Privacy Policy

IF YOU ARE A RESIDENT OF CALIFORNIA: Please see the section titled Privacy Policy — California on this page.

The Hills at Big Creek appreciates that privacy is important to you and is committed to protecting the confidentiality of Personal Information and handling Personal Information with integrity and with an understanding of its sensitive nature. As such, The Hills at Big Creek has created this Privacy Policy (the “Privacy Policy” or the “Policy”), and all employees of The Hills at Big Creek are expected and required to abide by this Privacy Policy. This Privacy Policy applies solely to information collected by this website, except where stated otherwise.

For the purposes of this Policy, Personal Information is information that can be used to directly or indirectly to identify a living individual. Personal Information may include, but is not limited to, sensitive categories of information, herein referred to as Sensitive Personal Information, such as information that reveals racial or ethnic origin, political opinions, religious beliefs, trade union membership, health, sexual or gender orientation.

This Policy is designed to protect Personal Information under applicable law as it exists. The Hills at Big Creek understands that laws and circumstances may change quicker than the Policy can be adjusted to fit and that this Privacy Policy cannot address every possible issue and circumstance. As such, this Privacy Policy is subject in all respects to local legal and regulatory requirements, as well as existing agreements, and The Hills at Big Creek confirms that the company will comply with any such requirements and existing agreements.

The The Hills at Big Creek web site at https://hillsatbigcreek.com/  (the “Site”) provides you with information about The Hills at Big Creek, its products and services, and in certain circumstances, allows you to purchase products or services or sign up to receive further information about The Hills at Big Creek. In order to provide you with access to this information about The Hills at Big Creek, and the ability to purchase products and services offered by or through the Site, certain Personal Information is collected from visitors to the Site. This Privacy Policy is designed to inform you about the types of information that are collected, as well as our use of such Personal Information, and sets forth the guidelines The Hills at Big Creek uses in protecting your privacy. This Privacy Policy applies to your use of the Site, any other The Hills at Big Creek site that is linked from https://hillsatbigcreek.com/  as well as your use of The Hills at Big Creek’s social media websites and pages, including without limitation, YouTube™, Facebook®, LinkedIn ®, Twitter®, and Instagram®, which are all included in the definition of “Site”. This Privacy Policy shall also be deemed part of the The Hills at Big Creek Site Terms of Use.

This Privacy Policy describes the types of Personal Information that The Hills at Big Creek collects in connection with this Site. The Hills at Big Creek gathers Personal Information and will distribute this information only within The Hills at Big Creek in an effort to meet your needs and respond to your information requests.

We note that if you are a The Hills at Big Creek employee, contractor, supplier, customer or another partner, the use and protection of Personal Information may be subject to additional contractual obligations between us, including without limitation, additional The Hills at Big Creek policies.

Personal vs. Non-Personal Information

  • Personal Information: Personal Information may be collected from you as you use the Site. Personal Information generally is information that personally identifies you in some way(s). Examples include your name, address, birth date, email address, phone number, other data collected when purchasing our products or services, education, employment, credit card, or other credit information. Additional examples include information submitted through our call centers, by joining a mailing list, by participating in social media events, contests or surveys, and signing up for email alerts or distributions. If during your visit to this website you submit Personal Information to us, you are choosing to provide us with your Personal Information and you agree that it will be used to provide the information, products or services that you request (including information on additional products and or services which The Hills at Big Creek reasonably thinks may be of interest to you) and you consent to The Hills at Big Creek’s use of your personal information to improve or market The Hills at Big Creek’s products or services. The Hills at Big Creek does not knowingly request or collect Personal Information from any person under the age of 13 and we ask that any individual who is under the age of 13 to refrain from using our Site or submitting any Personal Information.
  • Non-Personal Information: Non-personal information includes general information about your visit to the Site that is not personal information or does not personally identify you. The Hills at Big Creek’s web server will recognize your domain name, which will be collected to monitor general use of the Site and for improvements to the Site, our products, and services. Similarly, cookies provide non-personal information which allows us to track the anonymous use of our Site, including use and traffic statistics each time you visit by placing small data files placed on your hard drive by the Site. Cookies also make the Site more convenient and easier to navigate for you, but they do not collect personal information. Cookies can be ‘session cookies’ (which are deleted when you close your browser) and/or ‘persistent cookies’ which remain on your computer for a longer period of time. Further detail on cookies is discussed below. You can disable or reject the use of cookies, by modifying the appropriate settings on your browser. Note that by doing so, however, you will likely not enjoy the full functionality of the Site.

