Privacy and Social Media Policy
1. ACCEPTANCE OF PRIVACY POLICY.
Howard Hughes, Trillium Development Holding Company, LLC, Douglas Ranch Development Holding Company, LLC, and all affiliates and subsidiaries of such entities (“us”, “we”, or “our”) respect your privacy. This Privacy Policy applies to all our websites and services that link to it, including http://www.teravalis.com and our mobile application (collectively, the “Website”). This page informs you of the information we collect, with whom we share it, how we protect it, the choices we offer you regarding our collection and use of such information.
BY USING THE WEBSITE, YOU AGREE TO THE COLLECTION AND USE OF INFORMATION IN ACCORDANCE WITH THIS POLICY.
2. INFORMATION WE COLLECT.
While using our Website, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your name, email address, demographic information, and any personal information that you provide in response to surveys we provide (collectively, “Personal Information”). We may also receive information about you from our parent company, affiliates, service providers, business partners, and other third parties.
When you use the Website, we may also collect certain information by automated means, such as through the use of cookies. “Cookies” are text files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your computer’s hard drive. We may also use third-party analytics tools (such as Google Analytics) that collect information about use of the Website and user traffic. The information we may collect by automated means may include, but is not limited to:
a. Information about the devices you use to access the Website (such as the IP address and the type of device, operating system, and web browser);
b. Dates, times, and duration of use of the Website (including whether you are a repeat or first-time visitor); and
c. Information on actions taken when using the Website (such as page views and website navigation patterns).
The information we collect automatically helps us to improve and personalize the Website, including by enabling us to identify and authenticate users. To the extent that we pair any anonymous or nonpersonal information with a user’s personal information, we will treat such information in accordance with the terms of this Privacy Policy.
In addition, if you access and use the services on a mobile device and your mobile device’s settings allow it, we may collect information about your real-time location. We share your geolocation information with our developers who are contractually bound to only use this information as necessary to provide the services. Please see the “Your Choices” section below for information regarding how to limit the location information that we may collect.
3. HOW WE RESPOND TO DO NOT TRACK SIGNALS.
Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services. At this time, the Website does not respond to the preferences you may have set in your web browser regarding such collection of your information, and the Website may continue to collect information in the manner described in this Privacy Policy.
4. HOW WE USE YOUR PERSONAL INFORMATION.
We may use the Personal Information we obtain about you to:
a. Complete transactions you have requested using the Website;
b. Send you information or materials you request;
c. Respond to your questions and comments and provide customer or member support;
d. Communicate with you about our products, services, offers, promotions, and loyalty program;
e. Operate, evaluate, and improve our business and the products and services we offer;
f. Analyze and enhance our marketing communications and strategies;
g. Analyze trends and statistics regarding use of the Website and transactions conducted using the Website;
h. Protect against and prevent fraud, unauthorized transactions, claims, and other liabilities, and manage risk exposure, including by identifying potential hackers and other unauthorized users;
i. Enforce our Terms of Use and other agreements; and
j. Comply with applicable legal requirements and industry standards.
We also may use the information we obtain about you in other ways for which we will provide specific notice at the time of collection.
5. HOW WE DISCLOSE YOUR PERSONAL INFORMATION.
We may disclose aggregated information about our users, and information that does not identify any individual user, without restriction. We may disclose Personal Information about you:
a. To our affiliates and subsidiaries;
b. To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them;
c. To comply with any court order, law, or legal process, including to respond to any government or regulatory request;
d. To enforce or apply our Terms of Use and other agreements;
e. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Howard Hughes, users of the Website, or others; and
f. With your consent.
We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets. Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Privacy Policy.
6. YOUR CHOICES.
We offer you the following choices about the information we collect from you and how we communicate with you.
7. COOKIES.
Most browsers will tell you how to stop accepting new cookies, how to be notified when you receive a new cookie, and how to disable existing cookies. Please note, however, that without cookies you may not be able to take full advantage of all of the features of the Website.
8. PROMOTIONAL COMMUNICATIONS.
If you have received a promotional email from us, you can also opt out of receiving future promotional emails from us by following the unsubscribe instructions contained in such email. You may also update your communication preferences by logging into your account and visiting your account profile page.
