Privacy Policy
Last Updated November 13, 2023This Privacy Policy applies to Personal Information collected by Hearthside Homes, Inc. companies, including its Affiliates (collectively referred to herein as “Hearthside Homes,” “we,” “us,” or “our”). Our other Affiliates provide their privacy policies on their respective websites.
This Privacy Policy describes the types of Personal Information we obtain, how we use the Personal Information, with whom we share it, and the choices available to you regarding our use and sharing of the Personal Information. As used herein, the words "user," "you," and "your" mean individuals who interact with Hearthside Homes. Throughout this Privacy Policy, where we refer to residents of a particular location, we mean individuals who currently reside in that location as indicated by information regarding their place of residence they have provided to us (such as through submission of an online form), or as otherwise made available to us.
Where applicable, you agree to the use of your Personal Information, as described in this Privacy Policy, each time we collect information from you, including in person and when you access or use our Sites, so we urge you to read this document in full, and Contact Us if you have any questions. Capitalized terms in this Privacy Policy that are not otherwise defined herein may be defined in the Definitions section of this Privacy Policy below.
Categories of Personal Information We Collect
We collect the following categories of Personal Information:
Contact Information
Hearthside Homes may collect your name, address, email address, physical address, or phone number as part of your interactions with us.
Demographic Information
When you interact with us, we may collect the name of your present community or a Hearthside Homes community in which you are interested and other demographic information, such as your age and areas of interest.
Transaction Information
When you transact business with us, we collect information which may include but is not limited to your social security number, government issued identification number, insurance policy number, financial information, payment card or banking information, responses to surveys, and other information necessary to complete your transaction or related thereto.
Legally Protected Characteristics
Depending on the nature of our interaction with you, we collect certain information related to legally protected characteristics. This may include information such as your age or disability. We collect this information from you in order to comply with our legal obligations or to complete transactions you have requested.
Commercial Information
Depending on the nature of our interaction with you, we collect certain commercial information related to you, including property records, records of past purchases involving Hearthside Homes or its Affiliates, or other information that you provide to us through your online Accounts. We collect this information as a result of our transactions with you, either from you directly or from our Third-Party Service Providers acting on our behalf. We also collect certain commercial information from publicly available sources in order to facilitate transactions.
Device Information
When you interact with Hearthside Homes online, we collect certain information about the computers, phones, and other devices you use to interact with us, including IP Address, operating system, Internet browser, device identifiers such as your Media Access Control (“MAC address”) or Mobile Advertising Identifier, Cookie IDs, the browser you use, your network connection, or other unique online identifiers that may be associated with you or your device. We obtain this information primarily from the use of Cookies and similar technologies. We describe our use of Cookies in more detail elsewhere in this Privacy Policy.
If you interact with Hearthside Homes through the use of your mobile device, we may obtain certain geolocation data from that interaction.
Usage Information
If you use certain products or services, including but not limited to this Website, applications offered by us or Third-Party Service Providers, or devices installed within your home, these products or services collect information about your usage of the product or service.
Video or Audio Recordings
Depending on the nature of your interaction with us, you may have provided us with video or audio recordings or consent for us to record our interactions with you. These may be recordings of your interactions with our customer representatives, voicemails you may leave us, or visits to our model homes. We collect video or audio recordings with your consent, or as permitted by applicable law. We use those recordings for training purposes, security purposes, or to respond to your request. We may also use testimonial recordings for marketing purposes but will only do so with your consent.
Educational, Professional, or Employment Related Information
Hearthside Homes collects certain educational, professional, or employment-related information about you to complete transactions you have requested.
We collect educational and professional information from you directly, or from our Third-Party Service Providers and for the specific purposes outlined during the collection.
We may share your educational information with our Affiliates and third parties, such as our Third-Party Service Providers, to facilitate transactions you have requested.
Sensitive Personal Information
Some of the Personal Information we collect, such as legally protected characteristics, may be considered sensitive Personal Information under applicable law. Where we collect sensitive Personal Information, we do so with your consent, or as permitted by applicable law.