Use, Disclosure and Protection of Personal Information

It is The Hills at Big Creek’s intention to obtain Personal Information only by fair and lawful means, and to use the Personal Information to service your needs and requests. The Hills at Big Creek will not process Personal Information in a manner incompatible with the purposes for which it was originally collected unless later authorized by the individual from whom the information was collection or unless allowed by law. We will not keep Personal Information longer than is necessary for the purposes for which it was originally gathered.

When do collect and process Personal Information about individuals, we will disclose certain information to those particular individuals on a reasonable and timely basis upon written request of the individuals from whom the Personal Information was collected. The disclosed information will include what Personal Information is being collected, who is collecting it, how and for what purposes it is being collected, how it is being us and to whom it is being disclosed. We will allow individuals reasonable access to their Personal Information to verify, correct or delete their data, where inaccurate.

We may also use Personal Information to process an order made through the Site, including shipping and returns of such order, and for organizing and submitting customer satisfaction reviews. We may also use such Personal Information to support marketing for our products and services and to enhance the content and use of our Site.

In order for The Hills at Big Creek to provide our products and services, we may need to share your Personal Information with other companies, agencies or contractors affiliated with The Hills at Big Creek. We will always seek to ensure that it is kept secure and only used in accordance with your instructions and agreed purpose.

Further, we may use and disclose Personal Information to the extent necessary to comply with laws, regulations, court orders, government agencies or investigations and similar legal instructions, to resolve disputes, and to protect The Hills at Big Creek rights and property.

Additionally, we may also contract with other third-parties to provide services, such as shipping, payment processing, contact verification, market research, and organization of promotions, or other subcontractors; however, we will provide these contractual parties only with the Personal Information necessary to perform the work for which they were contracted.

The Hills at Big Creek and its third-party providers may use cloud-based tools, and in such event, data might be processed in countries outside the United States. In such cases, The Hills at Big Creek and any such provider will agree to the necessary terms as required by law to protect Personal Information.

The Hills at Big Creek will process Personal Information only with consent and when such processing is permitted by applicable law. If The Hills at Big Creek needs to process Sensitive Personal Data, which is very rare, The Hills at Big Creek will obtain explicit consent for such processing, unless such processing is permitted by applicable law.

The Hills at Big Creek will not sell Personal Information to any third party and we will take commercially reasonable efforts to maintain the confidentiality of such information, in accordance with our contractual obligations as well as in compliance with those laws applicable in the states and countries in which we conduct business (and you should be aware that laws in all jurisdictions are not the same, and that some may have stricter requirements than others). Further, to protect your Personal Information from unauthorized access and use, The Hills at Big Creek maintains physical, electronic, and procedural safeguards, and requires those to whom we disclose Personal Information to do the same. We are committed to making sure that your Personal Information is accurate and up to date but it is your responsibility to let us know if your Personal Information is inaccurate or out of date and we can only make changes to your personal information if you notify us.

The Hills at Big Creek will retain your Personal Information only for so long as it is helpful to support the overall purpose for which we collected the information.

The Hills at Big Creek may use third-party service providers, such as Google Analytics, to help analyze how users use the Site. By visiting this web site you are agreeing to our use of cookies for these purposes. For example, services like Google Analytics collect information anonymously and reports website trends without identifying individual visitors. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally-identifying information. Google Analytics uses cookies to collect information such as how often users visit the Site, what pages are visited, and what other sites are used prior to coming to the Site. Although Google Analytics plants a persistent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used by anyone but Google ® . The Hills at Big Creek does not combine the information collected through the use of Google Analytics with other personally identifiable information. The Hills at Big Creek uses the information we get from Google Analytics only to improve our Site and Services. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Opting Out of Marketing Communications

Your Personal Information may be used to provide you with information regarding additional opportunities and information about The Hills at Big Creek products and services; and accordingly, by using the Site and providing such Personal Information, you consent to such use. However, to the extent required by law, we will provide mechanisms for opting out of mass marketing communications targeted by Personal Information we have collected or otherwise obtain consent in the manner required by applicable law. These mechanisms will normally be available on the relevant email or web site, but you may always notify us at the address specified below under “Contact Us”. Requests to opt-out of communications based on data controlled by third parties must be made through the third party. Notwithstanding the foregoing, there may be some jurisdictions requiring stricter opt-in versus opt-out mechanisms relating to these types of communications and we will comply with the applicable laws in such locations.

External Links; Public Social Media

This Site may provide links to other third party websites, including social media sites. These links are provided to you for your convenience only, and you access them at your own risk. Even if the third party is affiliated with The Hills at Big Creek, if you choose to use these links, The Hills at Big Creek is not responsible for the conditions or results of use, privacy policies or practices, or the content of such external links or the person or entity responsible for them. You should review the applicable terms of use and privacy policy provisions of such third party websites before using them.

