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Privacy Policy

Posting Date: 4-25-19
Effective Date: 5-25-19

Prior Privacy Policy

 

Kitson & Partners Privacy Policy

Kitson-Evergreen, LLC, KE Babcock Holdings, LLC, Babcock Property Holdings, L.L.C., KE Talis Park Holdings, LLC, KE Talis Park Properties, LLC, Ecologic Waste Management, LLC, MSKP Town & Country Utility, LLC, Babcock Ranch Irrigation, LLC, Trails End Table & Tap, LLC, Babcock Ranch Hatchery Operations, LLC, Babcock Ranch Market and Café Operations, LLC, d/b/a Recharge Juice Co., Babcock Ranch Outfitter Operations, LLC, Babcock Ranch Real Estate, LLC, Babcock Ranch Town Operations, LLC; Babcock Ranch Residential Association, Inc. and Babcock Ranch Commercial Association, Inc., Talis Park Golf Club, Inc., Talis Park Community Association, Inc. and all affiliates (collectively, the “Companies”) are committed to respecting the privacy and security of your personal information.  This Privacy Policy describes the information collected on our websites (which include, but are not limited to: kitsonpartners.com; www.babcockranch.com; www.babcockranchliving.com; hatcheryco.work; and www.talisparkgolfclub.com), our mobile applications (which include, but are not limited to, The Key and Talis Park mobile applications), and any future website or mobile application (collectively, the “Sites”) and how it is used and protected.  This Privacy Policy applies only to the Sites.

By using the Sites or by providing your information to us, you consent to the collection, use, and disclosure of your information in accordance with this Privacy Policy, the Terms of Use (kitsonpartners.com/terms-of-use/), and any written agreement(s) executed and in effect in connection with any of our products or services.

  1. What Information is Being Collected by the Companies and/or Our Service Providers and When

    The information we receive and how we use it depends on what you do when visiting the Sites.  You may provide us personal information using the Sites in a number of ways, for example by entering that information into data fields on the Sites (e.g., submitting a request for information) or in communications with us using the contact information at the end of this Privacy Policy or in the Terms of Use (https://kitsonpartners.com/terms-of-use/).  Personal information includes data that specifically identifies you, such as your name, title, email address, mailing address, fax number, telephone number, and credit card number.  Public information is that information that you make publicly available when you post content on the Sites.  Public information also includes information about your company that is publicly accessible (e.g., on your company’s website).

    We may receive personal information from other sources.  For example, if you connect your social media account(s) to your account, the social media site may share information with us about your use of their services, including information about your profile, contacts, and viewed or liked content.  We encourage you to read the applicable privacy policies for your social media accounts.  We shall have no responsibility for the data collection and use practices of those social media sites.

    When you purchase from the Sites, the Companies and/or our service providers (including, but not limited to, our third-party payment processors) may collect your name, billing and shipping addresses, phone number, e-mail address, and credit card information. You provide this information, so we can process your order.

    The Companies and our service providers also collect certain non-personal information, data that does not identify you as an individual person.  This information tells us about how people use the Sites so that we can analyze their effectiveness and provide you with a better web experience.  We collect and use this information through a variety of technologies, including “cookies” and analysis applications, as discussed below.

    Server Information

    Like every website, the Companies’ servers automatically and temporarily store the following information in the server log files.  This information is provided by your browser, unless you have deactivated the function.

    • IP address of the enquiring computer
    • File query by the client
    • The http response code
    • The Internet page from which you visited us (referrer URL)
    • The time of the server query
    • The browser type and version
    • The operating system used on the enquiring computer

     

    The server log files may be periodically analyzed to measure the traffic through our servers, the number of pages visited, and the level of demand for pages and topics of interest.  The server log files are not analyzed with respect to individuals.

    Site Visit Tracking Technologies

    As is standard practice on many websites, the Sites may use “cookies” and other technologies to help the Companies understand which parts of the Sites are the most popular and the preferences of users.  The Companies may also use cookies and other technologies to study traffic patterns on the Sites, to improve their functionality and usability, and to improve the effectiveness of the Companies’ communications with users.  The Companies may also use cookies to customize your experience and provide greater convenience to you during your interactions with the Sites.

    A cookie is a unique alphanumeric identifier that websites use to help identify the number of unique visitors to a website, whether or not those visitors are repeat visitors and the source of the visits.  Cookies cannot be executed as code or used to deliver a virus and thus pose no threat to you.  Servers and sites other than the one placing the cookie on your hard drive cannot read the cookie, and no personal information can be gathered by other servers from the cookie.  If you prefer not to enable cookies or to disable them, you may do so through your web browser’s security settings.  Please note that certain features of the Sites may not be available once cookies have been disabled.

