Privacy Policy and Notice Regarding Collection of Personal Information

Your Privacy Is a Priority for Us

The confidentiality of your personal information (“Information”), as defined by applicable law, is important to M.D.C. Holdings, Inc. (MDC) and its affiliates. MDC's affiliates include the Richmond American Homes companies, HomeAmerican Mortgage Corporation, American Home Insurance Agency, Inc. (also known as AH Insurance Agency, Inc. or AHI Insurance Agency) and American Home Title and Escrow Company. We are providing you with this privacy notice to help you understand what Information we collect, why we collect the Information, how we use the Information, and under what circumstances we may disclose the Information to our affiliates and third parties. This notice also tells you how you can limit our disclosure of your Information.


For Do Not Sell My Info, and Other Requests:
Privacy Opt-out Request

Categories of Information We Collect and Purposes for Which We Use the Information

As part of business operations, our sale of homes, and/or our providing of financial products or services, we collect the following categories of Information:

  • Identifiers such as your real name, alias, postal address, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers (“Identifiers”).
    • This Information enables us to confirm your identity in selling you a home, providing you with mortgage financing and insurance coverage, guarding against identity theft and cyber crimes, complying with legal and contractual requirements (such as federal anti-terrorism laws) and otherwise conducting our daily business operations.
  • Other information that identifies, relates to, describes, or is reasonably capable of being associated with, a particular individual, including, but not limited to, signatures, physical characteristics or description, telephone number, state identification card number, employment history, insurance policy number, bank account number, credit card number, debit card number, or any other financial, medical or health insurance information (“Other Personally Identifiable Information”).
    • This Information is used for the purposes listed above and also in employing individuals within our family of companies and providing them with benefits.
  • Characteristics of protected classifications pursuant to law (“Characteristics of Protected Classifications”).
    • This enables us to comply with legal requirements, such as non-discrimination, and demonstrate that compliance.
  • Commercial information, including records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies (“Commercial Information”).
    • This enables our companies to adjust our product and service offerings and offer additional products and services that may be of interest to consumers.
  • If you visit our websites and consent to future communications from us, we collect Internet or other electronic network activity information, including, but not limited to, browsing history, and information regarding a consumer’s interaction with an Internet website, application or advertisement (“Internet Activity Information”).
    • This Information enables us to adjust our technology and advertising to be more efficient and responsive to consumer demands and needs.
  • Professional or other employment-related information (“Employment Information”).
    • We use this Information in determining loan qualification and in employing persons and considering their applications for employment or advancement.

In addition to the foregoing, if you are employed by or applying for employment with one of the MDC family of companies, we also collect the following Information about you (“Other Employment Related Information”):

  • Education information.
  • Medical information.
  • Health insurance information.
  • Biometric information.
    • The foregoing Information in used in employing persons, providing them with benefits and in providing security for our workforce.

“Information” does not include publicly available information lawfully made available from federal, state, or local governmental records.

Categories of Sources from Which Information is Collected

We collect Information from the following sources:

  • Applications, forms, and other information that you provide to us, whether in writing, in person, by telephone, through our websites or by any other means.
    • We collect certain Identifiers, Other Personally Identifiable Information, Characteristics of Protected Classifications, Commercial Information, Employment Information, and Other Employment Related Information from these sources.
  • Your transactions with us, our affiliates (members of the MDC corporate family), or others. This information may be part of your HomeAmerican loan application, your Richmond American Homes purchase contract, or an application for insurance from American Home Insurance or American Home Title and Escrow.
    • We collect certain Identifiers, Other Personally Identifiable Information, Characteristics of Protected Classifications, Commercial Information, and Employment Information from these sources.
  • Consumer reporting agencies.
    • We collect certain Identifiers and Other Personally Identifiable Information from these sources.
  • Public sources.
    • We collect certain Identifiers, Other Personally Identifiable Information, Employment Information, and Education Information from these sources.
  • Online. If you visit our websites and consent to future communications from us, we track your browser data and browsing behavior to better understand how the sites are being used and how we can improve your online experience. This information is gathered through the use of "cookies" or other tracking mechanisms (see further discussion below).
    • We collect certain Identifiers, Commercial Information, and Internet Activity Information from these sources.

