Your privacy is important to us. This privacy statement (this “Privacy Statement”) explains how we may collect, store and use the information you provide to us, whether online, by telephone or in person. This Privacy Statement applies only to the practices and activities of ASA Properties LLC (“we” or “us”) and Veramendi-branded websites or applications, including this website (the “Website”), and does not apply to any of the practices and activities of any other party, including our affiliates.

Information we collect while you are browsing the website

BROWSING INFORMATION GENERALLY

We do not collect personally identifiable information when you browse the Website and request pages from our servers unless you voluntarily and knowingly provide it to us. This means that we will not know your name, your email address, or any other personally identifiable information just because you browse the Web site unless you:

  1. access the Website from a link in an email that we sent;
  2. you have created an account to access certain features of the Website and log in to your account; or
  3. you otherwise voluntary provide us this information by typing it into fields provided on this Website.

When you request a page from the Website, we may automatically collect and store: the name of the domain and host from which you access the Internet; the Internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our sites; and the Internet address of the site from which you linked directly to our sites.

COOKIES AND PIXEL TAGS

The Website uses “cookies,” which are encrypted strings of text that a web site stores on a user’s computer. The Website may require the use of a cookie to provide certain features or functionality. Without cookies we will not be able to keep information you enter on multiple pages together. For example, unless the Website can remember specific features you may be looking for in a community, the Website will not be able to make suggestions that may be of interest to you. Cookies also enable us to customize the Website and offerings to your needs and provide you with a better online experience.

The types of cookies that we use are referred to as “session” cookies and “persistent” cookies. Session cookies are temporary and are automatically deleted once you close your internet browser. Persistent cookies remain on your computer hard drive until you delete them or are otherwise removed upon expiration. We do not use cookies to ascertain any personally identifiable information about you apart from what you voluntarily provide us.

You may set your browser to block cookies (consult the instructions for your particular browser on how to do this), although doing so will adversely affect your ability to perform certain transactions, use certain functionality, and access certain content on the Website.

We and our third-party service providers may use “pixel tags” (also known as “clear gifs,” “beacon gifs,” etc.). Pixel tags are not visible to the user of a website and consist of a few lines of computer coding delivered with the web page. Pixel tags are not used to collect any personally identifiable information about you apart from what you voluntarily provide us.

CONTACT AND OTHER INFORMATION ABOUT YOU

We may offer web-based tools allowing you, at your choice, to create an account to access certain features of the Website. We also may permit you to complete a contact form to request or provide additional information about the properties or services that we offer. As a result of such activities:

  1. Contact Information. You may choose to provide us with your name, preferred user name, email address, telephone number and street address.
  2. Information about You. You may choose to provide us with information about your personal preferences, such as features or activities that you would like to see offered in a specific property or community. Creating an account may permit you, among other things, to comment on proposed property or community features or to participate in forum discussions, and also may allow us to inform you about special offers and promotions that may be of interest to you.

How we use your information

BROWSING INFORMATION, COOKIES AND PIXEL TAGS

We use general browsing information to determine the number of visitors to different sections of our sites, to ensure the sites are working properly, and to help us make our sites more useful. We may also use this information to personalize content presented to you, and to better understand how visitors use the Website and how we can better tune it, its contents, and functionality to meet your needs.

We may use cookies to (a) measure usage of various pages on our Web site to help us make our information more pertinent to your needs and easy for you to access, (b) provide additional functionality such as commenting and provision of suggestions that we believe would be of interest and value to you, and (c) to serve ads to you as described in the next paragraph.

We may use cookies to facilitate the use of advertising technology to serve ads to you when you visit the Website and sites upon which we advertise. This technology uses information about your visits to this Website and the sites upon which we advertise (not including your name, address, or other personally identifiable information) to serve our ads to you. In the course of serving our advertisements to you, a unique third-party persistent cookie may be placed or recognized on your browser.

We and our third-party service providers may use pixel tags to improve customer service, learn how visitors use our Web site, know how many users open an email and allow our service provider to compile aggregated statistics about an email campaign for us. Pixel tags may also allow us to better target interactive advertising, enhance customer support and site usability, and provide offers and promotions that we believe would be of interest to you.

CONTACT AND OTHER INFORMATION

If you provide us with contact information or any other information about yourself (such as feature preferences), we may use that information in the following ways:

  1. to send you a variety of administrative communications, such as notifying you about your account or account activity, or to send you other information about our relationship with you;
  2. to respond to requests, including requests for additional information about our products or services;
  3. to improve our products and services and for any other business purposes;
  4. to analyze, improve, customize or make other changes to the Website;
  5. to protect the Website and its users, and us and our affiliates, as we deem necessary; and
  6. to promote and advertise to you our business and the business of our affiliates.

On occasion, we may use third parties to provide us with additional contact information about you given the information you have provided to us directly. For example, if you have provided us with your name and postal address, we may use a third party to provide us with your email address or telephone number. We would then use such information for the same purposes described in this Privacy Statement.

Communications regarding offers and promotions

It is our intention to send only communications that will be useful to you and that you want to receive. When you provide us with contact information, we may periodically contact you by email or by mail to provide information about offers and promotions that may be of interest to you. Such offers or promotions may include offers or promotions of select third parties with whom we have a marketing relationship because the third party offers products or services that we believe may be of interest to you. We may use third-party service providers to send communications to you. Such service providers are prohibited from using your email or mail address for any purpose other than to send communications that we have authorized.

