Homes & Land Privacy Policy

Date Last Revised: July 6, 2020

Certain features of our web site request that you enter personal information, including your name, address, email address, phone number, etc. These features include, but are not limited to, requests for a free magazine, emails sent to advertisers, and emails sent to Homes & Land Publishers. Any feature that requests personal information from you will include a link to this Privacy Policy.

HomesAndLand.com is a venue designed to promote the magazines of NewPoint Franchisor, LLC and to assist consumers in contacting its advertisers. Therefore, some of the information you send us is shared with our Publishers and their advertisers. Neither Homes & Land Publishers nor their advertisers are governed by this privacy policy.

Some Advertisers on HomesAndLand.com provide links to other web sites not controlled by HomesAndLand.com. These other sites may send their own cookies to users, collect data, or solicit personal information.

HomesAndLand.com (the "Web Site") is owned by NewPoint Franchisor, LLC and operated by NewPoint Group, LLC and its affiliates (collectively "NewPoint", "us", "we" or "our"). This Privacy Policy, together with our Terms and Conditions (collectively, the "Agreement") form a legally binding agreement between you ("you" or "your") and NewPoint. This Agreement governs your access to and use of any NewPoint Web Site and your use or attempted use of our products and services (collectively, "Your Use"). Your use of the Web Site shall be deemed to constitute your consent to be bound by this Agreement and shall be enforceable in the same way as if you had signed this Agreement.

Contents

1. Scope of the Policy
2. Information We Collect
3. How We Use Your Information
4. How We Share Your Information
5. How We Store and Protect your Information
6. Your Rights and Choice Regarding Your Data
7. Third Party Links and Behavioral Tracking
8. Children's Data
9. Changes to This Privacy Policy
10. Contact Us

1. SCOPE OF THE POLICY

This policy applies to all visitors to this Web Site and all of NewPoint's websites and services, including any apps, websites, features, and other services. Please remember that your use of this Web Site is also subject to our Terms and Conditions.

2. INFORMATION WE COLLECT

A. Information You Provide to Us

When you provide information on our Web Site, such as your name, telephone number, address, or other personal information, we collect that information.

When you contact us or we contact you, we collect any information that you provide, including the contents of the messages or attachments you send us.

B. Information We Collect When You Use the Web Site

Cookies, Analytics, and Third Party Technologies.
We collect information through the use of "cookies," tracking pixels, data analytics tools like Google Analytics, SDKs, and other third party technologies to understand how you navigate through the Web Site, to improve your site experience, to serve you better ads on other sites, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help web sites and apps recognize your browser. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may miss out on certain features of the Web Site.

NewPoint also collects some anonymous information each time you visit the Web Site so we can improve the overall quality of your online experience. We collect your IP address, referral data, browser, and platform type. You do not have to register with NewPoint before we can collect this anonymous information. We do not collect any unique information about you (such as your name, email address, etc.) except when you specifically and knowingly provide such information.

NewPoint does not require you to share information that identifies you personally, such as your name or email address, in order for you to use the Web Site.

If you request more information on a policy or an application, we will collect your personal information only so that we can get you the information you have requested. Like most standard Web Site servers, we use log files to collect and store this anonymous user information. We analyze this information to examine trends, administer the Web Site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. NewPoint may present links in a format that enable us to understand whether they have been followed.

3. HOW WE USE YOUR INFORMATION

We use your personal information to:

• Communicate with you;
• Provide customer support;
• Improve the Web Site; and
• Respond to legal proceedings and obligations.

Communicate With You.
We may use the information we collect from you to provide you additional information on goods or services that you have requested. This may include calls at the number you have provided or additional marketing communications by email.

Provide Customer Support.
We work hard to provide the best experience possible, including supporting you when you need it. To do this, we use your personal information to:

• Assist you in resolving questions or issues you have regarding the Web Site; and
• Provide you support or respond to you.

Improve the Web Site.
We are always working to improve your experience and provide you with new and helpful features. To do this, we use your personal information to:

• Perform research, testing, and analysis;
• Develop new products, features, partnerships, and services;
• Prevent, find, and resolve software or hardware bugs and issues; and
• Monitor and improve our operations and processes, including security practices, algorithms, and other modeling.

