PRIVACY POLICY

Effective Date: January 1, 2020

Privacy Policy Overview

Thank you for visiting the website of Gleneagles Homes, Inc., doing business as Gary McDonald Homes (hereinafter, “Gary McDonald Homes”). This website, https://garymcdonaldhomes.com/ is owned and operated by Gary McDonald Homes located at 11861 N Alicante Dr., Fresno, CA 93730.  This website (our “Site”) is designed to familiarize you with the services of Gary McDonald Homes, Inc. (collectively, “us”, “we”, or “Gary McDonald Homes”).  We respect your privacy and are committed to protecting it through our compliance with this Privacy Policy (the “Policy”). 

Gary McDonald Homes provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use, protection, and disclosure of Personal Information, as defined below, received from your use of this Site, as well as all related websites including our subdomains, applications, browser extensions, and other services provided by us (collectively, together with the Site, our “Service”), and in connection with our customer, vendor, and partner relationships. 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 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 Information as described herein.  This Policy may change from time to time to best meet the needs of Gary McDonald Homes’ 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.

  • Personal Information Collected

We adopt this Policy to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Personal Information under the CCPA is defined as 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 device.

This Section 1 does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals. To find this information regarding employment-related personal information, please see Section 6 below. 

We have collected the following categories of Personal Information from consumers within the last twelve (12) months:

Category Examples Collected
A. Identifiers. 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. YES
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)). A 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.

Some personal information included in this category may overlap with other categories.

YES
C. Protected classification characteristics under California or federal law. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information). YES
D. Commercial information. Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. NO
E. Biometric information. Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data. NO
F. Internet or other similar network activity. Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement. YES
G. Geolocation data. Physical location or movements.  YES
H. Sensory data. Audio, electronic, visual, thermal, olfactory, or similar information. NO
I. Professional or employment-related information. Current or past job history or performance evaluations. NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)). Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.  NO
K. Inferences drawn from other personal information. Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. YES

While California law applies only to California residents, we believe everyone should have the same privacy rights regardless of where you live.  So this Policy applies to all of our users. 

  • Purpose of Using Your Information

We may use or disclose the Personal Information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a pre-qualification or ask a question about our services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new service orders.
  • To provide, support, personalize, and develop our Site and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Site experience and to deliver content and service offerings relevant to your interests.
  • To help maintain the safety, security, and integrity of our Site and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Site and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Gary McDonald Homes’ assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Gary McDonald Homes about our Site users is among the assets transferred.

Gary McDonald Homes will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

  • How We Obtain Information

We collect several types of information from and about you through the following sources:

  • Information Voluntarily Provided to us
  • When filling out forms on our Site (including without limitation, name, mailing address, email address, and telephone number).
  • Information you submit when you enter a contest or promotion sponsored by us.
  • Information you submit when you report a problem with our Site.
  • Records and copies of your correspondence (including email addresses and attachments to those e-mails), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Site and of the fulfillment of your orders.
  • Your search queries on the Site.
  • 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 Gary McDonald Homes or postings on any of Gary McDonald Homes’ social media platforms, such as Facebook and Instagram may be used as testimonials or for other marketing purposes. 
  • Information From Third Parties

From time to time, we collect and use Personal Information we receive about you from third parties who initially collected such data, such as demographic firms, social media sites, advertising networks, service providers, and master developers.  We use this Personal Information to make our services and marketing efforts more relevant 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.

  • Personal Information Automatically Obtained by Use of Service

Log Data: When you use our Service, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the web-pages you visit, the search terms you use, and any advertisements on which you click.

Cookies and Similar Technologies: Like many websites, we also use “cookie” technology to collect additional website usage data and to improve the Site and our Service. A cookie is a small data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Site and our service and is deleted from your computer when you disconnect from or leave the Site. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the Site. Persistent cookies can be removed by following your web browser help file directions. Most Internet browsers automatically accept cookies. Gary McDonald Homes may use both session cookies and persistent cookies to better understand how you interact with the Site and our Service, to monitor aggregate usage by our users and web traffic routing on the Site, and to improve the Site and our Service.

Google Analytics: We use a web analytics service called “Google Analytics” to collect information about the 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 may collect 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 plant 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 Analytics.  The use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics’ Terms of Use and 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.

