Privacy
Effective Date: January 1, 2020
Last Updated: January 7, 2020
Privacy Policy Overview
Our website https://tjh.com and its related mobile software applications (collectively, our “Site”) are designed to familiarize you with the services of Thomas James Homes, LLC and its affiliates (collectively, “us”, “we”, or “TJH”). 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 and Legal Disclaimers 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 TJH’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.
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 TJH or the applicable master developer, use a chat function or 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 TJH or postings on any of TJH’s social media platforms, such as Facebook, Instagram and Twitter may be used as testimonials or for other marketing purposes in accordance with our Terms of Use and Legal Disclaimers.
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 for our mobile website which tracks usage and interactions within our mobile website. This information helps provide insight into the use of the mobile website and assists with our further improvement and development associated with the mobile website and TJH.
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 listing agents and/or real estate partners of a homesite 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 TJH.
- 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.
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: 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 web hosting, web analytics (including analysis of online activity over time and across websites), diagnosing service or technical problems, maintaining security, mailing, emailing, and other communications, marketing, administering our programs and operations, personalizing advertisements and promotions, fulfilling your requests and orders, administering promotions and surveys, data management, or processing any other information on our behalf to provide services to you. We may store Personal Data in locations outside the direct control of TJH (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 TJH.
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, TJH 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 and Legal Disclaimers, 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 TJH, 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.
Important Information for California Residents
IMPORTANT INFORMATION FOR CALIFORNIA RESIDENTS
This section only applies to California residents (“California Consumers”).
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits users of our Site that are California Consumers 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 Consumer and would like a copy of this notice, please submit a written request to the following address: Thomas James Homes LLC, 26880 Aliso Viejo Parkway, Suite 100, Aliso Viejo, CA 92656 Attn: Chief Legal Officer. 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 Consumer 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 Consumers 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.
CALIFORNIA CONSUMER PRIVACY ACT OF 2018 (“CCPA”)
For the purposes of this section, “Personal Information” means information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California Consumer or household. We do not sell your Personal Information.
California Consumers have the following rights regarding their data under the CCPA:
- Right to Request Information. You have the right to request that we disclose the following information to you, limited to the preceding twelve (12) months:
- The categories of Personal Information that we collect about you.
- The categories of sources from which the Personal Information is collected.
- Our business or commercial purpose for collecting or selling Personal Information.
- The categories of third parties with whom we share Personal Information.
- The specific pieces of Personal Information that we have collected about you.
- The categories of Personal Information that we disclosed about you for a business purpose.
- The categories of Personal Information that we sold about you and the categories of third parties to whom the Personal Information was sold, by category or categories of Personal Information for each category of third parties to whom the Personal Information was sold.
- Right to Request Modification. You have the right to request that we modify information we have collected about you. We generally rely on you to update and correct your personal information. Our websites may allow you to modify or delete your account profile. If our websites do not permit you to update or correct certain information, you contact us at the address described below in order to request that your information by modified. Note that we may keep historical information in our backup files as permitted by law.
- Right of Deletion. You have the right to request that we delete any Personal Information about you which we have collected from you. We are not required to comply with a California Consumer’s request to delete Personal Information if we need to maintain the Personal Information in order to:
- Complete the transaction for which the Personal Information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal 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.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.
- Debug to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise that consumer’s right of free speech, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code.
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the Personal Information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.
- Enable solely internal uses that are reasonably aligned with the expectations of California Consumers based on their relationship with us.
- Comply with a legal obligation.
- Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided it.
- Right to Opt-Out of Sharing.Under California law you have the right to request that we not share your information with cross-context behavioral advertisers who use it to target advertising to you based on your online activity across businesses and distinctly branded websites, applications, or services. You can request that we stop sharing your personal information for the purposes of cross-context behavioral advertising. However, if you do so, then we may no longer be able to provide you services. In some cases, we may limit or deny your request to opt-out of sharing your Personal Information if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may request to opt-out of sharing by contacting us at the address described below.
- Non-Discrimination. We may not discriminate against you because you exercise any of your rights under the CCPA, including, but not limited to:
- Denying goods or services to you.
- Charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties.
- Providing a different level or quality of goods or services to you.
- Suggesting that you will receive a different price or rate for goods or services of a different level or quality of goods or services.
To exercise the rights explained above, please submit a verifiable consumer request to us by:
- Calling us at (877) 381-4092.
- Emailing us at support@tjhusa.com.
- Submitting a request through our Site at www.tjh.com/contact-us/
Only you, or a person that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
We are only required to respond to your verifiable consumer request for information twice within a twelve (12)-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative; and
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
We collect Personal Information about you:
- Directly from you.
- From third parties, such as real estate agents, escrow agencies, and our other customers.
- From marketing partners, when they share information with us.
- From our web server logs.
- With cookies and web beacons.