Opting out of communications

If you have an account on the Website, we will provide you the ability to define and modify your email and mailing preferences online at anytime including unsubscribing from all marketing communications.

When you receive an email, you may be provided the choice to opt out of future emails by following the instructions provided in the email.

You may also opt out of receiving marketing communications by making an opt-out request in any of the following ways:

  1. sending us an email to [email protected]; or
  2. sending us a letter at: Veramendi Attn: Website Manager, P.O. Box 310699, New Braunfels, TX 78131

Please allow 15 business days for us to process any opt-out request.

How we share your information with third parties

We may use the services of third parties, such as marketing or research companies and email and mail service providers and mail service providers. These parties are contractually prohibited from using personally identifiable information for any purpose other than for the purpose we specify. We do provide non-personally identifiable information to certain service providers for their use on an aggregated basis for the purpose of performing their contractual obligations to us.

We may provide your information our affiliates and to other third parties that are involved in the construction, development or operation of the properties or communities described on the Website. For example, if you make suggestions on features that you would like to see in a certain property or community, we may provide that information to the builder of that property or community. Further, if you express an interest in a particular community or area of the development, we may provide that information, along with your contact information, to the builder, developer or operator of that community or area.

We may provide your information to a party that is interested in acquiring, or does acquire, all or a portion of our business or property. We also may provide your information in response to a request from a court, law enforcement agency or other government agency.

Other than your right to opt-out described above, you have no right to limit the sharing of your personal information as described in this Privacy Statement.

Except as described in this Section and the Section titled “Communications Regarding Offers and Promotions” we do not permit the sale or transfer of personally identifiable information to entities outside of our affiliates and our third-party service providers for any use unrelated to our relationship with you without your approval.

Information that you provide on public areas of the website

In the event that the Website contains commenting or forum features, and we permit you to submit comments or other information using such features, please note that any information that you post using such features becomes public information. You must not disclose any of your personal information in comments or on forums or any other similar feature of the Website that you do not want shared publicly.

Use of log-in information

You are required to protect the confidentiality of any password or user ID we provide to you. You should also log off or close your browser after you visit any secure areas of our site in order to help protect against unauthorized access by third parties. You are responsible for any use of your account, regardless of whether such use was authorized.

Security

We maintain reasonable security procedures to safeguard and secure the information we collect online or store electronically. We may hire third parties to store and manage data provided they observe the same or equivalent security and privacy guidelines. However, because of the inherent risks associated with the internet, we cannot provide a 100% guarantee of data security. In the event of a security breach, we will comply with legal requirements regarding notice of that breach, but you agree that we will not have any other liability other than providing the required notice. If you do not agree to this waiver, you should not provide personally identifiable information to us.

Commitment to children’s privacy

Protecting the privacy of children is especially important to us. For that reason, we never collect or maintain information at the Website from those we actually know are under 13, and no part of the Website is structured to attract anyone under the age of 13. It is our policy to comply in all respects with the Children’s Online Privacy Protection Act (COPPA).

Other sites

We are responsible only for the Privacy Statement and content of this Website. We are not responsible for the privacy practices or the use of cookies on websites that you have accessed this Website from and to any unaffiliated websites that you may access from this Website, including any websites to which we provide links.

Legal issues

This is a United States website and is subject to laws of the United States and the State of Texas.

If you are a customer who resides in the State of California, you have the right to request from us a list of third parties with whom we shared personally identifiable information about you for their own direct marketing purposes during the previous calendar year. We do not share personally identifiable information with third parties except as permitted in this Privacy Statement. Builders and developers of properties or communities in Veramendi may be permitted to use the personally identifiable information they receive from us for their direct marketing purposes. If you would like to request information about any third parties that may have obtained personally identifiable information about you during the immediately preceding calendar year, please send an email to [email protected]or a letter to Veramendi Attn: Website Manager, P.O. Box 310699, New Braunfels, TX 78131.

Phishing warning

We will never request your credit card number or social security number. Please also note that we will never send you email requesting your user name, password, credit card number or social security number. If you receive an email that looks like it is from us, but asks you for your credit card number or social security number, it is a fraudulent or “phishing” email. We recommend that you forward the email to the Federal Trade Commission at [email protected] to report it, and then delete it. The Federal Trade Commission uses the spam forwarded to it to investigate and pursue law enforcement actions against people who send deceptive email.

If you believe “phishers” have gotten access to your personal or financial information, we recommend that you also change your password on any account you may have with us.

Please be aware that the perpetrator may attempt to use your information to establish accounts or obtain credit at other businesses in their name. We are not responsible for the actions of “phishers” even though the email may appear to have been sent by us.

Comments or feedback

If you have comments or would like to provide feedback to this Privacy Statement, please contact us by sending an email to [email protected] or a letter to Veramendi Attn: Website Manager, P.O. Box 310699, New Braunfels, TX 78131.

Changes to this privacy statement

In the future, we may need to change this Privacy Statement. All changes will be shown here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. If we change our Privacy Statement in a manner that expands our rights to use or disclose your data, we will send you notice by email with a description of the change. You will have an opportunity to reject that change by using the opt-out procedures described above or in that email. Our goal is to provide you at least thirty (30) days notice before the change is effective, but that may not always be possible. If you do not opt out, the amendment may be retroactive to information you previously supplied. If we change our Privacy Statement in a manner that does not expand our rights to use or disclose your data (i.e. to update the policy to address new legislation or to change references to names or marks), then we may post the new Privacy Statement without sending an email to you. That new policy will take effect once it is posted on this Website.

This statement was last updated on July 17, 2012.