Introduction

Welcome to the Montage Residences Healdsburg website. Montage Healdsburg (the “Resort”) is a luxury resort in California owned and being developed by Sonoma Luxury Resort LLC, a Delaware limited liability company, whose address is 1991 Broadway Street, Suite 100, Redwood City, CA 94063 (the “Developer”). A total of 66 residential units to be known as the Montage Residences Healdsburg  (the “Residences”), are being offered for sale by the Developer through Ohana Realty. In this Privacy Notice, the terms “Ohana Realty,” “we” and “us” refers to Ohana Realty Corp. and its affiliates.

We at Ohana Realty are strongly committed to transparency, and we want you (“you” or “your”) to understand how we collect, use, share and protect your personal information. We have provided this Privacy Notice to explain our policies and practices, as well as your privacy rights, with respect to the information we collect on our website. For the purposes of this Privacy Notice, the term “website” means the website owned and operated by Ohana Realty currently located at (www.montageresidenceshealdsburg.com), through which access to information regarding the Resort and Residences (as defined above) are available. References to the website include any and all related features, functionality, tools, and content. The website is owned and operated by Ohana Realty Corp.

By using our website, you accept the terms of this Privacy Notice. This Privacy Notice also applies to information that we obtain when you communicate or interact with us outside of the website, including by e-mail, telephone, and otherwise. If you do not agree to the terms of this Privacy Notice, please do not use our website. If you do not understand, or if you have any questions about this Privacy Notice, please Contact Us before using or continuing to use our website.

BY ACCESSING OR USING OUR WEBSITE OR COMMUNICATING WITH US OUTSIDE OF THE WEBSITE, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY NOTICE, WHICH MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY NOTICE, YOU MUST NOT ACCESS OR USE OUR WEBSITE OR OTHERWISE COMMUNICATE WITH US.

We reserve the right to change our Privacy Notice from time to time by posting the changes here. We will provide you with notice by prominently posting on our website, via e-mail, or any or all of the above, if we make any changes to this Privacy Notice that materially affect your rights. Your use of our website after we have made changes to our Privacy Notice will mean that you have accepted those changes.

The Types of Information We Collect, and How We Collect Them

Our website collects information from you in accordance with this Privacy Notice any time you use our website. We collect two basic types of information about you: (a) information that you provide that personally identifies you; and (b) information that does not personally identify you. The type of information we collect from you depends on what you are purchasing from us and/or the services you have requested.

We will not ask for or request sensitive information such as government identifiers, medical information, or financial information on or through the website. Please do not provide any of this information to us through e-mails, feedback forms or in any other way, unless specifically requested.

Personally Identifiable Information

·       Personal information includes all information that relates to you personally and either identifies, or may be used to identify, you personally. This may include, but is not limited to, your name, physical address, e-mail address, telephone, mobile and fax numbers, and other information that could be used to identify you.

·       We may collect information in a number of different ways, such as: information provided to us on registration cards and in your inquiries when you visit or call our sales centers; information provided to us in your correspondence with us or that we obtain from individuals or entities whose names you have provided us as references; information prepared by one of our Service Providers, as defined below, such as your credit history, which we need to make business decisions to better serve your needs; and information that is publicly available, such as deeds or mortgages.

·       As is common practice, our website uses cookies to collect session related information. We may collect data through the use of cookies, web beacons, pixel tags, scripts, and other similar tracking technologies. This technology allows us to customize your online experience as well as track your use of our website so that we can improve your experience.

Non-Personally Identifiable Information

·       Non-personal information includes information that does not personally identify you.

·       We may collect non-personally identifiable information that you affirmatively provide to us, either separately or together with your personally identifiable information. We may collect certain non-personally identifiable information from you when you use our website. This information can include, among other things, IP addresses, the type of browser you are using, the third-party website from which your visit originated, the operating system you are using, the domain name of your Internet service provider, the specific web pages you visit, and the duration and frequency of your visits.

