Privacy Policy

Privacy Policy

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TABLE OF CONTENTS

1.          PURPOSE OF POLICY.

2.          NOTICE CONCERNING CHILDREN AND MINORS.

3.          INFORMATION WE COLLECT AND USE.

3.1.       HOW WE COLLECT INFORMATION.

3.2.       HOW WE USE INFORMATION.

3.3        OUR USE OF THIRD-PARTY VENDORS.

4.          THIRD-PARTY WEBSITES.

5.          COOKIES.

6.          CONTACT INFORMATION AND REQUESTS.

7.          SECURITY.

8.          GOVERNING LAW.

9.          UPDATES TO THE POLICY.

10.        EUROPEAN RESIDENTS: YOUR PRIVACY RIGHTS.

11.        CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS.

12.        NEVADA RESIDENTS: YOUR PRIVACY RIGHTS.

 

OUR PRIVACY POLICY

 

1. PURPOSE OF POLICY. 

De Young Realty, Inc., De Young Communities, Inc., and its affiliated entities ("us," "we," or "Company"), is committed to respecting the privacy rights of its customers and visitors to the www.deyoungproperties.com website (the "Website") and any physical place in which we conduct business (collectively, the "Site").  We, as the controllers of your data, collect, use, and are responsible for certain Personal Information about you, and have created this Privacy Policy (this "Privacy Policy") to demonstrate our commitment to fair information practices and the protection of privacy.  This Privacy Policy is applicable to the data we collect when you visit and use our Website, visit and engage with our Site, and any services and products that you may request or that we may ultimately provide you (the "Services").

We ask that you read this Privacy Policy carefully as it contains important information on who we are, how and why we collect, store, use, and share personal information, your rights in relation to your personal information and on how to contact us and supervisory authorities in the event you have a complaint. 


 

2. NOTICE CONCERNING CHILDREN AND MINORS.

We do not direct any of our content specifically at children under the age of 13 years, nor do we collect any personal information from anyone who we know to be under the age of 13 years.  If we learn or have reason to suspect that a particular user is under the age of 13 years, we will use our best efforts to prevent access to the Website of such user and to delete any personal information in such user's account on our Website.

California Civil Code Section 22581 permits minors under the age of 18 years, or their parents or guardians, to request and obtain removal of their information.  To request removal of your personal information please contact us using the methods described in this Policy.  Note that removal under the law does not ensure complete or comprehensive removal of your information.


 

3. INFORMATION WE COLLECT AND USE.

In our operations, we may collect or obtain certain information such as your name, mailing address(es), e-mail address(es), phone number(s), gender, age, date of birth, social security number, occupation, education level, income, race, religion, political party affiliation, and other bibliographic information, payment and applicable financial account information, and information pertaining to your creditworthiness, assets, income, or liabilities, information about your use of the Site, products and services which you have purchased, obtained, or have researched or to which, by use of the Website, have otherwise indicated interest, your IP address, geolocation data, domain servers, types of computers accessing our Website, types of browsers, and other data of a technical nature which relates to your use and access of the Website (collectively referred to as "Information").  

As used in this Policy, and any of its supplemental policies, "Personal Information" is any Information that identifies (or can be used to identify) you or which permits the physical or online contacting of you, such as your name, address, email address, and phone number.  "Anonymous Information" is any information that does not identify, and cannot reasonably be used to identify, you.  "Pseudonymous Information" is any information that cannot be attributed to you without the use of additional information.  "Aggregate Information" is any information about groups of visitors to our Site that does not identify, and cannot reasonably be used to identify, you.


 

3.1. HOW WE COLLECT INFORMATION.

Information you Provide Us: We may include registration, surveys, questionnaires, and other forms at the Site that ask you to provide information, including Personal Information.  Some of the information that we collect is required from you to enable us to provide you with the services you request from the Site.  For example, you may request that we add you to our newsletter, may request that we contact you, or you may order product or services from us, and as part of that request we may require you to provide your name, address, or email address.  We will inform you at the point of collecting information from you whether you are required to provide information to us.  If you choose not to provide us with the required information, you may be unable to utilize the services provided at the Site.  

Server Information: Our servers may automatically collect Information of a technical nature, such as your IP address and your browser type, which relates to your use and access of the Website.  This data does not in and of itself personally identify you but is helpful for improving user experience.  In the event that you provide Personal Information while visiting our Website, this data may be correlated to you and thus your Personal Information.

