PRIVACY DISCLOSURE STATEMENT

(Updated January 2015)

WCI believes in communicating clearly with our customers.
This Privacy Disclosure Statement is provided to inform you how WCI collects, uses and shares the Personal Information that we gather when you use our products, services, applications, and websites (collectively, our "Services").

In this Policy, "Personal Information" generally means any information that could allow someone to identify or contact you or your computing device. Such information includes, for example, your name; email address; phone number; home, postal or other physical address; other contact information; birth date; gender; occupation; industry; payment or identity verification information; device identification number; and Internet Protocol ("IP") address. The term does not, however, include information that cannot reasonably be used to identify you, such as aggregated or anonymous information. This Policy also does not apply to information relating to partnerships, trusts or corporations.

The policies and disclosures contained in this Privacy Disclosure Statement may be amended and changed over time, without prior notice to you, consistent with applicable privacy laws. We encourage you to review this Policy whenever you use our Services in order to stay informed about our information practices. Your continued use of our products, services, and online and mobile websites shall constitute your acceptance of this Policy, as it exists at that time. To the extent not prohibited by law, any amendment or update to this Privacy Disclosure Statement will apply both to Personal Information that we already have collected and to any Personal Information that we may subsequently obtain. This Privacy Disclosure Statement replaces all previous notices or statements with respect to this subject, and cannot be modified orally by any of our representatives, employees or officers.

How WCI Collects Personal Information
We collect Personal Information about you for many reasons and at a variety of different times. We collect this Personal Information so we can provide you with the services you want, make it possible for you to build, buy and insure your dream home, help you become a member of golf clubs and country clubs, help you settle into and enjoy your new residence and your community, and for the other purposes described below. The particular types of Personal Information that we may collect about you will depend on the community you're looking at or live in, or the particular Services that you've used or requested.

The Personal Information that we collect may come to us in a number of different ways. The types of Personal Information that we collect include (among others):

  • Personal Information you provide to us on registration cards and in your inquiries when you visit or call our sales centers;
  • Personal Information you provide to us on applications and in your correspondence with us, or which we obtain from individuals or entities whose names you have provided us as references;
  • Personal Information you provide manually and that our computer servers collect when you visit our web sites;
  • Personal Information that we collect when you use one of our mobile applications;
  • Personal Information we collect during our relationship with you, as you purchase and finance your home, including Personal Information from your attorney;
  • Personal Information from a report prepared by one of our Service Providers (as defined below), such as your credit history, which we need to make business decisions and to better serve your needs; and
  • Personal Information that is publicly available, such as on deeds or mortgages.

How WCI Uses and Shares Personal Information
We generally reserve the right to use or disclose your Personal Information for any lawful purpose we deem appropriate. For example, we may use and share your personal information in order to provide the Services, to deliver advertising content to you, and otherwise for our everyday business. Although we will not sell any customer lists that contain your Personal Information, there are times when we will provide your Personal Information to third parties in order to provide the Services, and for other reasons.

Some of the specific reasons for which we may use and disclose your Personal Information include:

