to
Deletion
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Subject to
certain exceptions set out below, on receipt of a verifiable request from
you, we will:
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Delete,
de-identify, or aggregate your personal information from our records; and
·
Direct
any service providers to delete, de-identify, or aggregate your personal
information from their records.
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Please
note that we may not delete your personal information if it is necessary to:
o
Comply
with a federal or state law, provide a good or service requested by you, or
reasonably anticipated within the context of our ongoing business
relationship with you, or otherwise perform a contract between you and us;
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Detect
security incidents, protect against malicious, deceptive, fraudulent, or
illegal activity; or prosecute those responsible for that activity;
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Debug
to identify and repair errors that impair existing intended functionality;
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Enable
solely internal uses that are reasonably aligned with your expectations based
on your relationship with us;
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Comply
with an existing legal obligation; or
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Otherwise,
use your personal information internally in a lawful manner compatible with
the context in which you provided the information.
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Your Right to
Object to Processing
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You can
object to processing your personal information in certain circumstances. The consequence of the objection is that we
no longer process the personal information relating to you unless we can
demonstrate a compelling legitimate reason for the processing which overrides
your interests, rights, and freedoms, or the processing serves to assert,
exercise or defend legal claims.
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Protection
Against Discrimination
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You have the
right not to be discriminated against by us because you exercised any of your
rights under the applicable state privacy laws. This means we cannot, among
other things:
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Deny
goods or services to you;
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Charge
different prices or rates for goods or services, including through the use of
discounts or other benefits or imposing penalties;
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Provide
a different level or quality of goods or services to you; or
·
Suggest
that you will receive a different price or rate for goods or services or a
different level or quality of goods or services.
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Right to
withdraw given consent
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If you have
given your consent, you can withdraw your consent at any time. The withdrawal
of consent does not affect the lawfulness of the processing carried out based
on the consent until the withdrawal.
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Right to
Lodge a Complaint
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Without
affecting any other administrative or judicial appeals, you have the right to
lodge a complaint with the appropriate regulatory authority or enforcement
agency, if you consider that the processing of personal data relating to you
infringes applicable data protection laws.
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| 11. |
Keeping Your Personal Information Secure. We and our service providers have appropriate physical, technical, and administrative security measures in place to prevent personal information from being accidentally lost, altered, used, or accessed in an unauthorized way. However, we all know that no method of transmission over the Internet, and method of electronic storage, can be 100% secure. This means we cannot guarantee the absolute security of your personal information.
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| 12. |
How to Exercise Your Rights. If you would like to exercise any of your rights as described in this Privacy Policy, please: - Call us at 713.452.1700; or
- Email us at info@firstamericahomes.com.
If you choose to contact us directly by website, email, or phone, you will need to provide us with: - Enough information to identify you (e.g., your full name, address, and customer or matter reference number);
- Proof of your identity and address; and
- A description of what right you want to exercise and the information to which your request relates.
We are not obligated to take any requested action if we cannot verify that the person making the request is the person about whom we collected personal information or is authorized to act on such person’s behalf. Any personal information we collect from you to verify your identity in connection with your request will be used solely for verification. If we decline to take action in response to your exercise of a privacy right, we will inform you of the reason for the denial. Where provided by statute, you may have the right to appeal our decision. We will give you instructions on how to appeal the decision in response to your privacy request. If you are unsatisfied with our response to your appeal, you may contact your state Attorney General’s office. |
| 13. |
Changes to This Privacy Notice. We may change this privacy notice from time to time–when we do, we will inform you via the Website or other means of contact such as email. |
| 14. |
How to Contact Us. Please contact us by postal mail, email, or telephone if you have any questions about this privacy policy or the information, we hold about you. Our contact
details are shown below:
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Contact
address
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1401
Woodlands Parkway,
The
Woodlands, Texas, 77380
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Contact email
address
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info@firstamericahomes.com
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Contact
telephone number
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713.452.1700
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Any guest or registered user of the Website may contact us regarding
all questions or suggestions concerning data privacy.
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| 15. |
Do You Need Extra Help? If you would like this notice in another format (e.g., audio, large print, braille), please get in touch with us (see “How to contact us” above).
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