Cookies: From time to time, we may use the "cookies" feature of major browsers and browser applications that allows us to store data on your computer about your visit to our Website.  We may set any Personal Information in cookies and may employ any data capture mechanisms on the Website other than cookies.  Cookies help us learn which areas of the Website are useful and which areas need improvement, in addition to enhancing user experience.  Some material displayed on the Website may contain cookies set by third-parties.  We do not have access to or control over information collected by such third-parties on our Website, and thus such cookies are not subject to this Policy.  You may be able to choose whether to accept cookies by changing the settings on your browser.  However, if you choose to disable this function, your experience on the Website may be diminished and some features may not work as they were intended.  For a list of cookies that we set, the information in those cookies, and our purpose for using them, please visit our "Cookie Policy" at www.deyoungproperties.com/cookie-policy/ or contact us pursuant to Section 6 of this Policy.

Beacons: We may also use web beacon or other technologies to better tailor the Website to provide better customer service.  If these technologies are in use, when you access these pages of the Website, a non-identifiable notice of that visit is generated which may be processed by us or by suppliers or affiliates, or other entities.  Web beacons usually work in conjunction with cookies, therefore our use of beacons, the information in those beacons, and our purpose for using them is discussed in more depth in our "Cookie Policy."  If you do not want cookie information to be associated with your visits to these pages, you may be able to set your browser to turn off cookies; however, web beacon and other technologies will still detect visits to these pages.

Online Tracking: Many browsers provide the ability for a user to send a "Do Not Track" signal which indicates that a user does not wish to have activity tracked.  We may collect Personal Information across third-party websites or online services and may permit third-parties from tracking consumers while they are on the Website.  For a list of the trackers and our purpose for using them, please visit our "Privacy Disclosures Page" at www.deyoungproperties.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Policy.  Currently there is no industry standard on how to respond to "Do Not Track" signals; however, if you send a "Do Not Track" signal while using the Website, we will take every effort to respect your wishes that are possible.  In any event, we will adhere to the standards set forth in this Policy.

Third Party Sources: We may also obtain information from additional sources of data, not directly collected from you, to tailor the Site to provide better customer service.  For example, you may engage with us through social media services or third-party platforms, plug-ins, or applications, through which you may allow us to have access to certain information in your profile or account, such as your name, email address, photographs, network connections, and activities.  Please refer to the respective policies on those third-party services, platforms, plug-ins, and applications to review your privacy rights and settings.  Information may include public or private data from various sources and held at varied secured data storage facilities, inside and/or outside of the United States or the European Economic Area.  For an entire list of specific data collected from third-parties, how the data is stored, and our purpose for using the data, please visit our "Privacy Disclosures Page" at www.deyoungproperties.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Policy.  We will hold such data for the period of time as set forth, and at least for any period of time required by law.

Advertising Choices: We may provide third-party advertising on the Website in an attempt to provide additional content that may be relevant to you.  We do not control the use of any information about you that the third-party advertiser may obtain or use, and recommend you review their data collection and use policies.  There are a variety of tools which are available to you to "opt-out" of interest-based advertising on the Website, as well as on the internet generally, including by utilizing the tools available from Network Advertising Initiative and Digital Advertising Alliance.  There are also a variety of browser tools and plug-ins which you can use in an attempt to block advertising and advertisements as you use the internet.  For an entire list of specific data collected by these third-parties, please visit our "Privacy Disclosures Page" at www.deyoungproperties.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Policy.   

Your Medical Information: You may desire to receive more information about our Services and Site in relation to your specific medical condition.  For us to better answer your inquiries, we may ask you for information about your medical condition such as the level of care requested, any diagnosis requested or received, or any previous medical history.  We may receive or provide information to your medical provider when you use the services at our Site.  In cases of emergencies, we may also provide this information to emergency care responders or other medical providers.


 

3.2. HOW WE USE INFORMATION.

We use the Information, including Personal Information and all other information, to provide you access to the experiences, products, and services at the Site, to personalize the content and experiences at the Site, to communicate with you about transactions initiated at the Site, to offer you any additional products or services that we think you may have an interest in receiving, to analyze the Website traffic, to help diagnose problems with our server, to administer the Site, to determine how users interact with the Website, and for other similar reasons.  We may also use the Information to send you offers for products and/or services from third-parties, and to provide you with targeted advertising based on your activity on the Website and any third-party websites, platforms, plug-ins, and applications.  

We may also use Anonymous Information, Pseudonymous Information, or Aggregate Information (or other information other than Personal Information) in any other manner that we deem appropriate or necessary, including to operate, understand, and improve the Site, products, services, and operations, including by using research and analytics tools.  Such use may include sharing this type of information with business partners and advertisers.