How Information Is Used

Personally Identifiable Information

We primarily use personally identifiable information to:

·       Customize your online and/or real estate transaction experiences and to carry out your requests;

·       Tell you about our products, services and other offerings;

·       Contact you for a variety of reasons, such as providing you promotional or marketing information for our products or those of our affiliated companies;

·       Communicate with you about your real estate transaction;

·       Operate and improve our operations and services, and to further our marketing efforts;

·       Better understand our customers’ preferences, and tailor our services to our customers;

·       Protect and enforce our rights arising under any agreements entered into between you and us;

·       Protect the integrity and maintain the security of our website, including secured areas of the website;

·       Respond to legally binding requests from law enforcement, regulatory authorities or other third parties;

·       Prevent fraud or the recurrence of fraud; and

·       Comply with applicable law.

In addition, we may use your information as described in any notice provided at the time you provide the information, and for any other purpose for which you provide consent.

We use cookies, web beacons, pixel tags, scripts, and similar tracking technologies to distinguish you from other users of our website. These technologies are used to ensure that we give you the best experience on our website, and allow us to improve our website. You can reset your browser or device to refuse all cookies or to indicate when a cookie is being sent. However, some features or services may not function properly without cookies. To learn more about cookies, you can visit: www.allaboutcookies.org.
[Google Inc. (“Google”) is one example of a service provider that uses cookies or similar technologies to collect information about your browsing activities over time and across different websites following your visit to our website. Google Analytics is a web analytics service provided by Google that uses first-party cookies to track Users’ interactions and collect other information about how you use our website. Google Analytics collects information anonymously. We then use the information to compile reports, including usage trends, to help us improve our website. You can opt out of Google Analytics without affecting how you visit our website.  For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/, or review the Google Analytics Terms of Service at www.google.com/analytics/terms/us.html. For more information about opting out of being tracked by Google Analytics across all websites you use, please visit tools.google.com/dlpage/gaoptout.]
 

Non-Personally Identifiable Information

We primarily use non-personally identifiable information to:

·       Help analyze site traffic, understand customer needs and trends;

·       Carry out targeted promotion activities;

·       Improve our services and offerings; and

·       Fulfill any and all business needs.

We may also combine technical or non-personally identifiable information about your use of our website with information that we obtain from other parties to use in an aggregate or anonymous manner for similar purposes.

How Information Is Shared

Personally Identifiable Information

Except as stated in this Privacy Notice, we will not sell or share your personally identifiable information with third parties for the third party’s own direct marketing purposes without your express consent. However, please note that if you click on or otherwise interact with an advertisement on our website, the advertiser may assume that you meet its target criteria, even though we have not shared your information.

We may share your personally identifiable information with our Service Providers, as defined below, to help:

·       Us with the uses described in the How Information Is Used section above; and

·       Us and our business and promotion partners with our marketing and promotion projects, such as managing our social media pages, and other promotions.

You may revoke your consent to receive marketing and promotional e-mails and text messages from us and our business partners. Please note that revoking consent to receive marketing and promotional e-mails and text messages does not affect our non-promotional or non-marketing communications, including, for example, communications about the status and activities of your accounts, billing communications and responses to your requests.

We may also share your personally identifiable information with:

·       A buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, liquidation, 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 personally identifiable information held by us is among the assets transferred;

·       Other third parties with your express consent for any purpose disclosed by us when you provide the information; and

·       You, upon your written request.

We may confirm personally identifiable information you provide us on applications and forms, or as a resident of Montage Residences Healdsburg, with third parties, such as your bank, employer, present mortgage company or landlord, utility providers, government entities, credit agencies, and other businesses where you have an account or a credit card.

We may share your personally identifiable information to credit bureaus and similar organizations.