We may share Personal Information with our service providers for a business purpose pursuant to a written contract between us and the service provider. We may also share Personal Information with third parties when you use or direct us to share that information with the third party, for example, when you ask to be contacted by a real estate agent with regard to a property on our Site. As part of the residential sales process, we may share Personal Information with third parties you and/or TJH contract with to complete the transaction, such as title insurance carriers, escrow service providers, and lenders. Additional information about third parties with whom we share Personal Information is provided in the “How We Share Your Information” section of this Policy. We do not sell Personal Information. Additionally, we do not intentionally collect the Personal Information of minors under 16 years of age. If we do collect such information, we will not sell it.
The chart below describes the categories of Personal Information that we have collected about California Consumers in the preceding twelve (12) months and may collect about you; the categories of Personal Information that we have disclosed about California Consumers for a business purpose in the preceding twelve (12) months; and what that purpose is. For additional information regarding how we collect and use your Personal Information, see the “Information We Collect About You and How We Collect It” and “How We Use Your Information” sections of this Policy. Note that while we do not sell personal information, we do “share” personal information as that term is defined under California law. Also note that the chart includes all information that we collect (i.e., from both website visitors and employees).
| Categories and Sources of Information that we Collect | To Whom We Disclose or Share Personal Information for a Business Purpose |
Identifiers (e.g., name, address, email address, telephone number, IP address) We collect this information from you, third parties, and our Site. | · Advertising networks · Affiliates or subsidiaries · Business partners · Data analytics providers · Government entities, as may be needed to comply with law or prevent illegal activity · Joint marketing partners · Other Service Providers · Payment processors and financial institutions · Professional services organizations, this may include auditors and law firms |
Personal Information categories described in Cal. Civ. Code § 1798.80(e) (e.g., driver’s license number, financial information) We collect this information from you and from third parties. | · Affiliates or subsidiaries · Government entities, as may be needed to comply with law or prevent illegal activity · Other Service Providers · Payment processors and financial institutions · Professional services organizations, this may include auditors and law firms |
Protected classification (e.g., age, race, color, ancestry, national origin, marital status, sexual orientation) We collect this information from you and from third parties. | · Affiliates or subsidiaries · Government entities, as may be needed to comply with law or prevent illegal activity · Other Service Providers · Professional services organizations, this may include auditors and law firms |
Commercial information (e.g., records of personal property, products, or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies) We collect this information from you, and generate it internally during transactions with you. | · Affiliates or subsidiaries · Business partners · Government entities, as may be needed to comply with law or prevent illegal activity · Joint marketing partners · Other Service Providers · Payment processors and financial institutions · Professional services organizations, this may include auditors and law firms |
Internet or other electronic network activity information (e.g., browsing history, search history, information regarding a consumer’s interaction with an internet website) We collect this information from you, third parties, and from our Site. | · Advertising networks · Affiliates or subsidiaries · Data analytics providers · Government entities, as may be needed to comply with law or prevent illegal activity · Other Service Providers · Payment processors and financial institutions · Professional services organizations, this may include auditors and law firms |
Audio, electronic, visual, thermal, olfactory, or similar information We do not collect this information. | · Affiliates or subsidiaries · Government entities, as may be needed to comply with law or prevent illegal activity · Other Service Providers · Professional services organizations, this may include auditors and law firms |
Professional or employment-related information (e.g., current employment, work experience) We collect this information from job applicants and employees. | · Affiliates or subsidiaries · Government entities, as may be needed to comply with law or prevent illegal activity · Other Service Providers · Payment processors and financial institutions · Professional services organizations, this may include auditors and law firms |
Education information We collect this information from job applicants and employees. | · Affiliates or subsidiaries · Government entities, as may be needed to comply with law or prevent illegal activity · Other Service Providers · Professional services organizations, this may include auditors and law firms |
Inferences (e.g., profiles about consumers reflecting consumer preferences, behavior, attitudes) We collect this information from you and generate this information internally. | · Affiliates or subsidiaries · Business partners · Joint marketing partners · Other Service Providers |
Sensitive Personal Information Sharing Chart
| Categories of Sensitive Personal Information We Collect |
Purposes for which it is collected |
Is information sold or shared for the purpose of cross-context behavioral advertising |
Length of time company intends to retain information |
| Social security, driver’s license, state identification card, or passport number. | · Required by law from employees · Eligibility for employment · Business travel · To log-into customer accounts. · For employees to log-into employee accounts · To provide services or products you have requested. · Auditing · Detecting security incidents · Debugging | No | |
| Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account. | · Auditing · Detecting security incidents · Debugging · Performing services for our business, including, but not limited to, providing customer service, processing or fulfilling orders and transactions, verifying customer information, enforcing our contractual rights, or marketing and advertising. · Undertaking internal research · To provide services or products you have requested. | No | |
| Racial or ethnic origin, religious or philosophical beliefs, or union membership. | · We may collect this information from employees where it is voluntarily provided. | No | |
| Contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication | · We monitor the work-related email accounts of our employees. | No | |
| Health | · We may collect information from employees about job-related medical conditions that impact your ability to perform your job with or without a reasonable accommodation, and health and sickness related information related to reasons for time away from work. | No |