  • We will use and share certain Personal Information in order to provide the Services and otherwise to carry out our everyday business activities, such as processing your order, servicing your account, providing you with personalized accounts available through our websites and applications and providing you with excellent customer service.
  • We may use your last name on a sign or plaque placed on the Homesite being purchased during the term of your Residence Purchase Contract stating that the Residence is your future home;
  • We will use and share Personal Information to communicate with you via phone, regular mail and electronic mail. For example, we may contact you regarding payments or customer support. We may also send you correspondence via regular and electronic mail regarding offers and promotions available to you. We may collect information about your transactions with us, the features of any order for product or service that you place with us and any specific instructions you give regarding a purchase or service;
  • We may use and share your Personal Information with third parties who help us to operate and improve our business (e.g., service providers, information technology providers, mailing and other business process providers, outsourcing providers, analytic data service providers, etc.). For example:
    • we may use and share your Personal Information for market research and product development so we can understand your needs as a home buyer.
    • we may share your Personal Information with our "Strategic Partners" - third parties that we have partnered with to share in the development or management of a community, residential project, golf course, club or other project. Our Strategic Partners include third party owners of amenities located in WCI's communities and multinational hotel chains and well-known golfing and tennis professionals;
    • We may share your Personal Information with our "Service Providers" - third parties that are not affiliated with us and who perform services or functions on our behalf. 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 that we've hired them to perform for us or for you;
    • We may disclose Personal Information 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 products and services at our communities and clubs. An example of this would be if a company wanted to provide high speed internet access in your high rise or community;
  • We may use and share certain Personal Information with third parties when we or our affiliates seek financing or other funding from third parties, or in connection with any proposed or actual merger or other business combination or separation (including, but not limited to, a voluntary or involuntary change in our business or structure, reorganization, sale of all or part of our stock or assets, spinoff, bankruptcy, or dissolution);
  • As discussed in more detail below (see "Cookies and Other Technologies"), we may collect information about you through the use of "cookies" or similar information-gathering tools. The information that we may collect with cookies and similar tools includes standard information from your web browser and/or mobile device (such as unique mobile device identifier, browser type, browser version, and browser language), your IP address, and the actions you take, such as the webpages you view and the links or advertisements you click;
  • We also may use and disclose technical information about your account, such as your user name, password, password reminder questions and answers, and communication preferences in order to operate the Services, to enable you to have a personalized experience with the Services, and for the other reasons described herein.
  • We may use and disclose your Personal Information to engage in routine business uses that an ordinary and reasonable person should expect in the context of the Services that we provide, the reasons for which we collect Personal Information, and/or the ways that similar businesses ordinarily operate, including, for example, uses and disclosures:
    • for security purposes, including to verify and authenticate your identity, authority, or other characteristics or information. For example, we may confirm Personal Information that you provide us on applications and forms, or as a resident of one of our communities, 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;
    • to detect, prevent, or otherwise address fraud, security or technical issues, claims, or other liability or harm to you, us, or others;
    • to respond to questions or requests or to contact you for lawful purposes, including for surveys;
    • to vendors and their service providers who reasonably need the personal information to do their jobs, which may include helping us to analyze how the Services are used, diagnose service or technical problems, customize content or deliver personal communications, and/or protect the security or integrity of the Services;
    • to respond to or participate in commercial disputes (e.g., lawsuits or investigations), including with respect to enforcing applicable provisions of our agreements;
    • to persons appearing to have a lawful interest in the Personal Information (e.g., to an insurance company processing an insurance claim involving you);
    • to comply with applicable law, regulation, legal process, or enforceable governmental requests (such as subpoenas, warrants, investigative demands from law enforcement, regulators or others, national or international security letters or demands, etc.), or in order to investigate, prevent, or take action regarding suspected or actual illegal activities;
    • to exercise or perform a legal, ethical, contractual or other right or obligation, including enforcing any agreements that you have entered into;
    • in accordance with your express instructions; or
    • for such other lawful purposes as may be disclosed or evident at the time that you provide personal information to us (e.g., when you provide personal information in response to a survey, to sign up for an event, or to register for a newsletter).

It is not possible, however, for us to list every lawful use that we might make of Personal Information, so the uses and disclosures described above are general, non-exclusive, illustrations. We reserve the right to engage in any lawful use or disclosure of personal information that is consistent with this Privacy Disclosure Statement (but we will not engage in any of the uses described above to the extent that they are prohibited by applicable law).

Sharing of Personal Information between Affiliates
WCI is made up of a number of companies ("Affiliates"), including (among others): WCI Communities, Inc., WCI Realty, Inc., Watermark Realty Referral, Inc. and Watermark Realty, Inc. d/b/a Berkshire Hathaway HomeServices Florida Realty d/b/a BHHS Florida Realty and d/b/a Florida Title & Guarantee Agency. Subject to applicable law, WCI and its Affiliates may use Personal Information and share it with each other for any of the various purposes described herein. Please note, however, that in certain circumstances, our Affiliates may not use your Personal Information to market to you. We will provide you with additional privacy choices before any of our Affiliates uses your Personal Information for such purposes.

Cookies and Other Tracking Technologies
When you visit our websites, we collect and store the name of the domain and host from which you accessed the site, your public IP address, the browser software and operating system you used, the date and time you accessed the site, cookie information and all pages within the website which you access. Small data files called "cookies" also are placed on your computer, which enable various functions of our website, make it easier for you to view various site pages and allow us to identify your device, recognize you as a returning user and bring you advertising both on and off of our websites.