We use sensitive Personal Information only to comply with certain legal obligations or to complete the transactions you have requested. We may share your sensitive Personal Information with our Affiliates and third parties, such as our Third-Party Service Providers, or to facilitate our transactions with you.
How We Collect Personal Information
The information we collect varies depending on how you interact with us or others:
Information You Provide to Us
You may provide information to us online or in person for any number of reasons, such as when you create an Account or visit a model home. In such cases, we, or our Third-Party Service Providers, collect the information you provide.
If you provide your email address to us and request emails regarding our products and services, you will receive commercial emails from us marketing our products and services, and we will collect your email address, other information you provide, as well as Automated Information. You may revoke your consent to receive commercial emails from Hearthside Homes marketing our products and services by clicking "unsubscribe" in marketing email communications to you. If you have opted out of the receipt of marketing emails but would like to opt back in, please click here. You may also provide your email address to us in order to receive certain stock or financial information about our company. Please be aware that changes to Your Privacy Choices may not be immediate. We will implement your changes as quickly as practicable, but in all cases, in accordance with timeframes required by applicable law.
Information from Third Parties
We collect or purchase information from third parties, including marketing companies, digital advertising agencies, third-party ad servers, third-party email servers, data aggregators, analytics providers, investor relations firms, or third-party advertising networks. Certain of this information may be gathered from your activity on the Internet. If you have responded to, or interacted with, third parties that share your information with us, we collect the information the third parties provide to us, including your email address.
Our Social Media Pages
Hearthside Homes maintains Social Media Pages on various social media platforms. If you interact with our Social Media Pages, we collect the information about your interaction with our Social Media Pages. Information posted on our Social Media Pages may become public or may be separately collected by third-party social media sites or platforms. In addition, our Sites provide social media features like "Follow," "Like," "Share" and "Link" buttons that collect your IP Address, and may place Cookies on your device in order to allow the functionality to perform properly. The information you post on our Social Media Pages is subject not only to this Privacy Policy, but also the privacy policies and terms of use of the respective third-party social media site or platform.
Devices Installed in Your Home
Devices installed in your home collect Personal Information about you and your use of the device. Certain of the information including Personal Information collected by these devices may be shared over the Internet with the third‑party providers of the devices and will be used by these companies in accordance with their own privacy policies and practices. We recommend you carefully review your agreements with, and other terms and conditions published by, these third-party providers, as well as additional information about the devices by visiting Smart Home. In homes you purchase from us, Hearthside Homes does not collect any Personal Information from these devices about you or your use of the devices. With respect to our rental homes, we or our Third-Party Property Managers are provided certain information collected by these devices, on an ongoing basis, for property management purposes.
Automated Information
We and our Third-Party Service Providers have automated means of collecting information from you when you visit our Sites, or otherwise interact with us online.
Information Collected by Cookies and Similar Tracking Technologies
We use tracking technologies, such as Cookies and Web Beacons, to collect information about your interactions with the Sites.
We describe below the various types of Cookies and related technologies we may use and the purposes they perform. Please note the specific Cookies we may use vary depending on the specific websites and services you use.
- Essential Cookies. These Cookies are strictly necessary to provide access to our Sites, provide services, and enable essential features. If you disable these Cookies, we will not be able to fulfill your requests.
- Performance and Functionality Cookies. These Cookies collect information about how you use our Sites and allow us to remember the choices you make while browsing. The information these Cookies collect does not personally identify you, but allows us to optimize our Sites and makes our Sites easier for you to use. If you disable or opt out of these Cookies, you may be unable to use certain features of our Sites, applications, and services, and it may reduce the support or information we can provide you.
- Analytics and Customization Cookies. These Cookies collect information we use in aggregate form to help us understand how our Sites are being used, how effective our marketing campaigns are, and how we may customize our Sites. If you disable or opt out of these Cookies, you may not be able to use certain features of our Sites, and it may reduce the support or information we can provide you.
- Advertising Cookies. These Cookies collect information about your browsing history and are used to make advertising messages more relevant to you. We may share this information with third parties to help create and deliver advertising personalized to you and your interests. If you disable or opt out of these Cookies, you may not be able to use certain features of our Sites, and it may reduce the support or information we can provide you.