Dependent on the jurisdiction in which you access our Website, you may be required to expressly consent to the sale, sharing, or rent of your Personal Information to third-parties, as well as those not affiliated with us.  Please review the applicable section of this Privacy Policy to you for a greater discussion relating to those rights.  If those rights are not applicable to you, we may sell, share, or rent Personal Information to third-parties, and we may otherwise disclose Personal Information to third-parties not affiliated with us.  Notwithstanding, we may disclose Personal Information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on us or our any one of our related companies, subsidiaries or affiliates, (2) protect and defend our rights or property or those of our users, or (3) act under exigent circumstances to protect the safety of the public or customers or visitors.

We may employ or engage companies and individuals to perform business functions on its behalf.  These persons may be engaged in a variety of functions which include, but are not limited to, fulfilling orders, delivering packages, removing repetitive information from customer lists, analyzing data, providing marketing assistance, processing payments, and providing customer service.  Unless you exercise a statutory right, such as a right to opt out, these persons may be provided with Personal Information or other information required to perform their functions as our agent. 

In order to accommodate changes in our business, we may sell or buy portions of our company or other companies or assets, including the information collected at the Site.  If our company or substantially all of our assets are acquired, your Personal Information and/or other Information may be one of the assets transferred to the acquirer.  You may be given the opportunity to opt out of any such transfer if, in our opinion, the new entity plans to handle your information in a way that is different in an important way from this Policy. 

For a list of how we use your Personal Information, how we provide such information to the third party, the information provided, and the purpose in providing the data, please visit our "Privacy Disclosures Page" at www.deyoungproperties.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Policy.   


 

3.3. OUR USE OF THIRD-PARTY VENDORS.

We may use third party vendors, services, plugins, applications, platforms, and other service or technology partners (the "Third Party Vendors") to provide a more robust experience at the Site.  The Third-Party Vendors may collect, receive, or generate information from or about you during your visit at the Site to provide valuable features and services and to otherwise make the Site available to you.  You acknowledge that no method of transmission or electronic storage is completely secure, and we cannot control how your information is collected, stored, disclosed, or used on or by the Third-Party Vendors.  

By using the Site, you acknowledge that you may be transferring and storing your information with the Third-Party Vendors at your own risk.  Your data will be subject to the policies and practices set out in each Third-Party Vendor's respective privacy and data use policies.  Use of the Site constitutes your acceptance of each Third-Party Vendor's privacy policy and data practices.  For a list of specific data collected by third-party providers, our purpose for using the third-party provider, and a link to the Third-Party Vendor's privacy policy, please visit our "Privacy Disclosures Page" at www.deyoungproperties.com/privacy-disclosures/ or contact us pursuant to Section 6 of this Policy.  We will hold such data for the period of time as set forth, and at least for any period of time required by law.   


 

4. THIRD-PARTY WEBSITES.

The Website may contain links to other websites.  If you choose to visit other websites, we are not responsible for the privacy practices or content of those other websites, and it is your responsibility to review the privacy policies at those websites to confirm that you understand and agree with their policies.


 

5. COOKIES.

Our Website uses cookies, including third-party cookies, to ensure its efficient functioning and to improve our services, offer you a better experience, and to communicate with you in line with your preferences.  Cookies are small text files that are sent to your computer (usually to your browser) by the websites you visit.  Cookies are stored in your computer to be recognized by those websites on your subsequent visits.  For more information on cookies, on the types of cookies used on our Website, and on how to disable them or withhold your consent to their use, see our "Cookie Policy."

We use several categories of cookies and each performs different functions.  You can learn more about cookies and their functions generally by visiting an information website like www.allaboutcookies.org.  Please visit our "Privacy Disclosures Page" at www.deyoungproperties.com/privacy-disclosures/ for an entire list of specific cookies collected.


 

6. CONTACT INFORMATION AND REQUESTS. 

If you have any questions about this Privacy Policy or our practices related to the Site, or if you would like to request that we disclose or delete your Personal Information stored in our database, or you wish to exercise any rights granted to you by statute (such as those granted to you by the CCPA, GDPR, ePrivacy Directive, or other applicable statute), please complete this interactive form, call us at this toll free number 866-419-9040 or feel free to contact us at:

De Young Communities, Inc.

