Notice Effective: August 20, 2024
PRIVACY NOTICE
This Privacy Notice (the “Privacy Notice” or “Notice”) is to inform you how Fischer Homes, Inc. (collectively, “Fischer Homes” or “we” or “us”) will collect, transfer, store, and/or use (“process”) personal information, including personally identifiable information, that you submit or we collect through our social media channels, offline activities such as phone calls, emails, or in person, and our website located at https://www.fischerhomes.com/ (the “Site”).
This Notice is subject to our Terms of Service, which are incorporated herein by reference. Please read it carefully. By using the Site, you understand and are accepting the practices described in this Notice and accept its terms. You also give your express permission for us to process personal information in accordance with this Notice.
We reserve the right to modify or amend this Notice at any time to reflect changes in our personal information practices or applicable law. Should it be necessary to do so, will notify you and/or request your express consent, if required, of any material changes to this Notice by posting such changes at the Site or by other acceptable means. Each version of the Notice is identified at the top of the page by its Last Updated date. Your continued use of the Site after changes have been posted constitutes your acceptance of the Notice as amended for personal information collected going forward, unless additional consent is required under applicable law. If you do not agree to the terms of our Notice, please do not use the Site or provide us your personal information.
COLLECTION AND USE OF PERSONAL INFORMATION
INFORMATION AUTOMATICALLY COLLECTED
INTEREST-BASED ADVERTISING / RE-TARGETING
DO NOT TRACK SIGNALS
PURPOSES OF INFORMATION COLLECTION AND PROCESSING
HOW WE DISCLOSE YOUR PERSONAL INFORMATION
CALIFORNIA SHINE THE LIGHT NOTICE
YOUR STATE DATA PRIVACY RIGHTS
RETENTION OF INFORMATION
NOT INTENDED FOR USE OUTSIDE U.S.
SECURITY
CHILDREN'S INFORMATION
LINKS TO OTHER WEBSITES
TERMS OF USE
CONSUMERS WITH DISABILITIES
CONTACT
We collect most of the personal information about you directly from you—in person, by telephone, by email, and/or via our Site.
Personal Information That You Provide To Us. You may provide us with certain personal information, such as information collected directly from you when you provide it to us, such as information that you provide by filling in forms in-person or on the Site. We may collect the following categories of personal information:
Specifically, we collect following information:
We may also collect your information if you contact us for customer service purposes:
We may also use automatic data collection technologies to collect certain information:
Cookies & Other Technologies. A cookie is a small file containing a string of characters that may be sent to your web browser when you visit a website. Cookies might be used for the following purposes: (1) to enable certain functions; (2) to provide analytics; (3) to store your preferences; and (4) to enable ad delivery and behavioral advertising.
Cookies can either be session cookies or persistent cookies. A session cookie expires automatically when you close your browser. A persistent cookie will remain until it expires or you delete your cookies. Expiration dates are set in the cookies themselves, some may expire after a few minutes while others may expire at a later time. Cookies placed by the website you’re visiting are sometimes called “first party cookies,” while cookies placed by other companies are sometimes called “third party cookies.”
The Site uses cookies that are sent by us or our third-party services. The use of cookies and other technology, described below, allows us to make our Site more responsive to your needs by delivering a better and more personalized experience to you. We use these cookies to identify you as a valid user, to ensure that no one else can sign on simultaneously with your account from another computer and to help us serve you better based on your registration preferences. We may also use cookies to help us facilitate any promotions or surveys that we provide. You can reset your browser to refuse cookies or to indicate when a cookie is being sent. By changing your preferences, you can accept all cookies, you can be notified when a cookie is set, or you can reject all cookies. If you do so and cookies are disabled, you may be required to re-enter your information more often and certain features of our Site may be unavailable.
The following information may automatically be received and/or collected from you through the Site: IP address, browser type, browser language, internet service provider (ISP), resource requested, date and time of resource request, and HTTP referring resource (if provided by the browser), operating system, and/or clickstream data. We aggregate this data, and may combine this data with other information we collect about you to better understand how visitors use our site, improving user experience, and to help manage, maintain, and report on use of our website. We also store IP addresses for fraud detection and prevention purposes.