- Social Networking Cookies. These Cookies are used to enable you to share pages and content on our Sites through third-party social networking and other websites. These Cookies may also be used for advertising purposes.
- Flash Cookies. Flash Cookies, otherwise called Flash Local Stored Objects, personalize your visit, store your preferences or the information you have input, or collect and store Automated Information about you. Flash Cookies are different from browser Cookies and will not be affected by changes in browser settings. Please visit Adobe to learn more about Adobe Flash Cookies and how to prevent such Adobe Flash Cookies from being stored on your computer or device. If you do not consent to the placement of Adobe Flash Cookies, you may not be able to enjoy certain of the functionality on our Sites.
- Web Beacons. Web Beacons (also known as GIFs or clear GIFs) and similar technologies are electronic images that may recognize Cookies on your browser when you view a website or an email. Controlling and Opting Out of Cookies
To see the specific Cookies we are placing and Cookies placed by certain third parties, opt out of those you do not wish to receive, or opt back in after you have previously opted out, your browser or device may offer settings that allow you to choose whether browser Cookies are set and to delete them. For more information about these controls and to exercise your Cookie preferences, visit your browser or device's help material. If you choose to reject Cookies, as noted above, you may not be able to use certain features of our Sites and services. To learn more about Cookies, visit https://www.allaboutcookies.org. To learn more about Cookies placed by third parties, please review the privacy and cookie policies of the third parties.
How We Use Personal Information
We use the Personal Information we collect for the following business purposes:
Communicating with You
We may use Personal Information to prepare and perform our contracts with you, respond to and fulfill your requests, complete the transactions you have requested, and provide you with information and updates regarding our ongoing relationship. We may also use Personal Information to provide you with updates and announcements about our products and services, send information to you regarding our Sites, and support direct marketing and other opportunities of Hearthside Homes and third parties as described in this Privacy Policy. In this regard, we may contact you by email, postal mail, phone, or text message, including via autodialer, social media, or other means. You may visit Your Privacy Choices to control certain types of contact.
Providing, Improving, and Developing Our Products and Services
We use Personal Information to help us provide, improve, and develop our products, services, and advertising. This includes using Personal Information for purposes such as data analysis, research, and audits. Wherever such use is not strictly related to the performance of our contract with you, this processing is based on our legitimate interest in offering you products and services and for business continuity.
Offering and Measuring Targeted Advertisements and Services
We may use Personal Information to personalize your experience with our products and services, on third-party websites and applications, and to determine the effectiveness of our promotional campaigns.
Promoting Safety and Security
We use Personal Information to help verify user activity, as well as promote safety and security, such as by monitoring fraud and investigating suspicious or potentially illegal activity or violations of our terms or policies, and comply with any applicable law, regulation, legal process, or governmental request. Such use and processing are based on our legitimate interest in helping maintain the safety of our company and users who interact with us online.
How Long We Keep Your Personal Information
We will retain your Personal Information for as long as needed to fulfill the above-mentioned purposes and will not further process the data in a way that is incompatible with these purposes. We use the following criteria to determine how long to retain Personal Information: the length of time that we have a relationship with you, and the services we provide to you; your requests to us regarding your information, or our services; any applicable legal, contractual, tax, or accounting purposes; and technical considerations and feasibility.
Those with Whom We Share Personal Information
To the extent permitted by applicable law and Your Privacy Choices, Hearthside Homes discloses information including your Personal Information we collect online as well as information we may have collected about you in person, without notice to you, to the following categories of third parties:
Hearthside Homes Affiliates
Hearthside Homes and its Affiliates may share your Personal Information with one another. Such sharing occurs primarily to complete transactions that you have requested. Such sharing may be for the direct marketing purposes of Hearthside Homes or its Affiliates. Hearthside Homes is the party responsible for the management of your Personal Information that is jointly used by our Affiliates.
Analytics Providers
Certain of our Third-Party Service Providers assist us in analyzing Automated Information we, and they, collect regarding the online behavior of visitors to our Sites.