We use both "session ID cookies" and "persistent cookies." Session ID cookies are used to store information while you are logged into your account and expire when you close your browser. Persistent cookies are used to make tasks easier for returning users by remembering a user's login information. Persistent cookies stay on your hard drive from one session to the next. If you do not want to receive cookies, you can change your browser or mobile device settings, though this may change your browsing experience or interfere with your use of our Services.

In addition to these cookies, we also may use other standard Internet technology, such as web beacons and similar technologies, to track your use of the Services. Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small (usually invisible) graphic image on a web page or in an email. Web beacons can recognize certain types of information on your computer, such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. We may use web beacons to improve your experience with the Services, including to provide you with content customized to your interests and to understand whether users read email messages and click on links contained within those messages so that the Services can deliver relevant content. Our web beacons may collect some contact information (for example, the email address associated with an email message that contains a web beacon). The Services also may include third-party web beacons so that these third parties may receive auditing, research, and reporting information about advertisements viewed on the Services.

We generally may use and disclose information collected through cookies, web beacons, and similar tracking technologies in order to provide the Services and for purposes of site functionality (e.g., to remember your login information), but we reserve the right to use and disclose personal information obtained through these means for any lawful purpose, including, but not limited to:

  • Authentication: To recognize you if you are logged in to your account so we can personalize your experience and show you the right information.
  • Security: To support or enable security features we have deployed, and to help us detect malicious activity and violations of our Terms and Conditions.
  • Preferences, Features and Services: To know which language you prefer, what your communications preferences are. Cookies also help you fill out forms on our websites and provide you with features, insights and customized content through our plugins.
  • Advertising: To show you advertising both on and off our websites.
  • Performance, Analytics and Research: To help us learn how well our websites and plugins perform, including by diagnosing or fixing technology problems reported by our users or engineers. We also use cookies to understand, improve, and research products, features and services, including when you access our sites from other websites, applications or devices, such as your work computer or mobile device.

From time-to-time, we may engage third parties to track and analyze non-personally identifiable usage and volume statistical information from individuals who visit our websites. These third parties may place material on the Services, such as banner ads, that allow the third party's servers to place cookies in your web browser. Please note that we only can access cookies that we place on your browser, not the cookies sent to you by other companies. We also may use other third-party cookies to track the performance of our own advertisements. The information provided to third parties by means of these third party cookies does not include personal information, but this information may be re-associated with personal information after we receive it.

You may be able to "opt-out," disable or restrict some cookies or similar information gathering tools, such as through your web or other browser settings or through third party mechanisms. However, not all cookies or other tools are so controlled and not all "opt-out" or similar mechanisms work on all browsers or access devices. Even effective opt-out opportunities can become ineffective over time or as technologies or browsers change. You can find more information about cookies and your ability to control their use at http://www.allaboutcookies.org/ or by reviewing your browser or access device settings. Although such information should be helpful, we do not control or guarantee its accuracy or that it will be effective with respect to all information gathering tools or in all circumstances. If you choose to refuse cookies or other similar tools from our websites, some functionalities or features might not work properly, may be slower, or may be unavailable.

 

*California Disclosure. CA Bus. & Prof. Code § 22575 requires us to disclose how our website responds to Web browser "do not track" signals and/or other mechanisms that seek to provide consumers with the ability to control the collection of their personal information through online tracking technologies for certain purposes, such as targeted or behavioral advertising.

If your browser or similar mechanism gives our website a "do not track" signal, the site will make commercially reasonable attempts to honor your settings (although we still may deliver and use cookies and other tracking technologies for non-marketing purposes). However, we do not make any promises or guarantees about the effects of any "Do Not Track" choice that you may make because: (a) such nuanced treatment is not necessarily available or effective for any or all browsers, mechanisms or tracking technologies, and our commercially reasonable attempts to honor your settings might or might not be effective to preclude tracking or behavioral advertising at all or over any particular period of time; (b) third parties may not honor your settings or our policies and/or may use cookies or other tracking technologies for behavioral advertising despite our commercially reasonable attempts to prevent them from doing so; and (c) tracking technologies, browsers, and access devices may change from time to time and our commercially reasonable attempts might or might not be effective for each technology or across all platforms.

