CALIFORNIA RESIDENT PRIVACY NOTICE

Information for California Residents

We collect Personal Information from California residents and comply with the California Consumer Privacy Act and related laws and regulations (“California privacy laws”). In addition to our general Privacy Notice available at https://www.candlesticksf.com/privacy-policy/, this California Privacy Notice applies to California residents (“users,” “you,” or “your”).

For the purposes of this California Privacy Notice, “Personal Information” means information that is linked or reasonably linkable to a particular individual or household. However, the following categories of information are not Personal Information:

  • Publicly available information;
  • Deidentified or aggregated data; or
  • Information otherwise excluded from the scope of California privacy laws.

This Privacy Notice provides the following information to California residents:

  • Categories of Personal Information we collect;
  • Purposes for which we use Personal Information;
  • Categories of Personal Information we disclose to third parties;
  • Categories of third parties to which we disclose Personal Information; and
  • Consumer rights under California privacy laws and how to exercise those rights, specifically including:
    • The rights to access, correct, or delete their Personal Information;
    • The right to limit the use of their Sensitive Personal Information in certain circumstances; and
    • The rights to opt out of targeted advertising, sales of Personal Information, or profiling.

Categories of Non-Sensitive Personal Information

The table below outlines the non-sensitive categories of Personal Information that we collect about California residents and whether and how they are disclosed to third parties.

We collect Non-Sensitive Personal Information from the following sources:

  • Directly from our users
Category of Personal Information: Examples Purpose(s) for Collection Targeted Advertising Sale Other Disclosures Retention Period
Identifiers Identifiers may contain the following: names and email addresses Providing personalized services and advertising We do not engage in targeted advertising or disclose this information for targeted advertising purposes This information is not sold to third parties This information may be disclosed to Processors, Affiliates, and Business Partners. We disclose Identifiers to provide services and information to customers who have contacted us. We retain this information during the life of each residential development project
Personal Characteristics Personal Characteristics may contain the following: names and email addresses Providing personalized services and advertising We do not engage in targeted advertising or disclose this information for targeted advertising purposes This information is not sold to third parties This information may be disclosed to Processors, Affiliates, and Business Partners. We disclose Personal Characteristics to provide services and information to customers who have contacted us. We retain this information during the life of each residential development project
Commercial Information Commercial Information may contain the following: records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies. Providing personalized services and advertising We do not engage in targeted advertising or disclose this information for targeted advertising purposes This information is not sold to third parties This information may be disclosed to Processors, Affiliates, and Business Partners. We disclose Commercial Information to provide services and information to customers who have contacted us. We retain this information during the life of each residential development project
Internet/Electronic Activity Internet/Electronic Activity may contain the following: information regarding a consumer’s interaction with an internet website, application or advertisement Providing personalized services and advertising We may disclose this information with advertising partners for targeted advertising purposes This information is not sold to third parties This information may be disclosed to Processors, Affiliates, and Business Partners. We disclose Internet/Electronic Activity to enable our processors to provide customer service on our behalf. We retain this information during the life of each residential development project
Inferences Inferences may contain the following: consumer profiles reflecting a consumer’s preferences Providing personalized services and advertising We may disclose this information with advertising partners for targeted advertising purposes This information is not sold to third parties This information may be disclosed to Processors, Affiliates, and Business Partners. We disclose Inferences to enable our processors to provide customer service on our behalf. We retain this information during the life of each residential development project

 

Categories of Sensitive Personal Information

The table below outlines the categories of Sensitive Personal we collect about California residents and whether they are disclosed to third parties.

We collect Sensitive Personal Information from the following sources:

  • Directly from our users
  • From our business partners (“business partners” are companies that we have a pre-existing commercial relationship with)
Category of Personal Information: Examples Purpose(s) for Collection Targeted Advertising Sale Other Disclosures Retention Period
Precise Geolocation Data Precise Geolocation Data may contain the following: the possible physical location of your device Providing targeted advertising We may disclose this information with advertising partners for targeted advertising purposes This information is not sold to third parties This information is not otherwise disclosed to third parties We retain this information during the active development and marketing phase of our planned communities

 

Use of Personal Information

We use Personal Information for the purposes described in our general Privacy Notice (see https://www.candlesticksf.com/privacy-policy/). Personal Information may also be used or disclosed as otherwise permitted or required by applicable law.