Pixels. Pixels (also known as web beacons) are code embedded within a service. There are various types of pixels, including image pixels (which are one-pixel transparent images) and JavaScript pixels (which contain JavaScript code). Pixels are often associated with cookies and are used for similar purposes. When you access a service that contains a pixel, the pixel may permit us or a third party to drop or read cookies on your browser, or collect other information about your browser or device. Pixels may collect and send IP addresses, URLs, and other information from an advertisement that you click associated with your visit to our Website to other third-parties.
Third-Party Service Providers: We sometimes utilize third-party service providers to help us track the activity within the Site and to receive information about you for marketing purposes. These third parties may use cookies and other tracking technologies. Our third-party service providers include the following:
Analytics: We may use a third party such as Google Analytics to help us gather and analyze information about the areas visited on the Site (such as the pages most read, time spent, search terms and other engagement data) in order to evaluate and improve the user experience and the Site. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser plug-in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. You can also obtain additional information on Google Analytics' data privacy and security at the following links:
More Information. You may learn more about cookies and how to opt out of them by visiting the following third-party website: http://www.allaboutcookies.org/.
We may partner with third parties such as ad networks and other advertising companies to display advertising on our Site and manage our advertising on other sites. Our third-party partners, listed above, may use technologies such as cookies and pixel tags to gather information about your activities on our Site and other sites (such as web pages you visit and your interaction with our advertising and other communications) in order to make predictions about your preferences and provide you with tailored advertising across the Internet based upon your browsing activities and interests. This information may also be used to evaluate the effectiveness of our online advertising campaigns.
If you would like to opt out of having your personal information used for the purpose of serving you interest-based ads, you may do so by clicking here and following the instructions. Please note this does not opt you out of being served advertisements. You will continue to receive generic advertisements from us, but the ads will not be targeted based on behavioral information about you and may therefore be less relevant to you and your interests.
For more information about interest-based advertising and to understand your options, including how you can opt out of receiving behavioral ads from third-party advertising companies participating in the Digital Advertising Alliance, please visit the Digital Advertising Alliance at http://www.aboutads.info/choices/, or the Network Advertising Initiative at http://www.networkadvertising.org/choices/.
To successfully opt out, you must have cookies enabled on your web browser (see your browser's instructions for information on cookies and how to enable them). Your opt-out only applies to the web browser and device you use, so you must opt out on each web browser on each device you use. Once you opt out, if you delete your browser's saved cookies, you will need to opt out again.
The Site does not respond to Do-Not-Track (“DNT”) signals. To find out more about DNT, you may wish to visit the following third-party website www.allaboutdnt.com.
To opt out of interest-based advertising, please see the section Interest-Based Advertising / Re-Targeting.
We use information to provide you with a superior experience and, as necessary, to administer and manage our operations. We use your personal information in the following ways:
A legitimate interest is when we have a business or commercial reason to use your information, so long as this is not overridden by your own rights and interests. The table below explains why we process your personal information:
To provide products and/or services to you
For the performance of our contract with you or to take steps at your request before entering into a contract
To prevent and detect fraud against you or our organization
For our legitimate interests or those of a third party, i.e. to minimize fraud that could be damaging for us and for you
To display advertisements to our advertisers' target audiences
For our legitimate interests or those of a third party, i.e., to efficiently and accurately advertise to you so we can deliver the best service for you at the best price
Processing necessary to comply with professional, legal and regulatory obligations that apply to our business, e.g. under health and safety regulation or rules issued by our professional regulator
To comply with our legal and regulatory obligations
Gathering and providing information required by or relating to audits, enquiries or investigations by regulatory bodies
To comply with our legal and regulatory obligations
Ensuring business policies are adhered to, e.g. policies covering security and internet use
For our legitimate interests or those of a third party, i.e. to make sure we are following our own internal procedures so we can deliver the best service to you
Operational reasons, such as improving efficiency, training, and quality control
For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Ensuring the confidentiality of commercially sensitive information
For our legitimate interests or those of a third party, i.e. to protect trade secrets and other commercially valuable information
To comply with our legal and regulatory obligations
Statistical analysis to help us manage our business, e.g. in relation to our financial performance, customer base, product range or other efficiency measures
For our legitimate interests or those of a third party, i.e. to be as efficient as we can so we can deliver the best service for you at the best price
Preventing unauthorized access and modifications to systems
For our legitimate interests or those of a third party, i.e. to prevent and detect criminal activity that could be damaging for us and for you
To comply with our legal and regulatory obligations
Updating and enhancing customer records
For the performance of our contract with you or to take steps at your request before entering into a contract
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g. making sure that we can keep in touch with our customers about existing orders and new products
Statutory returns
To comply with our legal and regulatory obligations
Ensuring safe working practices, staff administration and assessments
To comply with our legal and regulatory obligations
For our legitimate interests or those of a third party, e.g. to make sure we are following our own internal procedures and working efficiently so we can deliver the best service to you
Marketing our services to existing and former customers, third parties who have previously expressed an interest in our services and/or third parties with whom we have had no previous dealings.