    Like most websites, the Sites gather certain information automatically and store it in log files.  This information includes internet protocol (“IP”) addresses, browser type, operating system, internet service provider (“ISP”), referring/exit pages, date/time stamp of access, and clickstream data.  When you visit the Sites, the servers automatically log your IP address, the time and duration of your visit, and the time and duration spent on the pages of the Sites which you view.  If you arrive at the Sites by clicking a paid advertisement or a link in a communication, then the server will capture information that tracks your visit from that link.  If you arrive at the Sites by clicking on a non-paid source, such as a search engine result or link on another website, the server may capture information that tracks your visit from that source, to the extent available.

    Some of the Companies’ communications to you may contain a “click-through URL” which links to content on the Sites.  When you click one of these URLs, it passes information through the Companies web server before you arrive at the destination web page.  The Companies track this click-through data to help determine interest in particular topics and measure the effectiveness of our communications.  If you prefer not to be tracked, simply avoid clicking text or graphic links in electronic mail you receive from the Companies.

    Certain features of the Sites may use local stored objects (“Flash cookies”) to collect and store information about your preferences and navigation to, from, and on our websites.  Flash cookies are not managed by the same browser settings as are used for browser cookies.

    The Companies may also use web beacons or pixel tags, which are tiny invisible graphic images, in the Sites.  Web beacons and pixel tags may be used by the Companies to count users who have visited its webpages and for related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

    Different Devices

    If you use different devices (e.g., your smartphone, laptop, and/or home computer) to access the Sites, we may be provided with and collect device-specific information, including your hardware model, operating system version, unique device identifiers, phone number, location, and mobile network information.  We may associate your device identifiers or phone number with your account information.

    Third-Party Analytics

    We may use third-party service providers (e.g., search engines) to collect and analyze information about use of the Sites.  These service providers may utilize cookies and related technologies to collect personal information.

  2. Use of Information

    The Companies and/or our service providers may use your personal information to provide our products and services and to contact you in response to inquiries you submit.  The Companies and/or our service providers may retain and use your information for as long as needed for the following purposes:

    • to present the Sites and related content to you;
    • to provide you with information, products or services that you request from us;
    • to provide you with notices about your account;
    • in combination with other information for improvement of the Sites, as well as marketing and promotional purposes;
    • to provide more consistent and personalized services across the Sites, including to personalize our advertising, marketing, and promotional efforts;
    • 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 the Sites or any products or services we offer or provide though it;
    • to allow you to participate in interactive features on the Sites;
    • in any other way we may describe when you provide the information; and
    • for any other purpose with your consent.
  3. When Your Information is Disclosed

    The Companies may disclose aggregated information about our customers without restriction.  This data cannot be attributed to any specific individual.  We may disclose aggregated customer data to our affiliates and to other third parties for lawful purposes.

    The Companies and/or our service providers may transfer information between them for business purposes.  For example, the Companies’ service providers may handle technical support, payment processing, marketing and surveys, or information analysis.  We furnish our service providers the information they need to perform these and other services, and we work with our service providers to respect and protect your information.  We may also provide your information to the Companies’ affiliates.  The entities with which we share information may be located in the United States or other countries.

    In the event that the Companies or some of our assets are sold or transferred or used as security, or to the extent we engage in business negotiations with our business partners, the information collected on the Sites may be transferred or shared with third parties as part of that transaction or negotiation.  We may also provide information or provide access to information to any of our affiliated businesses or to our business partners.

    On rare occasions, we may disclose specific information without your consent and without notice to you as required to comply with laws and regulations, or to comply with court orders, subpoenas, or lawful discovery requests.  Information collected from you may also be used to investigate security breaches or otherwise cooperate with authorities.  We may also share information with companies assisting in fraud protection or investigation.

    We may disclose information about you without your consent and without notice to you as required to enforce or apply the Terms of Use (https://kitsonpartners.com/terms-of-use/) or other agreements, including for billing and collection purposes.

    Except as provided in this Policy, we do not sell or rent to any third party any information you provide to the Companies, and we will not disclose to any third party any information you provide to us without your consent.

  4. Communications

    You may receive electronic mail communications from the Companies when you provide your email address.  If you do not wish to continue receiving electronic mail communications, you can opt-out by following the unsubscribe instructions provided in such communications.  We reserve the right, however, to send you electronic mail containing important information relating to your account(s).