 

Disclosing Personal Information

We disclose Personal Information to the following categories of third parties:

  • Processors (also referred to as “Service Providers” or “Contractors” in California law): We use processors to securely handle Personal Information on our behalf for our business purposes and only on our instructions. California privacy laws and our contracts with these companies prevent them from using your Personal Information for their own purposes.
  • Affiliates: We may disclose your information to our affiliates, subsidiaries, and representatives as part of providing our services.
  • Our Business Partners: We may disclose relevant Personal Information to our business partners to provide you with exclusive offers for products and services that may interest you.

See the tables above for more details about how different categories of Personal Information are disclosed.

We do not sell Personal Information to anyone.

 

Exercising Your Personal Information Rights

California residents have the following rights under California privacy laws:

    • The right to know the Personal Information we have collected about them, including the categories of sources from which we collected the Personal Information, the purpose(s) for collecting, selling, or sharing your Personal Information, and the categories of third parties to whom we have disclosed your Personal Information
    • The rights to correct or delete Personal Information;
    • The right to limit the use of Sensitive Personal Information in certain circumstances;
    • The rights to opt out of targeted advertising, sales of Personal Information, or profiling; and
    • The right not to receive discriminatory treatment for exercising their privacy rights.

If you are a California resident, you can submit a request to exercise your personal data rights under California privacy laws by visiting our online portal, emailing us at privacy@fivepoint.com, or calling our toll-free number at 1-800-872-4664. We also process Opt-Out Preference Signals frictionlessly in compliance with California law. You can send an Opt-Out Preference Signal for our business to process frictionlessly by visiting our website using a device or browser that broadcasts commonly used and recognized Opt-Out Preference Signals. We will apply the Opt-Out Preference Signals we receive to the browser or device that sent the signal, the user profile associated with that browser or device, as well as the individual consumer associated with that user profile.

To protect your privacy, we may need to authenticate your identity before we respond to your rights request. We will verify your identity by sending an email to your email address on file with a link to click. If you do not complete the verification process, we may be unable to process your request. Any information you provide to authenticate your identity will only be used to process your rights request and not for any other purpose. Please be aware that we do not accept or process rights requests submitted through other means.

We will respond to your rights request within 45 days (or 15 days for requests to opt-out of the sale of Personal Information, requests to opt-out of targeted advertising, and requests to limit the use of Sensitive Personal information), though in certain cases we may inform you that we will need up to another 45 days to act on your request. If we suspect fraudulent or malicious activity on or from your account, we will delay taking action on your request until we can appropriately verify your identity and the request as authentic. Also note that each of the rights are subject to certain exceptions.

We reserve the right to decline to process, or charge a reasonable fee for, requests from a California resident that are manifestly unfounded, excessive, or repetitive.

 

Notice of Right to Opt-Out of Sale/Sharing for Targeted Advertising

California law gives California residents the right to direct a business that “sells” or “shares” their Personal Information to stop selling and/or sharing their Personal Information at any time. California law defines “selling” as exchanging Personal Information with a third party for money or anything of value, and it defines “sharing” as disclosing Personal Information to a third party for use in conducting “cross-context behavioral advertising,” also referred to as “targeted advertising.” An example of targeted advertising is displaying advertisements to a person where the advertisement is selected based on Personal Information obtained from their activities over time and across non-affiliated websites or applications to predict their preferences or interests. In certain situations and as detailed above, we share for targeted advertising Personal Information with third parties. You can opt out of the sharing of your Personal Information by visiting our online portal, emailing us at privacy@fivepoint.com, or calling our toll-free number at 1-800-872-4664.

 

Notice of Right to Limit the Use of Sensitive Personal Information

You have the right to limit some uses of Sensitive Personal Information. You may direct companies not to use Sensitive Personal Information except as necessary to provide goods or services you have requested or other exempt purposes.

However, we only use Sensitive Personal Information for purposes that are exempt from this right, such as to provide you with goods or services you have requested, to detect and prevent security incidents, or verifying the quality of our goods and services. The full list of these exempt purposes are specified in California Code of Regulations, Title 11, Section 7027(m).

 

Children’s Data

We do not knowingly collect or use the Personal Information of children under 16. If you believe that we have collected the Personal Information of a child under 16, please contact us at privacy@fivepoint.com.

 

Authorized Agent Requests

California privacy law allows you to designate an authorized agent to make a rights request on your behalf. Your authorized agent may submit such a request by following the same method described above in the section titled Exercising Your Personal Information Rights. We may require verification of your authorized agent’s authority in addition to the information we require for verification of your identity.

 

Contact Us

If you have any questions or concerns regarding this California Privacy Notice, contact us at privacy@fivepoint.com.

Last updated: October 2023