For our legitimate interests or those of a third party, i.e. to promote our business to existing and former customers
External audits and quality checks, e.g. for ISO or Investors in People accreditation and the audit of our accounts
For our legitimate interests or a those of a third party, i.e. to maintain our accreditations so we can demonstrate we operate at the highest standards
To comply with our legal and regulatory obligations
We may share the following categories of personal information with third parties:
We may share your personal information that we collect or that you provide as described in this Privacy Notice with the following categories of third parties:
We only allow our service providers to handle your personal information if we are satisfied that they take appropriate measures to protect your personal information. We impose contractual obligations on service providers, contractors, and third parties to ensure that they can only use your personal information to provide services to us and you.
We may aggregate your personal information and disclose such aggregated information to advertisers for other marketing and promotional purposes. However, we will not disclose to these entities any information that could be used to personally identify you.
We may process and transfer your personal information in and to a foreign country, with different privacy laws. In these circumstances, the governments, courts, law enforcement, or regulatory agencies of that country may be able to obtain access to your personal information through the laws of the foreign country.
We may also need to share personal information with other parties, such as potential buyers of some or all of our business or during a re-structuring. We will typically de-identify information, but this may not always be possible. The recipient of the personal information will be bound by confidentiality obligations.
You are welcome to contact us to obtain further information about our policies regarding service providers.
This Shine the Light Notice provides information on our online practices and the rights of California residents specific to our online services. Without limitation, Californians that visit our online Services and seek to acquire goods, services, money or credit for personal, family or household purposes are entitled to the following notices of their rights:
California's “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Websites who 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@fischerhomes.com or send a physical request to:
Fischer Homes, Inc.
You must put the statement “Shine the Light Request” in the body of your correspondence. In your request, please attest to the fact that you are a California resident and provide a current California address for your response. We will not accept Shine the Light requests by telephone or by fax, and are not responsible for requests not labeled or sent properly, or that are incomplete.
Residents of certain jurisdictions, such as Virginia, Nevada, Tennessee, Indiana, and Kentucky, may have additional rights with respect to their Personal Information under applicable state consumer data privacy laws. These rights are described below:
Right to Confirm
You have the right to confirm whether or not we are processing your personal information.
Your request to confirm may be denied for any reason allowable under applicable state privacy law. For example, we may deny your request to delete if the personal information is necessary for us or a service provider to complete the transaction for which we collected the personal information, comply with a legal obligation, or make other internal or lawful uses of that information that are compatible with the context in which you provided.
Right to Access
You have the right to access your personal information, subject to exceptions set out in applicable privacy legislation. Examples of such exceptions include:
Right to Delete
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
Your request to delete may be denied for any reason allowable under applicable state privacy law. For example, we may deny your request to delete if the personal information is necessary for us or a service provider to:
Right of Correction
If we maintain inaccurate personal information about you, you have the right to request us to correct that inaccurate personal information. Upon receipt of a verifiable request from you, we will use commercially reasonable efforts to correct the inaccurate personal information.
Right to Obtain a Copy
You also have the right to obtain a copy of the personal information you have provided to us in a portable, readily usable format that can be easily transferred to a third party.
Right to Opt-Out
You have the right to opt out of the following uses of your personal information:
We will act upon your request to opt-out no later than 15 days from the date we received the request. Note that we may deny a request to opt-out if we have a good-faith, reasonable, and documented belief that the request is fraudulent or for any other reason allowable under applicable state privacy law. Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sharing.