Furthermore, any information you submit in a public forum or social marketing site that is publicly available (such as a chat room, public posting or blog, whether or not sponsored by The Hills at Big Creek) can be read, collected, or used by us as well as others, and could be used to personalize your experience. You are responsible for the information you choose to submit through these media, and although we attempt to monitor user-posted content, such user-posted material is not subject to this privacy statement. Use of any The Hills at Big Creek-related social media or marketing site may also be subject to additional policies and terms of use, which you should review before posting any such public information.

Amendments to this Privacy Policy

The Hills at Big Creek may amend this Policy at any time by posting a revised version on this Site, without providing prior notice to you. Any such amendment will be effective at the time it is posted unless a delayed effective date is expressly stated in the revised version. Your continued use of this Site after such changes have been posted will constitute your acceptance of the changes.

Enforceability

In the event any of the provisions of this Privacy Policy shall be held to be unenforceable, the remaining provisions shall be unimpaired, and the unenforceable provision shall be replaced by such enforceable term or provision as comes closest to the intention underlying the unenforceable term or provision. This Privacy Policy shall be subject to and do not alter any other agreements you have entered into with The Hills at Big Creek.

Applicable Law

This Site (excluding linked sites) is controlled by The Hills at Big Creek from its offices within the State of Missouri, United States of America. By accessing this Site, you agree that all matters relating to your use of this Site and the terms of this Privacy Policy shall be governed by the statutes and laws of the State of Missouri, and the federal laws of the U.S.A., without regard to the conflicts of laws principles thereof. The application of the United Nations Convention of Contracts for the International Sale of Goods, and the model Uniform Computer Information Transactions Act approved by the National Conference of Commissioners on Uniform State Laws (as enacted and/or modified into any state law in the U.S.A.), are expressly excluded and shall not apply.

Contact Us

If you have any questions about this Privacy Policy, please contact us.

Privacy Policy - California

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS and applies solely to visitors, users, and others who reside in the State of California (“customers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this notice.

Information We Collect

We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular customer or device (“personal information”). In particular, we have collected the following categories of personal information from customers within the last twelve (12) months:

  1. Internet or other similar network activity. Browsing history, search history, information on a customer’s interaction with a website, application, or advertisement.
  2. Identifiers exclusive to customers’ submission of forms or sign-ups located throughout the site. These identifiers are limited to name, company name, state, email address, and phone number.

Personal information does not include:

  • Publicly available information from government records.
  • De-identified or aggregated customer information.
  • Information excluded from the CCPA’s scope, like:
    • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
    • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

We obtain the categories of personal information listed above from the following categories of sources:

  • From documents that customers provide to us related to the products and services for which they engage us.
  • Through information we collect from customers in the course of providing products and services to them.
  • Directly and indirectly from activity on our website. For example, from submissions through our website or website usage details collected automatically.
  • From third-parties that interact with us in connection with the services we perform.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes:

  • To fulfill or meet the reason for which the information is provided. For example, if you provide us with personal information in order for us to prepare a tax return, we will use that information to prepare the return and submit it to the applicable taxing authorities.
  • To provide you with information, products, or services that you request from us.
  • To provide you with email alerts, event registrations, and other notices concerning our products or services, or events or news, that may be of interest to you.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collections.
  • To improve our website and present its contents to you.
  • For testing, research, analysis, and product development.
  • As necessary or appropriate to protect the rights, property or safety of us, our customers, or others.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred.

We will not collect additional categories of personal information or use the personal information we collect for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose.  When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business purpose:

  1. Internet or other similar network activity.
  2. Identifiers.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Our affiliates.
  • Service providers.
  • Third parties to whom you or your agents authorize us to disclose your personal information in connection with products or services we provide to you.

In the preceding twelve (12) months, we have not sold any personal information.

Your Rights and Choice

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
    • sales, identifying the personal information categories that each category of recipient purchased; and
    • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  3. Debug products to identify and repair errors that impair existing intended functionality.
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 ).
  6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  8. Comply with a legal obligation.
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, Deletion, and Opt-Out Rights

To exercise the access, portability, deletion, or opt-out rights described above, please submit a verifiable consumer request to us by either:

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person or an authorized representative of the person we collected personal information on.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.  Making a verifiable consumer request does not require you to create an account with us.  We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response and Timing Format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt.  If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.  If you have an account with us, we will deliver our written response to that account.  If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.  Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt.  The response we provide will also explain the reasons we cannot comply with a request, if applicable.  For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded.  If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us.