ATTN: Legal Compliance / Data Protection Officer

677 W. Palmdon, Suite 208

Fresno, CA 93704

info@deyoungproperties.com

Toll Free Number: 866-419-9040


 

7. SECURITY.

The safe keeping of your Personal Information is extremely important to us.  We have measures in place by which we intend to prevent the loss, misuse, and alteration of the information that we obtain from you, including implementing various technical, administrative, electronic, and physical security measures designed to prevent Personal Information from accidentally being used or accessed in an unauthorized way.  Unfortunately, despite our efforts, there are no methods that can fully prevent a breach, we cannot be liable for unauthorized disclosure of Personal Information due to no fault of our own, including but not limited to, errors in transmission and unauthorized acts of our staff and third parties.  In the event of a suspected data security breach, we will notify you and any applicable regulator where we are legally required to do so.  


 

8. GOVERNING LAW.

The Site is located in the United States and the Website is published in the United States intended for users from the United States.  To the extent permitted, this Privacy Policy shall be governed by and construed and enforced in accordance with the laws of the State of California, without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the laws of the State of California to the rights and duties of the parties.  U.S. law shall govern in any and all disputes. 

We hope that this Privacy Policy provides you with full and fair notice of your privacy rights and our Information collection and use practices.  We also hope that any concerns you might have can be resolved quickly and amicably by you contacting us under the methods provided in the "Contact Information and Requests" section of this Policy.  However, in the unfortunate event that such dispute cannot be resolved, by your use of the Site, you expressly agree that any actions between us, including pertaining to this Policy, the Website, or our use and collection of the Information, shall be held in Fresno, California.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Fresno County, California in all disputes arising out of or related to this Policy, or the use of the Site.

To the fullest extent not otherwise prohibited or required by law to be resolved in a different manner, by using the Site, you agree that any controversy between you and us involving the construction or application of any of the terms, covenants, or conditions of this Privacy Policy shall be submitted to binding arbitration.  The arbitration shall be conducted in Fresno, California, and be in accordance with the rules established by the American Arbitration Association and include limited discovery to be in accordance with and governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure.  The prevailing party shall be entitled to recover its reasonable costs and expenses of arbitration, including reasonable attorneys' fees.  Nothing in this section or agreement shall limit or impair us from seeking and obtaining temporary and permanent injunctive relief to enforce the terms of this agreement.


 

9. UPDATES TO THE POLICY.

This Privacy Policy was published on January 14, 2021 and last updated on January 25, 2021.  It constitutes our entire agreement with you concerning our collection and use of Information as you use the Site.  Notwithstanding, you may also be subject to additional terms and conditions, policies, guidelines, or rules that may apply when you use or interact with the Site.  

We may, in our sole discretion and without prior notice, revise this Privacy Policy at any time.  We shall post any revision to this Privacy Policy to the Website, and the revision shall be effective immediately on such posting, unless stated otherwise.  You agree to review this Privacy Policy and other online policies posted on the Website periodically to be aware of any revisions.  You agree that, by continuing to use or access the Site, you agree to any such revision.  


 

10. EUROPEAN RESIDENTS: YOUR PRIVACY RIGHTS.

Residents of the European Economic Area ("EEA") or European Union ("EU") and the United Kingdom ("UK") are afforded additional rights with respect to their Personal Information under the General Data Protection Regulation ("GDPR").  To learn more about your rights under these laws, please visit our "GDPR Privacy Policy" at https://deyoungproperties.com/gdpr-privacy-policy/ or contact us pursuant to Section 6 of this Policy.  In the case of any discrepancies between this Privacy Policy and your rights under the GDPR Policy, your rights under the GDPR Policy will govern.


 

11. CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS.

California residents are afforded certain additional rights with respect to their Personal Information under the California Consumer Privacy Act or "CCPA" (California Civil Code Section 1798.100 et. seq.) and the "Shine the Light" Law (California Civil Code section 1798.83).  To learn more about your rights under these laws, please visit our "California Privacy Policy" at https://deyoungproperties.com/california-privacy-policy/ or contact us pursuant to Section 6 of this Policy.  In the case of any discrepancies between this Privacy Policy and your rights under the California Privacy Policy, your rights under the California Privacy Policy will govern.


 

12. NEVADA RESIDENTS: YOUR PRIVACY RIGHTS.

Nevada Senate Bill No. 220 requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them.  We do not sell your Personal Information to third-parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law.  To make such a request or learn more about our compliance with Nevada law, please contact us using the methods described in the "Contact Information and Requests" section of this Policy.  In the case of any discrepancies between this Privacy Policy and your rights under relevant Nevada statutes, your rights under the statutes will govern.

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