Right to Limit Use of Sensitive Personal Information
We may collect sensitive data about you, including your account login information or other credentials, social security number, government identification numbers, financial information, and precise geolocation. We take specific business practices to limit the use and disclosure of sensitive personal information, such as requiring your express consent for the collection of sensitive information.
You may direct us to limit the use of this sensitive information only for purposes necessary to:
You have a right to know if your sensitive personal information is used or disclosed to a service provider or contractor, for additional, specified purposes.
We will not use your sensitive information for any purpose other than those allowed under applicable law. You may limit the use of sensitive information for purposes other than necessary to perform the service that you request from us containting us.
Right to Non-Discrimination
You have the right to not be retaliated or discriminated against by us because you exercised any of your rights. This means we cannot, among other things:
Please note that we may charge a different price or rate or provide a different level or quality of goods and/or services to you, if that difference is reasonably related to the value provided to our business by your personal information. We may also offer loyalty, rewards, premium features, discounts, or other programs consistent with these rights or payments as compensation, for the collection of personal information, the sale of personal information, or the retention of personal information.
We will keep your personal information for as long as necessary to fulfill the purposes we collected it for and in accordance with our internal document retention policy and any applicable laws. We will retain and use personal information as long as you have an account with us or we are providing products and/or services to you. Thereafter, we will keep your personal information for as long as is necessary:
We will not retain your personal information for longer than necessary for the purposes set out in this Privacy Notice. Different retention periods apply for different types of personal information.
Under some circumstances, we may anonymize your personal information so that it can no longer be associated with you. We reserve the right to use such anonymous and de-identified data for any legitimate business purpose without further notice to you or your consent.
The Site is intended for use within the United States, and is not intended to be used in any other territory. The Site may function in countries other the United States. If you use the Site from outside the United States, you explicitly accept that your personal information may be transferred to, stored, and processed in the United States where laws regarding processing of personal information may differ than the laws of other countries.
To protect your personal information in our custody or control from theft, unauthorized access, use, modification and disclosure, and to maintain its accuracy and integrity, we have implemented reasonable technical, physical and administrative security measures. These measures include:
Although we have implemented reasonable safeguards, please note that no electronic transmission of information can be guaranteed to be entirely secure. You acknowledge and agree that we are not responsible for the theft, destruction, or inadvertent disclosure of your personal information. In the unfortunate event that your personal information is compromised, we may notify you by e-mail (at our sole and absolute discretion) to the last e-mail address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation.
Information may be held at our offices and those of our third-party agencies, service providers, representatives and agents as described above (see How We Disclose Your Personal Information).
The Site is marketed for, and directed to, adults. Individuals under the age of 18 (or the age of majority in their jurisdiction of residence, if different) are not permitted to use the Site without the supervision of a parent or legal guardian.
We do not knowingly collect or solicit personal information from anyone who we know to be under the age of 13, or knowingly allow such persons to use the Site. Should we learn that someone under the age of 13 has personal information through the Site, we will remove that personal information as soon as possible.
If you are under the age of 13, you should use the Site only with the involvement of a parent or guardian and should not submit any personal information to us at all. To the extent possible, any personal information from anyone who we know to be under the age of 13 will be destroyed.
The Site may contain links to other websites of interest. Once you have used these links to leave our site, you should note that we do not have any control over other websites. Therefore, we will not be responsible for the protection and privacy of any information you provide whilst visiting such other websites and such sites are not governed by this Notice. You should exercise caution and look at the privacy policy applicable to the website in question.
This Notice is expressly incorporated into our Site Terms of Service. Any dispute between you and us regarding the privacy of your personal information is subject to this Notice and our Site Terms of Service, including limitation on damages, resolution of disputes, and application of applicable law.
To request this Notice in an alternative format, please reach out to us at the contact information provided below.
Questions and requests related to this Notice or the manner in which we or our service providers treat your personal information, or to request access to our collection of your personal information may be directed to the Privacy Officer at the postal address listed below, or at the following email address: privacy@fischerhomes.com We will respond to such requests in accordance with applicable law.
Mailing Address:
Fischer Homes, Inc.