Interest-Based Advertising Providers
Hearthside Homes utilizes Third-Party Service Providers to deliver advertisements, including interest-based advertisements, to you based on your previous online behavior, including your browsing history and other Automated Information they have collected about you while you have visited websites and utilized applications. Our interest-based advertisements may be delivered to you on our Sites, across the Internet, and across your devices.
Storage Providers
We may share your Personal Information with third parties for the purpose of helping us gather, store, and maintain data.
Other Third Parties
Third Parties Involved in Your Transaction. We may share information about your transaction with your settlement agent, the land seller, land developer, master developer of your community, or homeowner association, if needed, to execute the transaction or allow a third party to perform its responsibilities.
Co-Branded Products or Services. Some Hearthside Homes products and services may be promoted with other companies, including our Affiliates. If you request information about these co-branded products and services, your Personal Information will be shared by Hearthside Homes with the other company associated with the co-branded advertisement. The information will be collected, used, and shared in accordance with each company's privacy policy and other agreements with you, including Your Privacy Choices.
Additional Purposes for Sharing
Legal Matters
It may be necessary to comply with the law, legal process, litigation, or requests from public or governmental authorities within or outside your country of residence for us to disclose Personal Information. We may also disclose Personal Information if we determine, for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose Personal Information if we determine that disclosure is reasonably necessary to protect our rights and pursue available remedies, enforce our terms and conditions, investigate fraud, or protect our operations or users.
To Investigate and Prevent Suspicious Activity
We may monitor your use of our Sites or use your Personal Information to identify fraudulent activities and transactions, prevent violations of our Terms of Use that govern our Sites, and prevent and prosecute misuse of our Sites. Our efforts in this regard may result in the collection and analysis of additional information about your online behavior that we may share with our Third-Party Service Providers that are assisting us in our security efforts.
Business Transactions
In the event of a potential or actual sale, spin-off, merger, or similar corporate transaction involving a business unit of Hearthside Homes or one of our rental communities, we may share your Personal Information with potential or actual buyers or other parties to the transaction and for purposes related to the transaction (e.g., pre-transaction due diligence, or transfer of the business as a result of the transaction). If we share your Personal Information as part of such a transaction, the privacy policy and practices of the buyer will apply to the collection, use, and sharing of your Personal Information going forward.
Text Messages
We and our Third-Party Service Providers may offer you the ability to receive SMS text messages, including those sent using automated means. When you provide us your phone number, you represent you are the subscriber and regular user of the phone number provided and agree to promptly inform us of any changes. We send text messages with your consent, and they are not a condition of any purchase. Your mobile carrier's message and data rates may apply. You may choose to stop receiving text messages from us by replying STOP or by following the instructions in the message.
Global Privacy Control and Do Not Track Signals
Global Privacy Control (GPC) is a setting you can enable in certain web browsers to communicate your privacy preferences to us. Enabling GPC means that we will not be able to collect certain information about your webpage visits collected across websites or domains. For more details, including how to turn on GPC, please visit https://globalprivacycontrol.org/. We will process the GPC signal to reflect your privacy preferences.
Some web browsers may give you the ability to enable "Do Not Track" functionality. "Do Not Track" is a browser setting that requests web applications eliminate their tracking of you. When you choose to turn on your "Do Not Track" setting, your browser sends a signal to third-party ad servers, digital advertising networks, data aggregators and others to stop tracking you. This is different from disabling Cookies on your browser. Browsers with the "Do Not Track" functionality enabled continue to have the capability to accept Cookies. There is currently no agreement or consensus on how companies should interpret a "Do Not Track" signal. Consequently, we do not honor "Do Not Track" signals. Instead, we allow you to exercise control over the collection and use of your information as described in this Privacy Policy. For more information about "Do Not Track," please visit www.allaboutdnt.org.
You May Control the Sharing of Your Personal Information with Third Parties for Their Direct Marketing
Hearthside Homes will not disclose your Personal Information to third parties, including our Affiliates, for such third parties' direct marketing purposes, if you have exercised an option to prevent such disclosure.
