Privacy Statement

Last modified:          August 10, 2022

Introduction

Kiawah River Investment, LLC and Its Affiliates (“Company” or “we” or “us”) are 100% committed to protecting the privacy and security of our clients and site visitors. Whether you are visiting one of our Websites to review our product offerings, stopping by one of our developments for tour, or speaking to an employee to discuss the terms of a contract the overarching purpose of collecting your data is to improve your experience when working with us. For this purpose, we have developed a privacy statement that describes how we collect, use, disclose, transfer, and store your information. It will also tell you about your rights with regard to your personal data.

Children’s Privacy

Our services are not directed to, nor do we knowingly collect information from, children under the age of 13 or equivalent minimum age depending on the jurisdiction. If you become aware that your child or any child under your care has provided information without your consent, please contact us immediately using the contact information provided below.

Personal Information We Collect

We collect several types of information from and about users of our Website, including information: by which you may be personally identified, such as name, postal address, e-mail address, telephone number, social security number or any other identifier by which you may be contacted online or offline (“personal information”); that is about you but individually does not identify you; and/or about your internet connection, the equipment you use to access our Website and usage details. We collect this information: directly from you when you provide it to us; automatically as you navigate through the site (Information collected automatically may include usage details, IP addresses, and information collected through cookies, and other tracking technologies); and/or from third parties, for example, our business partners.

Information You Provide to Us

The personal information we collect falls into three categories: (a) information you provide to us directly; (b) information we collect through automated methods; and (c) information we collect from third parties. We use your information in a number of different ways – the use depends on the information. Where applicable, we indicate whether and why you must provide us with your Personal Information, as well as the consequences of failing to do so. If you do not provide the Personal Information when requested, we may not be able to provide you with a requested service.

Information You Provide Directly

Contact Information – We collect personal and/or business contact information which may include your first name, last name, current and/or previous mailing address, telephone number, fax number, email address, and other similar data.

Payment Information – If you submit a payment online, in our office, mail, wire transfer or we are sending a payment to you via ACH or wire, you will be required to provide a credit/debit card number and related financial information (expiration date, security code, and billing address), bank account and routing number, or personal check, depending on the form of payment you choose.

Account Information – When you create an account, we collect information including your username and password, transactions, billing, and support/contact history.

Personal and/or Sensitive Information – If you submit an application, we may collect personal information including your Social Security number, federal employer identification number (FEIN), date of birth, employment information (employer name and contact information), driver’s license number, gender, income, dependents, dependent’s date of birth, familial and marital status, ADA request, ESA or service animal, and/or personal financial statement.

Marketing and Communications – We may collect your preferences in receiving marketing from us and our third parties.

Security Credentials – We collect user IDs, passwords, email, and similar security information required for authentication and access to some of our online services.

Usage Data – When you are using our online services, we may collect usage data that includes date and time of login, location, details of your use of third-party applications, and advertising you receive.

Information through Social Media – If you participate with or share our content through social media, for example by liking us on Facebook, following or tweeting about us on Twitter, or giving us a ‘+1’ via Google Plus, those social networks will record that you have done so and may set a cookie for this purpose.

In some cases, where a page on our Website includes content from a social network, such as Twitter feed, or Facebook comments box, those services may set a cookie even where you do not click a button. As is the case for all cookies, we cannot access those set by social networks, just as those social networks cannot access cookies we set ourselves.

Your use of some social media features may result in the collection or sharing of information about you, depending on the feature. For example, these features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Such features may also allow third-party social media services to provide us information about you, including your name, email address, and other contact information. The information we receive is dependent upon your privacy settings with the social network. We encourage you to review the privacy policies and settings on the social media sites you use to make sure you understand the information that is collected, used, and shared by those sites.

Correspondence, Surveys, and Promotions – If you correspond with us by email, the postal service, phone, or other form of communication, we may retain such correspondence and the information contained in it and use it to respond to your inquiry, to notify you of products and services, keep a record of your complaint or request, and the like. Additional personal information that is collected may include voice recordings, photographs, and videos.

Information You Provide about a Third Party – There may be times where you provide us with information on a third-party. Typical reasons for providing third party contact information include so that we may recommend or send products/services to that person, for use as an emergency contact, or credit/professional reference. Local law may require you to get the consent of that person to provide their information to us. We may in turn use the information you provided in accordance with this Privacy Statement.

Information Collected Automatically

As you navigate through and interact with our Website as well as third-party advertisers, and/or service providers, we may use a variety of technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Device and Technical Data – We collect technical information when you visit our Websites or use our mobile applications, systems or services. This information may include your Internet Protocol (IP) address, your web browser type and version, the name and version of your operating system, the pages you view, the pages you view immediately before or after you access our systems, the search terms you enter in the system, and the type of mobile device you use.