Respond to Legal Proceedings and Obligations.
Occasionally the law, government entities, or other regulatory bodies impose demands and obligations on us with respect to the services we seek to provide. In such a circumstance, we may use your personal information to respond to those demands or obligations.

4. HOW WE SHARE YOUR INFORMATION

Sharing With Third-Parties for Business Purposes.
We may share aggregated general information about our site with our corporate partners or others. Examples of this include the daily number of unique visitors or how many users clicked on a particular advertisement. Aggregated data does not contain any personal information that could be used to contact or identify you.

We may share your personal information with other companies or individuals in any of the following limited circumstances:

• To provide such information to trusted businesses or persons for the sole purpose of processing personal information on our behalf. When this is done, it is subject to agreements that require those parties to process such information only on our instructions and in compliance with this Privacy Policy and appropriate confidentiality and security measures.
• If you have an account, we may share the information submitted under your account among all of our services in order to provide you with a seamless experience and to improve the quality of our services. We will not disclose your account information to other people or non-affiliated companies, except in the limited circumstances described in this Privacy Policy or with your consent.
• We may store and process personal information collected on our site in Canada or any other country in which NewPoint or its agents maintain facilities. By using our services, you consent to the transfer of your information among these facilities, including those located outside your country.
• NewPoint may use third party service providers to serve ads and emails on our behalf. These companies may use technologies to measure the effectiveness of ads and emails and use information about your visits to NewPoint so that we can provide a better experience to you. For this purpose, we may also provide these third party service providers anonymous information about your site navigation. You can remove your email at any time by sending an email to [email protected].
• We may share certain information about you with carefully selected business partners such as advertising networks and data brokers, including those who may offer services that complement those provided by us or which we believe may be of interest to you. We may also disclose information to third parties who assist us in providing our services to you. For example, we may engage third parties to make improvements on our site, to offer new products, and to allow us to customize your experience on the Web Site.

For Legal Reasons. We may share your personal information in response to a legal obligation, or if we have determined that sharing your personal information is reasonably necessary or appropriate to:

• Comply with any applicable federal, state, or local law or regulation, civil, criminal, or regulatory inquiry, investigation or legal process, or enforceable governmental request;
• Respond to a legal process (such as a search warrant, subpoena, summons, or court order);
• Enforce our Terms and Conditions;
• Cooperate with law enforcement agencies concerning conduct or activity that we reasonably and in good faith believe may violate federal, state, or local law; or
• Exercise or defend legal claims, protect against harm to our rights, property, interests, or safety or the rights, property, interests, or safety of you, third-parties, or the public as required or permitted by law.

In Connection With a Sale or Merger.
We may share your personal information while negotiating or in relation to a change of corporate control such as a restructuring, merger, or sale of our assets.

Otherwise With Your Consent.
With your permission or upon your direction, we may disclose your personal information to interact with a third party or for other purposes.

5. HOW WE STORE AND PROTECT YOUR INFORMATION

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. We restrict access to your personally identifying information to employees who need to know that information in order to operate, develop, or improve our services.

6. YOUR RIGHTS AND CHOICE REGARDING YOUR DATA

A.    All Users.

Review and Request Changes.
If you would have to review and request changes of your personal information that has been collected by the Web Site, please contact [email protected]

Email Subscriptions.
You can always unsubscribe from our commercial or promotional emails by clicking unsubscribe in those messages. We will still send you transactional and relational emails about your use of the Web Site.

Cookie Tracking.
You can modify your cookie settings on your browser but, if you delete or choose not to accept our cookies, you may be missing out on certain features of the Web Site.

B.    California Residents.

The California Consumer Privacy Act (CCPA) provides California residents with the additional rights listed below.

Right to Know.
You have the right to know and see what data we have collected about you over the past 12 months, including:

• The categories of personal information we have collected about you;
• The categories of sources from which the personal information is collected;
• The business or commercial purpose for collecting your personal information;
• The categories of third parties with whom we have shared your personal information; and
• The specific pieces of personal information we have collected about you.

Right to Delete.
You have the right to request that we delete the personal information we have collected from you. There are a number of exceptions, however, that include, but are not limited to, when the information is necessary for us or a third party to do any of the following:

• Complete your transaction;
• Provide you a good or service;
• Perform a contract between us and you;
• Protect your security and prosecute those responsible for breaching it;
• Fix our system in the case of a bug;
• Protect the free speech rights of you or other users;
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et seq.);
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interests that adheres to all other applicable ethics and privacy laws;
• Comply with a legal obligation; or
• Make other internal and lawful uses of the information that are compatible with the context in which you provided it.