  5. How Your Information is Protected

    The Companies have implemented reasonable physical, technical, and organizational safeguards to help protect your personal information from unauthorized access, acquisition, or disclosure, alteration, or destruction.  Although we strive to keep your personal information secure, no safeguards can be guaranteed to be completely secure, so you should exercise caution when transferring personal and other sensitive information over the Internet.  Please advise us immediately at the address listed below of any incident involving the loss of or unauthorized access to or disclosure of personal information that is in our custody or control.

  6. Third Party Sites

    The Sites may contain links to other websites (e.g., to make dining reservations).  Please note that when you click on one of these links, you will leave the Sites and will be subject to the policies and privacy practices of the other site, which may differ significantly.  You should review the policies of other sites you visit.  The Companies are not responsible for the content, technology, security, or practices of linked sites operated by others, or for your use of linked sites.

  7. Children’s Privacy

    The Sites are not aimed at or intended for children.  We do not knowingly collect information from children under the age of thirteen (13) through the Sites.  If we obtain actual knowledge that we have inadvertently collected personal information relating to a child under the age of thirteen (13), we will delete that information from our records.  If you believe we might have any information from or about a child under the age of thirteen (13), please contact us at corporate@kitsonpartners.com.

  8. Applicable Law

    The Sites are located and directed to individuals in the United States.  We comply with all applicable laws of the United States.

    We recognize that the Sites may be accessed from anywhere in the world, and that the laws of the jurisdictions in which some users are located may differ substantially from those of the United States and the State of Florida.  Because we cannot practicably prevent users in different jurisdictions from accessing the Sites, you are responsible for knowing and complying with the laws of your jurisdiction.  If such laws conflict with your use of the Sites or any of its content or functionality, the Sites are not intended for you, and we ask you not to use or submit any information through the Sites.  If you chose to use the Sites outside of the United States, you understand and consent to the transfer of your personal information to, and the collection, processing, and storage of your personal information in, the United States and/or other countries.

  9. California Privacy Rights

    California Civil Code Section 1798.83 permits California residents who are users of the Sites to request from us once a year, free of charge, information about the personal information the Companies disclosed to third parties for direct marketing purposes in the preceding calendar year (if any).  If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which the Companies shared information in the immediately preceding calendar year.  If you are a California resident and would like to make such a request, please submit your request in writing to us at the address provided below.

    “Do Not Track” is a privacy setting that you may set in your web browsers.  If turned on, this setting requests that websites not track information about users.  At this time, we do not respond to “Do Not Track” browser settings or signals.

    California residents who are users of the Sites may have additional rights, including the following:

    • to request access to your personal information;
    • to request deletion of your personal information;
    • to request disclosure of the categories of personal information collected about you, the categories of sources of the personal information, the business or commercial purpose for collecting or selling the information, the categories of third parties with whom the Companies shares the personal information, and the specific pieces of personal information collected about you.

    In the preceding 12 months, the Companies have not sold consumers’ personal information.

    Please note that these rights may be subject to certain limitations.  However, we will not discriminate against you for exercising any of these rights.  If you are a California resident and would like to make such a request, please submit your request in writing to us at the address provided below.

  10. Review, Modify or Delete Your Information

    You may send us an e-mail at corporate@kitsonpartners.com to correct or delete any personal information that you have provided to us.

    If you request that your account information be deleted or if you unsubscribe from communications, we may maintain information about your transactions or inquiries for future service and recordkeeping purposes.  In some circumstances, a change in or withdrawal of consent may severely limit our ability to provide you information, products, or services.  We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

  11. Updates to this Privacy Policy

    The Companies may update this Privacy Policy and the Sites to reflect material changes in how we collect, use, share, or store your information, to satisfy legal requirements, or for other business purposes.  You should review this Privacy Policy when you visit the Sites to understand our current practices.  The date at the top of the page shows when this Privacy Policy was last updated.

    We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current practices.  You consent to any changes we make to this Privacy Policy if you continue to use the Sites after receiving a notice of the change or upon our posting of the new Privacy Policy on the Sites.

  12. Interpretation of this Privacy Policy

    Any interpretation associated with this Privacy Policy will be made by the Companies’ legal counsel.  This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word “including” is used, it means “including without limitation.”

    This Privacy Policy does not create or confer upon any individual any rights or impose upon the Companies any rights or obligations outside of, or in addition to, any rights or obligations imposed by applicable country, state, and other privacy laws, as applicable.  Should there be, in a specific case, any inconsistency between this Privacy Policy and applicable privacy laws, this Privacy Policy shall be interpreted in that case to give effect to, and comply with, such privacy laws.

  13. Contact Us

    If you have questions or comments about this Privacy Policy or the Sites, please contact us using the information below.

    Kitson & Partners

    4500 PGA Boulevard, Suite 400
    Palm Beach Gardens, FL 33418

    Email: corporate@kitsonpartners.com