Reasons We May Share Your Information

We do not sell your Information to anyone (i.e. receive monetary compensation). We may disclose your Information for various everyday business purposes (such as to process transactions, maintain accounts, respond to court orders and legal investigations or report to credit bureaus), marketing purposes (to offer our products and services to you), for our affiliates’ everyday business purposes (information about your transactions, experiences, and creditworthiness), and for our affiliates to market to you.

Categories of Persons/Entities with Which We May Share Information

The parties to which we may disclose Information fall into two general categories:

  • Affiliates; and
  • Third parties.

Sharing Information with Our Affiliates

In the course of our business, we share Information with members of our MDC family of companies in order to conduct our business operations (e.g. manage our workforce). The sharing of Information may benefit you by making it easier for you to apply for and receive services from our related companies. In addition, sharing Information can help you receive timely notice about additional products, services or other special offers that may be of interest to you.

The categories of Information we share include:

  • Information about your identity (such as name, address, phone numbers, Social Security or driver's license number);
  • Information about your transactions with us (such as your contract information, account number, loan balance and repayment history);
  • Certain information about your application with us (such as information about your assets or income); and
  • Information about your credit report or similar information (such as information about your credit standing or other characteristics) obtained from credit bureaus.

In addition to the foregoing, if you are an employee or potential employee of the MDC family of companies, we also share the following categories of Information about you:

  • Education information.
  • Medical information.
  • Health insurance information.
  • Biometric information.

Sharing Information with Third Parties

Third parties are those not part of the MDC family of companies. We share your Information with financial service providers such as insurance companies, banks, mortgage purchasers, and settlement agents. We also share your Information with non-financial companies such as consumer reporting agencies, software or other service providers, retailers, direct marketers, auditors, courts, and state or federal regulators.

The categories of Information we share with these third parties include:

  • Identifiers such as your real name, alias, postal address, Internet Protocol address, email address, and account name, and, if there is a business need to do so, Social Security, driver's license number, passport number, or other similar identifiers in which case we will require confidentiality by the receiving parties and limit the use of the Information to the purpose for which it was disclosed.
  • Other information that identifies, relates to, describes, or is reasonably capable of being associated with, a particular individual, including, but not limited to, physical characteristics or description, telephone number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information.
  • Characteristics of protected classifications pursuant to law.
  • Commercial information, including records of products or services purchased, obtained, or considered.
  • Internet or other electronic network activity information, including, but not limited to, browsing history and information regarding a consumer’s interaction with an Internet website, application or advertisement.
  • Professional or other employment-related information.

In addition to the foregoing, if you are an employee or potential employee of the MDC family of companies, we may also share the following categories of Information about you:

  • Education information.
  • Medical information.
  • Health insurance information.
  • Biometric information.

Former Customers and employees

If your relationship with us ends, we will continue to treat and safeguard your Information as described in this notice.

Our Security Practices and Information Accuracy

We take steps to safeguard your Information. We restrict access to the personal and account Information of our customers to those employees who need to know that information in the course of their job responsibilities. We maintain physical, electronic, and procedural safeguards that are designed comply with applicable federal and state standards regarding the protection of Information.

We also have internal controls that are designed to keep Information as accurate and complete as we can. If you believe that any Information we have about you is not accurate, please let us know immediately by contacting us as described below.

Protecting Your Information Online

The following statement applies to the websites for the MDC family of companies. If you request information through our websites, use online tools and calculators, apply online for products or employment, subscribe to online services, complete an online form or application, conduct transactions online (e.g., Internet or wireless device) or otherwise use our websites, we and certain third parties with which we work to deliver online products and services may retain the Information you provide and track your use of our websites as more fully described below.

  • E-mail
    If you agree to receive e-mail messages from us, we may retain the information you provide us to deliver e-mails of specific interest to you. If you choose to send us e-mails, we may retain the content of your e-mail message, your e-mail address, and our subsequent response. Please be careful about the information you provide to us by e-mail; as with any public website, this channel of communication is not necessarily secure against interception.
  • Use of "Cookies" and Tracking
    Our websites use "cookies" or other tracking mechanisms to collect your browser data and browsing behavior. Some of the primary purposes of these mechanisms are to save you time and provide you with more customized offers and information on our websites. Cookies allow you to customize our sites to match your personal preferences. If you visit our website and consent to future communications from us, we and our third party service providers will collect your Information and may provide you with customized offers over time.
  • Children's Online Information Privacy
    Protecting children's identities and information online is important. We do not knowingly solicit data from children online, nor do we market our online products and services to children under the age of 18 years old (Minors).