Do Not Sell My Personal Information.
You have the right to request that we do not sell your personal information. Please send an email with the information below so that we can process your request in an efficient manner:

To: [email protected]
Subject: Privacy request
Message body:

• First and last name
• Residential Address
• Email address
• Phone number

Please specify which right you wish to exercise:

• Access my information (your information will be sent to you via a reply email)
• Delete my information (confirmation will be sent to you via a reply email when complete)
• Do not sell my personal information (confirmation will be sent to you via a reply email when complete)

Please include the following statement:

"I am the person whose name appears on the form, I am a resident of California, and the information I have provided is accurate."

Please note that we do not knowingly sell the personal information of minors under 16 years of age without legally-required affirmative authorization.

Authorized Agent.
You have the right to appoint another person or entity registered with the Secretary of State ("Authorized Agent") to make a request for you. If you appoint an Authorized Agent you must provide us with legal authorization indicating your consent to have an Authorized Agent act on your behalf. Examples of acceptable forms of legal authorization include, but are not limited to, a fully executed Power of Attorney or a notarized affidavit.

Other Rights.
You can request certain information about our disclosure of personal information to third parties for their own direct marketing purposes during the preceding calendar year. This request is free and may be made once a year. You also have the right not to be discriminated against for exercising any of the rights listed above.

Exercising Your California Privacy Rights.
To request access to or deletion of your personal information, or to exercise any other data rights under California law, please contact us using the following method:

E-mail: You may write to us to exercise rights. Please include your full name, residential address, e-mail address, and phone number, along with why you are writing, so that we can process your request in an efficient manner. Please e-mail us at [email protected].

Response Timing.
After submitting your request for access or deletion, you will receive a confirmation receipt within 10 business days that includes additional information. We aim to respond to a consumer request for access or deletion within 45 days of receiving that request. If we require more time, we will inform you of the reason and extension period in writing.

NOTE: We may revise this privacy notice from time to time as implementing regulations further develop and come into effect.

C.    European Union Citizens

European Union citizens have certain rights under the General Data Protection Regulation (GDPR), including the following:

• Right to be informed. You have the right to know whether your personal information is being processed.
• Right of access. You have the right to obtain copy of what is being processed.
• Right to rectification. When personal information is inaccurate, you have the right to a process to correct the information.
• Right to erasure of your personal information (the "right to be forgotten").
• Right to restrict processing. You have the right to limit the processing of your personal information.
• Right to data portability. You have the right to receive personal information concerning you and the right to have that information transmitted from us to a controller where technically feasible.
• Right to object. You have the right to object to the processing of your personal information, including information processed for direct marketing purposes.
• Rights related to automated decision making and profiling. You have the right to not be subject to a decision based solely on automated processing.

You can exercise your rights by contacting our Data Privacy Officer at [email protected].

7. THIRD PARTY LINKS AND BEHAVIORAL TRACKING

Third Party Links.
We may include links or offers to third-party products or services on our Web Site. These third-party sites have separate and independent privacy policies. We are not responsible or liable for the content and activities of these third-party sites.

Third Party Information Gathering.
Homes & Land includes content and ads from third parties that may perform user activity tracking other than that described herein. These other sites may place their own cookies on your computer, collect data, or solicit personal information. For more information about each third party content provider, cookies, and how to "opt-out", please refer to such third party advertiser's privacy policy

8. CHILDREN'S DATA

In order to use the Web Site, you must be 18 years or older and have the power to enter into a binding contract with us and not be barred from doing so under any applicable laws; or 13 years or older and have your parent or guardian's consent to the Agreement. The Web Site is not intended for children under the age of 13, and no person under the age of 13 may use the Web Site. If you use the Web Site, you are affirming that you are at least 13 years old.

9. CHANGES TO THIS PRIVACY POLICY

We may update this policy from time to time as the Web Site changes and privacy law evolves. If we update it, we will do so online. When you use the Web Site, you are agreeing to the most recent terms of this policy.

10. CONTACT US

If you have any questions or concerns about your privacy or anything in this policy, please contact us at [email protected].