We may share your personally identifiable information with law enforcement and regulatory authorities or other third parties as required or permitted by law for the purpose of:

·       Responding to a subpoena, court order or other legal process;

·       Defending, protecting or enforcing our rights;

·       Preventing fraud and providing credit risk reduction;

·       Investigating potential unauthorized access or misuse of our website;

·       Assisting in the event of an emergency; and

·       Complying with applicable law.

Non-Personally Identifiable Information

We share non-personally identifiable information, including aggregated or anonymized data, with our Service Providers, as defined below, as is reasonably necessary to meet our business needs.

How Your Information Is Protected

We are concerned about ensuring the security of your personal information. To help ensure adequate protection of your information and the privacy of data that you enter and transmit when using our website, we maintain technical, physical and administrative safeguards. These safeguards ensure reasonable steps are taken to make sure your information is protected from unauthorized use, access, disclosure, alteration, destruction or loss. Unfortunately, no system can guarantee complete security of your information. As a result, we cannot ensure or warrant that your information is secure from unauthorized third parties. Thus, your use of the website and communication with us is at your own risk.

You are responsible for the security of information that you transmit to us over the internet.

Links to Third Party Websites

Our website may contain links to third party websites and services, including those of our Service Providers and advertisers. Please note that these links are provided for your convenience and information, and the websites and services may operate independently from us and have their own privacy policies or notices, which we strongly suggest you review. This Privacy Notice applies to Ohana Realty and the Montage Residences Healdsburg website only. We do not accept any responsibility or liability for the policies or practices of any third parties. If you chose to access any websites or services linked from our website, please check the applicable policies before you use or submit any personal data to such website or service.

Service Providers/Non-Affiliates/Joint Marketing

Our Service Providers are third parties that are not affiliated with us and who perform services or functions on behalf of Ohana Realty or its affiliates (such as accountants, attorneys, credit bureaus and banks). They assist us in servicing accounts, collecting fees and personal information from our customers, processing transactions, mailing documents to you, and managing records and our residential towers, clubs, associations and residential communities. They are asked to hold the personal information we provide to them in confidence, and use the personal information only to provide the services we have hired them to perform for us or for you. We may provide personal information about you to trusted companies when we jointly market our services to you. An example of this would be if a company wanted to provide high speed internet access in Montage Residences Healdsburg. We may disclose all of the personal information we collect, as described in this Privacy Notice, to companies that perform marketing services on our behalf or to third parties with whom we have joint marketing agreements, so we can let you know about new offerings or services. If you do not wish that we use your personal information for the foregoing marketing purposes, please Contact Us.

Underage Customers

Our website is not designed or intended to collect information from children under the age of 13. In addition, Ohana Realty does not knowingly collect information from children under the age of 13. If you believe we have collected personal information from children under the age of 13, please Contact Us immediately.

Your California Privacy Rights

California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of categories of personal information, such as name, address, e-mail address, and the type of services provided to the customer, that a business has disclosed to third parties [including affiliates that are separate legal entities] during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties.. To make any request pursuant to California privacy law, please Contact Us.

Interpretation

Your use of our website may be governed by our Terms of Use located at (www.montageresidenceshealdsburg.com/terms-of-use), the supplemental terms that govern the use features, functionality, tools, content and promotions available on or through the website (the “Supplemental Terms”), and any and all policies and rules referenced in this Privacy Notice, the Terms of Use, Supplemental Terms, or posted on the website or otherwise communicated to you (the “Site Rules”).

Geographic Locations

We store your personally identifiable information in the United States. This Privacy Notice is intended to be governed by the laws of the State of California and meet the laws and requirements of the United States, which may not be necessarily be consistent with the laws and regulations of the country where you live. All claims arising out of or relating to this Privacy Notice will be litigated exclusively in the federal or state courts of Sonoma County, California, USA, and you and Ohana Realty consent to personal jurisdiction in those courts.

Contact Us

If you have questions about our privacy policy, please contact us at montageresidenceshealdsburg@ohanare.com.