PRIVACY POLICY AND TERMS & CONDITIONS

USE OF THIS WEBSITE,WWW.PERRYHOMES.COM, (THE "SITE") IS SUBJECT TO THE FOLLOWING TERMS OF USE, WHICH CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND PERRY HOMES, LLC and ITS PAST, PRESENT, AND FUTURE PREDECESSORS, SUCCESSORS, SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OWNERS, REPRESENTATIVES, ATTORNEYS, AGENTS, AND ASSIGNS ("PERRY HOMES"). BY USING THE SITE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE.

PRIVACY POLICY

This is the Data Privacy Policy (" Privacy Policy") of Perry Homes and its affiliate and subsidiary entities that it controls ("Company") ¹ . Company maintains a website and other applications (the "Sites") to provide our services and products to you. These Sites may ask for and collect your personal information in order to provide you with our services and products, enhance your experience and provide you with other information about our offerings. This Privacy Policy applies to activities Company engages in on its Sites and activities that are offline or unrelated to its Sites. This Privacy Policy is provided to explain our information practices and the choices you can make about the way your information is collected and used.

This Privacy Policy sets forth the principles that govern our treatment of personal information. Our employees and those with whom we share personal information are required to adhere to this Privacy Policy. This Privacy Policy applies to all personal information collected by Company relating to all customers, employees, suppliers and others that conduct business with us.

PERSONAL INFORMATION WE COLLECT AND USE

We may collect personal information from you in a variety of ways, including, but not limited to, on our Sites, through SMS text message, by email, by mail, at our physical locations and/or by telephone. The types of personal information that we collect from you will depend on how you interact with us using our Sites and products. For example, we may collect different information from you when you visit our Sites, or if you register to receive information, or if you purchase a home from our Company. Depending on how you interact with our Sites, we may have collected the following personal information from you within the past twelve (12) months:

• When you visit our Sites: We may collect your name, location, address, telephone number, email address, demographic data, Internet Protocol address, unique personal identifier and areas of interest;
• When you give feedback or ask questions: We may collect from you directly or from social media, your name, email address, account name, telephone number and feedback or opinions;
• When you enroll in, and use MyAccount: We may collect your name, location, address, telephone number, email address, account number, driver’s license or state ID number or other similar identifier, demographic data and areas of interest, contract information including purchase price, and earnest money payment;
• When you make a purchase of one of our products: We may collect your name, driver’s license or state ID number or other similar identifier, Social Security number, payment card number, expiration date and CVV from you utilizing a third-party application (e.g., Plaid.). To learn more about Plaid and its data policy, visit https://plaid.com/legal/#consumers;
• If you ask us to send you promotion and marketing information and special offers: We may collect your name, date of birth, email address, and phone number from you;
• When you participate in interactive sessions including chats and/or text messaging: We may collect your name, date of birth, email address, account number/name, phone number, and Internet Protocol (IP) address from you.

Automated Information.

Information regarding your use of our Sites may be collected and/or aggregated through the use of automated means. This automatically collected information may include information such as:

• Your IP address, the type of browser and operating system used;
• Date and time you access the site and pages you visit, and if you linked from or to another website, the address of those websites;
• Email you open and links you click on within those emails;
• Your ISP or mobile carrier, and the type of handheld or mobile device that you used; and
• Your behavior while using our site, including the time you spend on portions of the site and how you interact with various aspects of the site.

Data Technologies.

Various technologies are used to automatically collect information, such as cookies, local shared objects, and web beacons (generally referred to as “Data Technologies”). When we refer to Data Technologies, we are including all current and similar future technologies.

One or more Data Technologies may be used on the Sites. Data Technologies may be used by us and others, on our behalf to transmit information to you or about you.

Location Information.

When you use the Sites, we may collect physical location information that is sufficiently precise to allow us to locate a specific person or device (“Location Information”). We also may collect Location Information when you visit or are in the vicinity of one of our model homes. We may use Location Information and provide it to third parties to provide you with content and services that are relevant to a particular location, such as advertising, search results, communities in the area, and directions, to evaluate and improve the Sites, or to provide you with content and services relevant to one or more nearby communities.

Combined Information and Information from Other Sources

We may combine information that you provide to us with information we receive from our affiliates and other sources, as well as with other information that is automatically collected. The combined information may include information about your use of the Sites, your use of other websites, devices, and information from our affiliates and other sources. Your personal information will be shared only in accordance with this Privacy Policy.

We do not knowingly collect, release, or disclose any personal information from individuals under 18 years of age.

HOW WE MAY USE YOUR INFORMATION

Your privacy is important to us. We collect and use information we need to conduct our business, including providing you with the products and experiences you expect from the Company. When we collect and use your information, we take measures to ensure security and compliance with this Privacy Policy.