Submitting Requests

If you wish to exercise the “Limit our Sharing,” “Right to Know About Personal Information Collected, Disclosed, or Sold,” “Right to Request Deletion of Personal Information,” or “Right to Opt-Out of the Sale of Personal Information” options described below, you may submit a verifiable consumer request (Request) by calling us or submitting a Request on our website as follows:

Call us at: 800-605-9010.

Or submit a Request through our “Do Not Sell My Information & Other Requests” web page: https://www.richmondamerican.com/ccpa.

To verify your Request, you will be asked to provide your name, address, phone number and other identifying information (or that of the consumer on whose behalf you are acting) pursuant to law. If your Request asks to access specific pieces of Information pursuant to “Right to Know About Personal Information Collected, Disclosed, or Sold” below, we may ask you to sign a declaration under penalty of perjury that you are the consumer or the authorized agent of the consumer whose Information is the subject of the Request.

An authorized agent may submit a Request on your behalf. When you use an authorized agent to submit a Request, we may require that you: (1) provide the authorized agent written permission to submit the Request; and (2) verify your identity directly with us. We may also require your authorized agent to submit proof that you have authorized them to submit a Request on your behalf.

We are not obligated to disclose or delete the specific pieces or categories of Information we have collected about you pursuant to “Right to Know About Personal Information Collected, Disclosed, or Sold” and “Right to Request Deletion of Personal Information” below if, pursuant to law, we cannot verify: (1) your identity or (2) if you are seeking to act on a consumer’s behalf, that you are a person authorized by the consumer to act on their behalf. The disclosure that we make, following the receipt of a Request, will cover no more than the 12-month period preceding receipt of the Request and will be made in writing and delivered through the consumer’s account with us, if the consumer maintains an account with us, or by mail or electronically (at the consumer’s option if the consumer does not maintain an account with us).

Please allow 15 days from our receipt of your Request to Opt-Out for your instructions to become effective.

Limit Our Sharing

Federal law gives you the right to limit: (1) sharing for affiliates’ everyday business purposes – information about your creditworthiness; (2) affiliates from using your information to market to you; and (3) sharing for nonaffiliates to market to you. If you do not want us to share Information about your creditworthiness with our affiliates, or share other Information with our affiliates or third parties so they can market their products or services to you, you may submit a Request to us requesting that we limit our sharing. Please allow 30 days from our receipt of your Request for your instructions to become effective.

If you have a joint account, a request by one party will apply to the entire account. Your choice will apply until you tell us to change it.

Right to Know About Personal Information Collected, Disclosed, or Sold (Request to Know)

Collection of Personal Information - If you are a consumer and we have collected your Information, you may submit a Request (“Request to Know”) that we disclose to you: (1) the categories of Information collected; (2) the categories of sources from which the Information is collected; (3) the business or commercial purpose for collection (or disclosing) the Information; (4) the categories of third parties with whom we share Information; and (5) the specific pieces of Information we have collected about you. Please note that we are not required to retain any Information about you for a single one-time transaction if, in the ordinary course of business, that information is not retained, nor are we required to re-identify or otherwise link any data that, in the ordinary course of business, is not maintained in a manner that would be considered Information.

If your Request asks to access the categories and specific pieces of Information we have collected about you, we will (in compliance with law) deliver to you, free of charge, copies of your Information, which may be provided by mail or electronically. We are not required to provide you with your Information more than twice in a 12-month period. Also, we are not required to retain any Information collected for a single one-time transaction if such information is not sold or retained, nor are we required to re-identify or otherwise link any data that is not maintained in a manner that would be considered Information.

We are not obligated to provide you with specific pieces of Information if the disclosure creates a substantial, articulable and unreasonable risk to the security of that Information, your account with us, or the security of our systems or networks.

At no time will we disclose your Social Security Number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, or security questions and answers in response to a Request to disclose specific pieces of Information.

Disclosure or Sale of Personal Information - If you are a consumer and we disclose your Information for a business purpose or, if in the future we should sell your Information, you may submit a Request that we disclose to you: (1) the categories of Information collected; (2) the categories of Information sold and the categories of third parties to whom the Information was sold, by category or categories of Information for each third party to whom the Information was sold (or if we have not sold your Information, we will disclose that fact); and (3) the categories of Information that we disclosed for a business purpose (or if we have not disclosed your Information, we will disclose that fact).

