Caracol Investors, LP (“we”, or “us”), operate a website providing a variety of information related to the Caracol subdivision in Port O’Connor, Texas (the “Site”). This notice outlines the Privacy Policy associated with the Site . By visiting this website, you are accepting the practices described in this Privacy Policy (“Privacy Policy”). This Privacy Policy covers our treatment of Personal Information (as defined hereinbelow) that we collect when you agree to receive e-mail marketing from us. It is important that visitors are fully informed about the use of their Personal Information. We believe in 100% permission-based marketing. Please be advised that your Personal Information wil l not be shar ed, but you may still receive selected offers directly f rom us, in accordance with the law.
When you register on our Site you hereby agree and acknowledge that your Personal Information will be placed into the Caracol database and that such Personal Information may be shared with third parties for Caracol marketing purposes.
Your IP Address
Each time you visit one of Site, our web server automatically recognizes your IP address and the web page from which you came. Your IP address is used to help identify you and togather broad demographic information about you. We also use your IP address to help diagnose problems with our servers, to administer the Site and to better serve you in accessing the information and other features contained within the Site.
Cookies and Action Tags
The first time a user provides an e-mail address in connection with their activities at the Site, we assign an identification number to that e-mail address and deploy a cookie to the applicable user’s PC. Whenever that user comes back to the Site using the same PC, the cookie allows the Site to identify the user and to recall the user’s e-mail address. If, at any time, a user provides other information in connection with their activities on the Site (such as name, address, birth date, gender, etc.), we may store that information, along with the user’s e-mail address, in our user database. We may use the information stored in our database: (i) to effectuate the purpose or transaction for which the information was originally provided by a user; (ii) to prepopulate information fields in the event a user wishes to sign up for and/or participate in a contest, promotion, drawing, or other offers in the future; (iii) to ensure that a user will not be repeatedly exposed to the same advertisements, offers and/or promotions while visiting the Site; and/or (iv) to, in connection with regular communication with a user, include offers, promotions or advertisements that were historically, or are likely to be, of interest to that user. We also use cookies to anonymously track and target the interests of our users to further enhance the experience on the Site.
Action Tags, Web Beacons and other Data Collection Methods: An action tag or a webbeacon (also known as a clear gif or a pixel tag) is a method used to track responses or actions by visitors who view certain advertisements or other information on the Site. Action tags are 1×1 pixel images embedded in a website page that are used to transparently collect information.
We may use action tags to count the number of times that visitors click on a particular link or visit the pages of our Site and to provide information about what information is viewed. We reserve the right to retain this cookie and action tag data indefinitely. At no time will we share cookie-related, action-tag-related and/or generated information and/or data with third parties. Personal Information We Collect From You By registering with, or providing Personal Information to the Site, as well as by providing permission to receive marketing offers, users allow us and our affiliates to make their personally identifiable information available to our affiliates in accordance with the terms of this Privacy Policy. For the purposes of this Privacy Policy, “Personal Information” shall mean individually identifiable information from or about an individual including, but not limited to: (a) a first and last name; (b) a home or other physical address, including street name and name of city or town; (c) an e-mail address or other online contact information, such as an instant messaging user identifier or a screen name that reveals an individual’s e-mail address; (d) a home telephone number; (e) a mobile telephone number; (f) a persistent identifier, such as a customer number held in a cookie or processor serial number, that is combined with other available data that identifies an individual; or (g) any other information from or about an individual that is combined with any of (a) through (g) above.
How We Use Personal Information
This Privacy Policy applies to consumers that have agreed to receive e-mail marketing from us, via registration on our Site, via e-mail, or otherwise. We may also employ other companies and individuals to perform certain functions on our behalf. Examples include sending direct and electronic mail, removing duplicate information from user lists, analyzing data and providing marketing analysis. The agents performing these limited functions on our behalf shall have access to our users’ Personal Information as needed to perform their functions for us but we do not permit them to use your Personal Information for other purposes.