Social Security Number Privacy Policy
Hearthside Homes, in the normal course of business and as required by law, collects social security numbers. This information is transmitted over a secure connection that implements encryption of the Personal Information being transmitted. In addition, we prohibit unlawful disclosure and maintain other reasonable measures to protect and limit access to social security numbers to those on a need-to-know basis. We maintain reasonable procedures to destroy, erase, or make unreadable any data, computer files, and documents containing social security numbers prior to their disposal. Failure to follow these procedures by any employee may subject the employee to disciplinary action up to, and including, termination.
Changes to Our Privacy Policy
We may update this Privacy Policy from time to time and without prior notice to you to reflect changes in our Personal Information practices or as required by law. We will indicate at the top of the policy when it was most recently updated.
Your use of our Sites after changes have become effective indicates your acceptance of the latest version of this Privacy Policy.
Your Privacy Rights
Depending on where you live, you may have some or all of the rights described below, and regardless of where you live, you may visit Your Privacy Choices to learn more about your rights and how they may be exercised.
Your U.S. State Privacy Rights
Under some U.S. state laws, including the California Consumer Privacy Act of 2018 (as amended by the California Consumer Privacy Rights Act (CCPA)), Colorado Privacy Act, Connecticut Data Protection Act, and Virginia Consumer Data Privacy Act, residents may have certain privacy rights.
- Access/Portability. You may have the right to access your Personal Information in a portable and readily usable format. To submit an access or portability request, use the form at this link.
- Correction. You may have the right to request that we correct any inaccurate or incomplete Personal Information in certain circumstances. To submit a correction request, use the form at this link.
- Deletion. You may have the right to request that we delete your Personal Information, though this right may be subject to exceptions, including but not limited to, data necessary to perform a contract or comply with legal obligations. To submit a deletion request, use the form at this link.
- Sale or Share of Personal Information or Use of Personal Information for Targeted Advertising. As discussed in the preceding sections, we may engage in activity that constitutes a sale or share of Personal Information or the use of Personal Information for targeted advertising under U.S. privacy laws. You may have the right to opt out of our use of your Personal Information for these purposes. To submit an opt out request, use the form at this link.
- California Shine the Light. In accordance with California Civil Code section 1798.83(c)(2), Hearthside Homes, together with its builder and leasing Affiliates, complies with California's "Shine the Light" law by providing California residents with a cost-free method to opt out of the sharing of their Personal Information by Hearthside Homes and its builder and leasing Affiliates with each other, and third parties including their affiliates for the direct marketing of those third parties, and by disclosing these policies in this Privacy Policy. If you are a California resident and you would like to opt out of the sharing by Hearthside Homes and its builder and leasing Affiliates of your Personal Information with each other or third parties (including our non-builder Affiliates) for the direct marketing of those parties, please email us at office@hearthside.homes.
- Appeal. You may have the right to appeal our decision if we decline to process your request. You may do so by sending us a statement of the reasons for your appeal via mail at Hearthside Homes, Inc., 2145 Zercher Rd., Suite A, San Antonio, TX, 78209, or by emailing us at office@hearthside.homes.
- Non-Discrimination. If you have the right to exercise any of the rights set forth above, you have the right not to be discriminated against for exercising these rights.
- Sensitive Personal Information. Because we use sensitive Personal Information only to comply with certain legal obligations or complete transactions you have requested, we do not extend the right to request that we limit processing of sensitive Personal Information.
To learn more about these rights, and to exercise those that apply to you, you may visit Your Privacy Choices, contact us at Hearthside Homes, Inc., 2145 Zercher Rd., Suite A, San Antonio, TX, 78209, email us at office@hearthside.homes or contact us by phone at 210-829-7379. As part of your request to exercise your right to access, portability, correct, or delete the Personal Information we maintain about you, we may request information from you to enable us to confirm your identity. We will use this information only to contact you about your request and to authenticate your request. You may also designate an authorized agent to submit a request on your behalf.