We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or just after you use the Service, the pages or other content you view or otherwise interact with on the Service, and the dates and times that you visit, access, or use the Service. We also may use these technologies to collect information regarding your interaction with email messages, such as whether you opened, clicked on, or forwarded a message, to the extent permitted under applicable law.

You can instruct your browser, by editing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Please note that if you delete, or choose not to accept, cookies from the Service, you may not be able to utilize the features of the Service to their fullest potential.

  • Targeted Advertising 

We engage certain third party ad networks to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may utilize cookies (including within the ads) to collect data such as your IP address, web browser, pages viewed, time spent on pages, how you use our Site, any links you click on, and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content or products, measure the effectiveness of ad campaigns, determine the proper amount of repeat views of a given ad, and deliver advertising and content targeted to your interests on our websites and other websites (also known as “interest-based advertising”).

  • Disclosure of Your Information

We may disclose Personal Information that we collect or you provide as described in this privacy policy:

  • To our sales offices.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
  • For any other purpose disclosed by us when you provide the information.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our sales agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Gary McDonald Homes, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
  • With your consent.
  • Sharing Personal Information to Third Parties

Gary McDonald Homes may disclose your Personal Information to a third party for a business purpose. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Gary McDonald Homes has disclosed the following categories of Personal Information for a business purpose:

Category
A. Identifiers.
B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
C. Protected classification characteristics under California or federal law.
F. Internet or other similar network activity.
G. Geolocation data.
K. Inferences drawn from other Personal Information.

Sales of Personal Information

We do not sell, nor have we in the preceding twelve (12) months sold, consumers’ Personal Information. 

  • How We Share Your Information

We may disclose the Personal Information we collect about you as described below or otherwise disclosed to you at the time the data is collected, including with:

Service Providers: We engage certain trusted third parties to perform functions and provide services to us, including hosting and maintenance, error monitoring, debugging, performance monitoring, billing, customer relationship, database storage and management, and direct marketing campaigns. We may share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services. We also require these third parties to act reasonably to maintain the privacy and security of the Personal Information they process on our behalf.

Compliance with Laws and Law Enforcement: Gary McDonald Homes cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against claims, for legal process (including subpoenas), to protect the property and rights of Gary McDonald Homes or a third party, to protect Gary McDonald Homes against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Service and any equipment used to make the Service available, or to comply with the law.

Other Third Parties: We may share Personal Information with our administrative office, sales offices, and business partners to whom it is reasonably necessary or desirable for us to disclose your Personal Information for the purposes described in this Policy. We may also make certain non-Personal Information available to third parties for various purposes, including for business or marketing purposes or to assist third parties in understanding our users’ interest, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and functionality available through the Site.

  • Personal Information For Applicants

Pursuant to the CCPA, this Notice pertains only to the Personal Information that we may have collected about a California resident in the course of such person acting as a job applicant to, an employee of, director of, officer of, or contractor of Gary McDonald Homes (to the extent that such person’s Personal Information is or was collected and used by Gary McDonald Homes solely within the context of the person’s role or former role as a job applicant to, an employee of, director of, officer of, or a contractor of Gary McDonald Homes). During the course of your application for employment with Gary McDonald Homes, we may collect certain information about you. The categories of information we may collect, and the purposes for collecting them, include:

Category of Information Why We Collect it
Identification and work eligibility, including your name, Social Security Number, driver’s license number, and citizenship/visa status To track your application in our systems, to conduct background checks, and to verify your eligibility to accept employment
Personal information, as defined in the California customer records law, such contact information, date of birth, mobile phone information, insurance policy number, education, employment, employment history financial information, medical information. health insurance information, and demographic information To identify you within our systems, to report metrics to the government regarding application and hiring activity, to conduct background checks, and to contact you to follow up on your application
Biometric data such as drug tests If applicable, to conduct other pre-employment background checks and screening, including but not limited to criminal record checks, sex offender registry checks, professional license/credential checks, education and employment verifications, and credit checks
Geolocation data As necessary or appropriate to protect the rights, property or safety of us, our customers or others
Professional or employment-related information, including but not limited to education, employment, and professional information, including professional licenses To process, evaluate, and communicate with you about your application and assess your eligibility and fit for the role for which you applied
Inferences drawn from any of the Personal Information listed above To assess your qualifications for certain positions
  • How We Protect Your Information