We will also use your Personal Information for customer service, to provide you with information that you may request, to customize your experience on the Site and/or to contact you when necessary in connection with registrations and/or applications entered into by you on the Site. We may also use your Personal Information for internal business purposes, such as analyzing and managing our business. We may also combine the information we have gathered about you with information from other sources. We may use third parties to help us operate our business and the Site or administer activities on our behalf. We also reserve the right to release current or past user information in the event that we believe that the user is using, or has used, our services and/or Site: (i) in violation of the terms and conditions of this Privacy Policy or any other of our operating rules, policies, and other supplemental terms and conditions or documents that may be published by us from time to time; (ii) to commit unlawful acts; (iii) if such information is subpoenaed; (iv) if we are sold or acquired; or (v) when we deem it necessary or appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time to time, and Federal Trade Commission implementing regulations.
In addition, by registering at the Site, you agree that such act constitutes an inquiry and/or application for purposes of the Amended Telemarketing Sales Rule (16 CFR 310 et seq.), as amended from time to time (the (“Rule”) and applicable state do-not-call regulations. Notwithstanding that your telephone number may be listed at the Federal Trade Commission’ Do-Not-Call List, and/or on applicable state do-not-call lists, we retain the right to contact you via telemarketing in accordance with the Rule and the applicable state do-not-call regulations. In addition, by submitting your personal information to the Site, you agree to receive mobile marketing including, but not limited to, text-message based marketing, from us and our thirdparty advertisers and marketers. Notwithstanding that your mobile telephone number may be listed on state and/or federal Do-Not-Call registries, we retain the right to contact you via textmessage based marketing in accordance with applicable state and federal law.
You may unsubscribe from any of our e-mail marketing programs at any time by notifying us. We attempt to process all unsubscribe requests in a prompt fashion. However, after unsubscribing, we cannot guarantee that you will never receive another mailing from us, because we may obtain your e-mail address in the future through a different e-mail marketing program that you have opted into.
Other Websites
Please be aware that our Sites may contain links to other websites on the Internet that are owned and/or operated by third parties. Other websites accessible through our Site have their own privacy policies and data collection, use and disclosure practices. Please consult each such website’s privacy policy prior to making your information available therein. We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of each of the advertisers and/or third parties accessible through the Site. The information practices of those websites linked to our Site are not covered by this Privacy Policy. These other websites may send their own cookies to users, collect data or solicit Personal Information. We cannot control this collection of information. You should contact these advertisers directly if you have any questions about their use of the information that they collect.
Our Security Precautions
We endeavor to safeguard and protect our users’ information. When users submit information at the Site, their information is protected both online and off-line. The privacy of your personal information is very important to us. The servers that we store personally identifiable information in are kept in a secure physical environment. We have security measures in place to protect the loss, misuse and alteration of personal information under our control. Please be advised that, although we take every reasonable technological precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information will be absolutely secure. Any transmission of data at or through our Site is at your own risk. However, access to your information is strictly limited, and not accessible to the public. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job are granted access to personal information. Our employees are dedicated to ensuring the security and privacy of all user information. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
Minors
Users under eighteen (18) years of age are not allowed to participate in promotions that we offer. No information should be submitted to, or posted at the Site by visitors under eighteen (18) years of age without the prior consent of their parent or guardian. Notwithstanding the foregoing, children thirteen (13) years of age and younger are not permitted to access the Site. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
Removal of Your Information/Opting Out
At your request, we will remove Personal Information that you have provided to us. However, deleting your Personal Information or otherwise opting-out of receipt of communications from us or third parties will only change or delete the data in our database for purposes of transacting future business on the Site and for managing future communications from us and third parties.
No Liability for Unauthorized Changes
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SITE OR FOR THE UNAUTHORIZED MODIFICATION OF TEXT PROVIDED BY US, OUR MARKETING PARTNERS OR ANY OTHER THIRD PARTIES.
Your Acceptance of These Terms
By using the Site including, without limitation, signing up for offers and/or continuing to receive information from us, you agree to the terms of our Privacy Policy. We reserve the right, at our discretion, to change, modify, add and/or remove portions of this Privacy Policy at any time. All Privacy Policy changes will take effect immediately upon their posting on the Site. Please check this page periodically for changes. Your continued use of the Site or acceptance of our e-mails following the posting of changes to these terms will mean that you accept these changes and agree to continue receiving e-mails from us.