Links to Other Websites
We may provide links from our Sites, through advertisements or otherwise, to third-party websites, or applications including various social media platforms. Those websites, applications and social media platforms have their own privacy policies and practices. This Privacy Policy does not address, and we are not responsible for, their content, privacy policies or practices or security and safeguarding practices. Any Personal Information you provide on these other websites, or to such other applications, will be subject to the privacy policies and practices of the third party. The inclusion of a link on any of our Sites does not imply endorsement of the linked website or application by us or any of our Affiliates. We are not responsible for the collection, usage, or sharing practices or policies of other companies or platforms. Please visit those websites to review their privacy policies.
Use of Google Maps features and content on our Sites is subject to the then-current version of the: (1) Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html; and (2) Google Privacy Policy at https://www.google.com/policies/privacy/.
Children
Our Sites contain general information not directed towards children. We do not knowingly collect information from children under the age of 16. We do not sell the information of children under the age of 16 without affirmative authorization by the child's parent or legal guardian. If we learn that we have collected Personal Information from a child under age 16 without parental consent, we will either seek parental consent or promptly delete that information. If you believe that a child under age 16 may have provided us with Personal Information without parental consent, please contact us.
Security
Hearthside Homes has implemented reasonable administrative, technical, and physical safeguards designed to protect your Personal Information from accidental, unlawful or unauthorized access, destruction, loss, alteration, disclosure, or use. However, no data security measures can guarantee security. You agree and acknowledge that we will not be liable or responsible for use or disclosure of your Personal Information that is the result of unauthorized or illegal access to our systems or those of third parties. If you believe the security of any information or data you have provided to us has been compromised, please immediately notify us of the problem by contacting us.
Contacting Us
If you have any questions, concerns or suggestions about our Privacy Policy, you may contact us by mail at: Hearthside Homes, Inc., 2145 Zercher Rd., Suite A, San Antonio, TX, 78209, by email at office@hearthside.homes, or by phone at 1-210-829-7379.
Definitions
Account – Your personal online accounts on our Sites.
Affiliates– Our Affiliates include, among others, our builder and leasing affiliated entities, including DHI Communities, Inc.; DHI Mortgage Company, Ltd.; DHI Title, and our other title company Affiliates; Hearthside Homes Insurance Agency, Inc.; DHI Title Insurance Company; Forestar Group, Inc.; and other non-builder affiliated entities.
Automated Information – We and our Third-Party Service Providers have automated means of collecting certain information from you when you visit our Sites, or otherwise interact with us online.
Cookies – Cookies are small pieces of text used to store information on web browsers. Cookies are widely used across the Internet to store and receive identifiers and other information on computers, phones, and other devices. We may also use other technologies, including data we store on your web browser or device, identifiers associated with your device, and other software, including Web Beacons and pixel tags, for similar purposes. In this Privacy Policy, we refer to all of these technologies as "Cookies."
Flash Cookie – A Flash Cookie, otherwise known as a Local Share Object, or LSO, is a group of data a website running Adobe may place on a website visitor's browser. Similar to other Cookies, Flash Cookies gather data about your Internet activity.
IP Address – An IP Address is a unique string of characters identifying each computer using the Internet Protocol to communicate over a network.
Mobile Applications – The Mobile Applications include our mobile sites, applications, and mobile interactive features.
Personal Information – Includes any information from or about an identified or identifiable person but does not include aggregate or anonymous information.
Sites – Our Sites include this Website, our Mobile Applications, and our Social Media Pages.
Social Media Pages – Social Media Pages include our Social Media Pages on various social media platforms.
Third-Party Service Providers – Our Third-Party Service Providers are companies that provide services to us or on our behalf, including marketing companies, digital advertising agencies, third-party ad servers, third-party email servers, website hosting services, Third-Party Property Managers, investor relation firms, payment processors, financial institutions, subcontractors (such as electricians and painters), equipment installers, telecom providers, data aggregators, analytics providers, advertising networks, and others.
Web Beacon – A Web Beacon is an automated method to track visitors to websites. Web Beacons may also be used to assist with marketing to determine if an email was read or forwarded.
Website – This Website.
Effective Date
This Privacy Policy was last revised and is effective as of the date set forth at the beginning of this Privacy Policy.