The security of your Personal Information is important to us and Gary McDonald Homes uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your Personal Information consistent with industry standards. Please remember, however, that no method of transmission over the Internet or method of electronic storage is 100% secure.  While we strive to use commercially reasonable means to protect your Personal Information, we cannot ensure or warrant the absolute security of any information you transmit to Gary McDonald Homes or the Site, and you do so at your own risk.  Once we receive your transmission of information, Gary McDonald Homes makes commercially reasonable efforts to ensure the security of our systems. Of course, no method of Internet transmission or data storage can provide guaranteed protection to your information. In the event that Personal Information is compromised as a result of a breach of security, Gary McDonald Homes will promptly notify those persons whose Personal Information has been compromised, in accordance with the notification procedures set forth in this Policy, or as otherwise required by applicable law.

  • Links to Other Websites

Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through the Service. We encourage you to read the privacy policies or statements of the other websites you visit.

  • Notification Procedures

It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Site page, as determined by Gary McDonald Homes in its sole discretion.  By providing Gary McDonald Homes your email address, you consent to our use of your email address to send you Site and service-related notices, including any notices required by law, in lieu of communication by postal mail provided that we reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification as described in this Policy.

  • Minors

Gary McDonald Homes and its Services are intended for an audience over the age of 18. We don’t knowingly collect Personal Information from children under 16. Because we don’t knowingly collect this information, Gary McDonald Homes also does not sell personal information of minors under 16 years of age. If we find out that a child under 13 has given us Personal Information, we will take steps to delete that information. If you believe that a child under the age of 16 has given us Personal Information, please contact us through the Contact Us section on the Site. 

  • Changes to Our Privacy Policy

It is our policy to post any changes we make to our Policy on this page.  The date the Policy was last revised is identified at the top of the page.  You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Site and this Policy to check for any changes.

  • CCPA: Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their Personal Information. This section describes your CCPA rights and explains how to exercise those rights.

  • Access to Specific Information and Data Portability Rights

You have the right to request that Gary McDonald Homes disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once we receive and confirm your request, we will disclose to you:

  • The categories of Personal Information we collected about you.
  • The categories of sources for the Personal Information we collected about you.
  • Our business or commercial purpose for collecting or selling that Personal Information.
  • The categories of third parties with whom we share that Personal Information.
  • The specific pieces of Personal Information we collected about you (also called a data portability request).

If we disclosed your Personal Information for a business purpose, a separate list disclosing disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.

  • Deletion Request Rights

You have the right to request us to delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your request your Personal Information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
  • 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 the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a request to us by either:

Call: 559.256.4537

Email: jeani@gmhomesdev.wpengine.com

Send mail to: 11861 N. Alicante Dr., Fresno, CA  93730-8867 Attn: Jean Ishimoto

Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your Personal Information. 

You may only make a request for access or data portability twice within a 12-month period. The 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.
  • 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.

Making a request does not require you to create an account with us. We will only use Personal Information provided in a request to verify the requestor’s identity or authority to make the request.

  • Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

We provide these tools for your benefit and we will never discriminate against you for using them. But if you choose to delete your data or close your account, we won’t be able to offer you services that require us to use your data.

  • Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to jeani@gmhomesdev.wpengine.com.

  • Disclaimer

Although our Site is accessible throughout the world, our Site is designed for and targets U.S. audiences, and is governed by and operated in accordance with the laws of the United States. We make no representation that our Site is operated in accordance with the laws or regulations of, or governed by, other nations, and we do not warrant or imply that our Site or content/materials on our Site are appropriate for use outside of the United States. 

  • Contact Us

If you have any questions about this Privacy Policy, the practices of this Site, your dealings with this Service, or wish to update us with your preferences, you may contact us using one of the following methods:

Call: 559.256.4537

Email: jeani@gmhomesdev.wpengine.com

Send mail to: 11861 N. Alicante Dr., Fresno, CA  93730-8867 Attn: Jean Ishimoto