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 disclose Information; and (5) the specific pieces of Information we have collected about you.
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 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 category of 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, and the categories of persons to whom it was 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 notify any Service Providers, Contractors or Third Parties 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, Contractor or Third Party) 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 Request Correction of Personal Information (Request to Correct)
To the extent we maintain inaccurate Information about you, you may submit a Request that we correct (“Request to Correct”) such Information. Following receipt of your Request, we will use commercially reasonable efforts to correct your Information, as directed by you.
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 consent 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, suggesting the consumer will receive a different price or rate for, or a different level or quality of, goods or services, and/or retaliating against an employee, applicant for employment, or a natural person who provides any service to a business pursuant to a written contract. 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, sharing 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
- Cooperate with a government agency request for emergency access to a consumer’s Information if a natural person is at risk or danger of death or serious physical injury, provided that: (1) the request is approved by a high-ranking agency officer for emergency access to a consumer’s Information; (2) the request is based on the agency’s good faith determination that it has a lawful basis to access the Information on a non-emergency basis; and (3) the agency agrees to petition a court for an appropriate order within three days and destroy the Information if that order is not signed
- Exercise or defend legal claims
- Collect, use, retain, sell or disclose consumer information that is de-identified or is aggregated
- Decline to comply with a Request where compliance would violate an evidentiary privilege
- 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 subject to regulation under the federal Fair Credit Reporting Act
- Apply to Information collected, processed, sold or disclosed subject to the federal Gramm-Leach-Bliley Act and regulations
- Apply to Information collected, processed, sold or disclosed pursuant to the Driver’s Privacy Protection Act of 1994
- 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, 4350 S. Monaco Street, Suite 100, Denver, Colorado 80237.
©2023 M.D.C. Holdings, Inc. Revised effective: November 3, 2022.