9. LOCATION INFORMATION.
If you access our Website using a mobile device, you may adjust the settings on your mobile device to allow or prevent the sharing of location information. For example, you can disable “Location” (or “Location Services” on iOS-based devices) on your mobile device to prevent sharing your location information with us. Please refer to instructions provided by your mobile service provider or the manufacturer of your mobile device to learn how to adjust your mobile device settings. Please note that if you disable the sharing of location information, you may be unable to access some features of our Website that are designed for mobile devices.
10. THIRD-PARTY ANALYTICS.
You may opt out of the aggregation and analysis of data collected about you on the Website by Google Analytics by following the instructions at https://tools.google.com/dlpage/gaoptout.
11. SECURITY.
The security of your Personal Information is important to us but remember that no method of transmission over the Internet, or method of electronic storage, is completely secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk.
12. CHILDREN UNDER THE AGE OF 13.
The Website is not directed to, and we do not knowingly collect or solicit personal information from, children under the age of 13. If we learn we have collected or received personal information from a child under the age of 13, we will delete that information. If you believe we might have any information from or about a child under the age of 13, please contact us at teravalis@howardhughes.com.
13. CHANGES TO THIS PRIVACY POLICY.
We reserve the right to update or change our Privacy Policy at any time. If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us or by placing a prominent notice on our Website. In the event we make a material change to this Privacy Policy that affects how we handle your Personal Information we will also provide you with an opportunity to opt out of such new or different use. The date this Privacy Policy was last revised is at the top of this page. We encourage you to review this Privacy Policy periodically to check for any updates or changes.
14. DATA TRANSFERS.
Corporate headquarters for Howard Hughes is in the state of Texas in the United States and the Teravalis property is located in the state of Arizona. When we obtain information about you, we may transfer, process, and store such information outside of the country in which you reside, including in the United States. By using the Website, you consent to the transfer to and processing and storage of your information in countries outside of your country of residence, which may have different data protection laws than those in the country where you reside.
15. DISCLAIMER OF WARRANTIES.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, JOINT VENTURE PARTNERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE WEBSITE IS AT YOUR SOLE RISK.
17. INDEMNIFICATION.
You agree to indemnify, defend, and hold the Company and its officers, directors, employees, agents, joint venture partners, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Website and/or any content appearing on the Website, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such an event, you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Website and/or these Terms of Use.
18. TERAVALIS SOCIAL MEDIA POLICY.
Teravalis welcomes honest and open conversation on Teravalis social media pages (the “Teravalis Pages”); however, we reserve the right to remove comments or discussion posts at our discretion.
We encourage comments that:
a. Are on topic, brief, and have a constructive tone;
b. Are open to being discussed or even contradicted by other commenters; or
c. Might disagree with the content in the post or update.
We discourage comments that:
a. Are repeatedly off topic;
b. Are excessively long or negative in tone;
c. Are considered likely to disrupt, provoke, attack, or offend others, including personal conversations better suited for private messaging; or
d. Advertise products or services for profit or gain.
We reserve the right to remove comments that:
a. Are racist, sexist, sexually explicit, or otherwise objectionable;
b. Contain swear words or other language likely to offend;
c. Could break the law or condone or encourage unlawful activity (this includes breach of copyright, defamation and contempt of court);
d. Are seen to impersonate someone else;
e. Are factually inaccurate or libelous and thus could mislead or misinform readers/followers;
f. Share personal information including phone numbers, social security numbers, or addresses;
g. Describe or encourage activities which could endanger the safety or well-being of others;
h. Are considered to be ‘spam’ (posts containing the same message posted multiple times or multiple, excessive comments that are not relevant or related to existing content), marketing, or advertisement;
i. Contain personal or offensive comments about individual social media users or people who work for us or Teravalis, which may be considered harassment.
By commenting on the Teravalis Pages, you are indicating that you have read, understand, and agree to abide by the guidelines laid out above. People who are continually abusive and offensive to others on the Teravalis Pages risk being permanently removed as commenters.
Comments posted on the Teravalis Pages do not necessarily reflect the opinions of Teravalis and shared information does not constitute an endorsement of any kind. All content and posts are bound by the terms and conditions of Facebook, Twitter, Instagram, Yelp, Trip Advisor, or such other social media platforms, as applicable.
18. CONTACT US.
If you have any questions about the Website or this Privacy and Social Media Policy, you can call 602-834-9100, email to teravalis@howardhughes.com, or send correspondence to:
Howard Hughes
Attention: Marketing Director
4150 North Drinkwater Boulevard, Suite 100
Scottsdale, Arizona 85251