Right to Request Deletion of Personal Information (Request to Delete)

You may submit a Request that we delete (“Request to Delete”) any Information about you that we have collected from you. Following receipt of your Request, we will delete the Information from our records and direct any service providers to which we have given your Information to delete the information from their records; HOWEVER, Information will not be deleted if it is necessary for our business (or that of the service provider) to maintain the Information: (i) in order to perform a contract between us; (2) as required or permitted by applicable law; or (3) in order to use the Information, internally, in a lawful manner compatible with the context in which the consumer provided the information.

Right to Opt-Out of the Sale of Personal Information (Request to Opt-Out)

If we have your Information, you have the right, at any time, to direct us to not sell your Information (“Request to Opt-Out”). If we receive your Request to Opt-Out, we will not sell your Information unless you subsequently provide express authorization for the sale of your Information. You may submit a Request to Opt-Out by writing or calling us or submitting a request on our website as described above.

We do not market our products and services to Minors and, even without a Request to Opt-Out, we will not sell the Information of persons we know to be Minors.

Right to Non-Discrimination

We will not discriminate against a consumer because the consumer exercises the consumer’s rights under applicable privacy laws. This includes denying goods or services to the consumer, charging different prices or rates, providing a different level or quality of goods or services, and/or suggesting the consumer will receive a different price or rate for, or a different level or quality of, goods or services. We may charge a different price or rate or provide a different level or quality of goods or services if the difference is reasonably related to the value provided to the consumer by the consumer’s data.

Financial Incentives

From time-to-time we may offer financial incentives for the sale of our products and services (e.g. home options and upgrades at no additional cost) and, in seeking to receive those incentives, our customers may provide us with personal information (e.g. their contact information). However, we do not offer the incentives for the purpose of retaining or selling our customers’ information, but rather for the purpose of selling our products and services.

Exemptions

The “Rights” set forth above do not restrict our ability to:

  • Comply with applicable law
  • Comply with action taken by federal, state of local authorities
  • Cooperate with law enforcement agencies concerning conduct or activity reasonably and in good faith believed to potentially violate federal, state or local law
  • Exercise or defend legal claims
  • Collect, use, retain, sell or disclose consumer information that is de-identified or is aggregated and de-identified
  • Provide Information to a person covered by an evidentiary privilege as part of a privileged communication

The “Rights” set forth above do not:

  • Apply to protected or health information or to medical information governed by federal law
  • Apply to Information to be reported in or used to generate a consumer report under the federal Fair Credit Reporting Act
  • Apply to Information collected, processed, sold or disclosed pursuant to the federal Gramm-Leach-Bliley Act and regulations, if in conflict with that law
  • Apply to Information collected, processed, sold or disclosed pursuant to the Driver’s Privacy Protection Act of 1994, if in conflict with that Act
  • Require us to re-identify or otherwise link information that is not maintained in a manner that would be considered Information

California Residents

To the extent any of MDC’s affiliated companies is deemed a “financial institution” under the California Financial Privacy Act, those entities will not share your Information with any of our affiliated companies or non-affiliated third parties except as permitted by law or otherwise directed by you.

Nevada Residents

Pursuant to the laws of the State of Nevada, residents of Nevada may elect to be placed on our internal “do-not-call” list. You may make such an election or obtain further information about your rights under Nevada law by contacting us as set forth above under “Right to Opt-Out”. You may also obtain further information about your rights under Nevada law by contacting the Nevada Attorney General’s office at: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington Avenue, Suite 3900, Las Vegas, Nevada 89101, Phone: 702-486-3132, Email: BCPINFO@ag.state.nv.us

Other Information

This Privacy Policy applies to products or services provided by M.D.C. Holdings, Inc. and its affiliates. We reserve the right to change this policy at any time and the date of the revised policy will be identified below.

Contact Us for More Information

If you have questions or concerns about our privacy policies or practices, you can obtain additional information from us by calling us at 800-772-8024 or writing to us at M.D.C. Holdings, Inc. c/o HomeAmerican Mortgage Corporation Customer Service Department, 5775 DTC Boulevard, Suite 300S, Greenwood Village, CO 80111.

©2019 M.D.C. Holdings, Inc. Revised effective: December 19, 2019.