Mobile Devices
Certain mobile devices contain unique identifiers that can be used, for example, to identify the physical location of such devices. Mobile devices also typically transmit caller ID data when used to transmit a telephone call or text message. The Services may collect, use, transmit, process and maintain unique identifiers, caller ID data, location-based data, and similar information when you rely on mobile devices, including to provide the services you request and improve your experience with the Services. The Services also may require collection of your mobile phone number in order for you to participate in certain services or features and that number may be associated with such information. When you first launch any of our mobile applications, you may be asked to consent to the application's collection of location information. If you consent, information regarding your location may be transmitted to us and/or to third parties in order to provide Services to you. In some circumstances, we may not be able to provide our Services without this location information, which means that you may not be able to use our Services if you do not provide your consent.

If you initially consent to our collection of location information and change your mind, you can revoke your consent by changing the preferences on your mobile device. You also may stop our collection of location information by following the standard uninstall process to remove all of our applications from your device.

How We Protect Your Information
We use what we believe to be commercially reasonable measures to protect your personal information from loss, misuse, or unauthorized access, disclosure, alteration or destruction. Nevertheless, please be advised that no security measure, system, or control is infallible. WE ACCORDINGLY DO NOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF PERSONAL INFORMATION AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, DUTIES OR CONDITIONS IN THAT REGARD. If any applicable law imposes on us a duty with respect to these matters that cannot be disclaimed, you acknowledge and agree that our commercially reasonable precautions shall be considered to be satisfy that duty unless (and only unless) we have engaged in willful misconduct.

Your Ability to Correct Personal Information
We provide you with access to your Personal Information in various ways, including on statements and community mailings, and want you to make sure that the Personal Information we have about you is accurate and current. If you note that the Personal Information we have is incomplete, incorrect or not current, please call either your community manager(s) or the telephone number given on documentation that you have received from us. We will update or correct the error promptly.

Children's Privacy
No part of the Services is designed or directed to children. To use or provide Personal Information through the Services you must be at least thirteen (13) years of age. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected Personal Information from a person under age 13, we will delete that information promptly. If you believe that we might have any information from or about a person under the age of 13, please contact us as described below (see "Questions").

Third Party Sites
This Privacy Disclosure Statement does not describe the practices of any other party that may have access to your personal information. To the extent that we provide your personal information to our agents or Service Providers, we take what we believe to be commercially reasonable steps to ensure that they safeguard the confidentiality of such information and use it only for the intended purposes. However, we are not responsible for the practices employed by any third party website that we may link to, nor for the information or content contained therein. When you click on one of these links, you are being transferred to a website operated by someone other than us, and the operator of that website may have different privacy practices. We encourage you to review the privacy statements of such other websites to understand their information practices and terms of service.

Communications Preferences
We may provide notifications to you that are required by law or that are for marketing or other business-related purposes. Subject to applicable law, we may provide such notifications to you via email, hard copy, or through conspicuous posting on our websites. We reserve the right to determine the form and means of providing notifications to you.

If you do not want us to share your personal information with third parties for our or their direct mail marketing purposes, or if you do not want us to send you offers or promotions through direct mail, please send us an email at Marketing@wcicommunities.com with "Direct Mail Opt-Out" in the subject line. You can also write to us at the address below (see "Questions").

If you do not want us to call you regarding offers and promotions, you can email us at Marketing@wcicommunities.com with "Do Not Call" in the subject line, or write us at the address below (see "Questions").

If you do not want us to send you emails regarding offers and promotions, please follow the "unsubscribe" instructions at the bottom of those emails.

Please note that even if you exercise one or more of the options above, we may still communicate with you by phone, and electronic and direct mail as necessary to provide you services or information that you have requested.

Questions
If you have questions or concerns about this Privacy Disclosure Statement, please send us an email at Marketing@wcicommunities.com with "Question About Privacy Disclosure Statement" in the subject header. You can also write to us at:

WCI Communities
24301 Walden Center Drive
Bonita Springs, FL 34134