Cookies and Other Tracking Technologies – We may use cookies, web beacons, and similar technologies to collect information about your online activities over time and across third-party Websites and other online services. Additional information collected may include details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website. For more information on the type of cookies used on this Website and how to control cookies, please read the Kiawah River Cookie Policy and the “Targeted Advertising” section.

Information Collected from Third-Parties

We may collect information about you from other organizations, social media platforms, or third-party marketing partners. We may also collect information that is publicly available.

How We Use Your Information

We use information that we collect about you or that you provide to us in the following ways:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us including for billing and collection.
• To notify you about changes to our Website or any product or services we offer or provide through it.
• To allow you to participate in the interactive features on our Website.
• For marketing purposes.
• For security purposes.
• To respond to your questions or concerns.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you.

Disclosure of Your Information

We may disclose aggregated information about our users, including information that does not identify any individual, without restriction.

In addition to other information for which we obtain explicit consent from you to disclose, we also may disclose personal data that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by us about our Website users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• For any other purpose disclosed by us when you provide the information.

We may also disclose your personal data:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.

Targeted Advertising

We may use third party analytics and tracking tools like Google Analytics, Adobe Marketing Cloud, Facebook Customer Audience and others to help us track, segment, and analyze usage of our Websites and to help use or those third parties serve more targeted advertising to you on our Websites or across the Internet. Those tools may use technology that includes cookies, web beacons, pixel tags, log files, Flash Cookies, or other technologies to collect and store non-personal information.

At our request, these third parties collect, and share with us, usage information about visits to our Websites, help us target our Internet banner advertisements on our Websites and on other sites, and track use of our Internet banner advertisements and other links from our marketing partners’ sites to our Websites. They may also combine information they collect from your interaction with our Website with information they collect from other sources.

We do not have access to, or control over, third parties’ use of cookies or other tracking technologies.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal data you provide to us. The following are mechanisms that provide you with control over your personal information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s Website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal data with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email stating your request to privacy@kiawahriver.com.
• Promotional Offers from the Company. If you do not wish to have your email address/contact information used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to privacy@kiawahriver.com. If we have already sent you a promotional email, you may click “Unsubscribe” at the bottom of the email or send us an email to the address above asking to be omitted from future email distributions. Please be sure to include a copy of the promotional email so that we will know what list to remove you from.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s Website.

Access to and Correction of Your Personal Data

You have the right to access your personal data; to ask that your personal data be corrected or erased; and to port your data (although your request to have your data erased may be limited by legal requirements to which we are subject). You may also have the right to object to, or request that we restrict, certain processing or to withdraw consent you have previously provided. If you have questions or would like to exercise any of these rights, you may contact us at privacy@kiawahriver.com.

If you have posted comments or other user contributions to our Website and subsequently attempted to delete them, that information may remain viewable in cached and archived pages beyond our control or might have been copied or stored by other Website users.

Please note that we do not have the technological capability at this time to selectively delete portions of personal data gathered for the creation of your user account; we can only delete your entire user account.

Third-Party Websites

Our Website and communications from us may contain links to Websites operated by third parties.  You acknowledge and agree that we not responsible for the collection and use of your information by such Websites that are not under our control.  We encourage you to review the privacy policies of each Website you visit.

Retention

Provider will not retain data longer than is necessary to fulfill the purposes for which it was collected or as required by applicable laws or regulations.

Your California Privacy Rights

California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal data to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@kiawahriver.com.

Your Rights If You Are a Resident of the European Economic Area (“EEA”)

If you are a resident of the European Union, we will process your Personal Information in compliance with the EU General Data Protection Regulation (“GDPR”).  For information submitted, we are the data controller, as defined under GDPR.  In accordance with GDPR, as a data subject you will be accorded with any applicable rights, which may include the following:

• right of confirmation;
• right of access;
• right to rectification;
• right to erasure;
• right of restriction of processing;
• right to data portability;
• right to object;
• right to withdraw data protection consent; and
• the right to lodge a complaint with a supervisory authority.

Data Security

We have implemented measures designed to secure your personal data from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we engage in reasonable efforts to protect your personal data, we cannot guarantee the security of your personal data transmitted to our Website. Any transmission of personal data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at privacy@kiawahriver.com or:

Kiawah River Investment, LLC
Attn: Legal – Privacy
3883 Betsy Kerrison Parkway
Johns Island, SC 29455
(843) 973-8600