We use information we collect for any purposes consistent with our statements in this Privacy Policy, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, for the following purposes:

1. For everyday business purposes, such as establishing and managing your user account, providing products and services you request and/or the products or services of others to you (such as financing), processing and collecting payments, and providing customer support;
2. To communicate about, and administer your participation in, special events, programs, surveys, contests, and other offers or promotions;
3. To enable you to interact with the Company through various means, such as through text, chat, email, and MyAccount;
4. To evaluate and improve our business, including developing new products and services and analyzing the effectiveness of products, services, applications, and websites;
5. To provide to affiliates to allow them to market or advertise their products or services to you;
6. To diagnose and address technical and service problems;
7. To perform data analyses, including market and consumer research, trend analysis, demographic analysis, and financial analysis;
8. To deliver content (including advertising) correlating to your interests and browsing and usage history, both within the Sites and on other websites and applications;
9. To comply with applicable legal requirements and our policies; and
10. To contact you via telephone, text, or chat. We will obtain your consent to contact you when and, in the manner, required by law.

COOKIES AND SIMILAR TECHNOLOGIES

A "cookie" is a small text file that websites send to your computer or device other Internet-connected device to identify your browser or to store information or settings in the browser. A “web beacon”, also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

Our Sites use cookies, web beacons, java scripts, and similar technologies to automatically collect certain information about your activity relating to your visit to our Sites. These technologies collect your Internet Protocol (IP) address, network location, time/date stamp, referring site details, browser type, referring/exit pages, operating system, and/or clickstream data. We use this data to analyze trends, administer our Sites, track users’ movements through our Sites, and gather demographic information about our guests as a whole. We may receive reports based on these technologies on an aggregated basis.

Your Internet browser may let you restrict or disable certain types of cookies. Without cookies, you may not be able to use all the options on our Sites.

BEHAVIORAL TRACKING

We use third-party analytics services on our site, including Google Analytics. To learn more about Google Analytics, visit: https://policies.google.com/technologies/partner-sites.

Some web browsers allow you to turn on Do Not Track ("DNT"), which sends signals to websites you visit, telling those Sites that you do not want your online activities to be tracked. Our Sites currently are not designed to respond to DNT signals received from web browsers.

We may also use JavaScript to help our Sites, especially pictures, function better. You can turn JavaScript on or off in your browser functions, but if you turn it off, you may not be able to use all the options on our Sites.

Sometimes we use technology to collect the information that your browser uses to auto-fill. We use this to tell you if there is a mistake in registration or if the registration cannot be submitted. You can stop this technology by turning it off in your browser, and you will still be able to use all the options on our Sites.

HOW WE SHARE PERSONAL INFORMATION

We may share information about you to third parties as indicated below:

Affiliates/Subsidiaries: We may share your personal information with our affiliate companies and subsidiaries. If we share your information, we will share only the information that is necessary, and we will take reasonable steps to ensure that third parties who receive access to your personal information take prudent steps to protect and safeguard the share personal information.

Service Providers, Suppliers, Agents, and Business Partners: We may share your information with other companies contracted to provide services to us or on our behalf (e.g., maintenance, IT support analysis, development, security, treasury management). However, in all such cases, your personal information will only be shared for the express purposes of fulfilling or improving our products and services to you. Our contracted third-party service providers are prohibited from using your personal information for any other purpose without your expressed consent.

Third Party Payment Processors: Any payment information that you provide to Company for our products or services will only be used to facilitate payment for such products and services. All payment information including, but not limited to, payment card, bank account and routing numbers, is collected, used, stored and destroyed by a contracted third party. Company does not collect or store payment information in any form, nor do we have the ability to access your payment information.

Compliance with Legal Obligations: We may disclose certain information to auditors, government authorities, law enforcement, regulatory agencies, our legal counsel, third-party litigants and their counsel, other relevant third parties, such as Internet service providers, or other authorized individuals in order to comply with laws that apply to us, or other legal obligations such as contractual requirements. Your personal information may occur when disclosure is necessary or advisable, in our sole discretion, to conduct an investigation, respond to third party or law enforcement subpoena or court order, bring legal action; prevent harm to others or pursue other relief when you or a third party are or may be: (a) violating our terms of service; (b) causing injury or other harm to, or otherwise violating our property or other legal rights or those of other third parties; or (c) violating federal, state, local , or other applicable law. To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties in connection with a subpoena.

Changes in Business Structure/Ownership: We may disclose or transfer your personal information to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of Company’s business, assets, or ownership interest (including any bankruptcy or similar proceedings).

Information We Disclose for a Business Purpose: In addition to the purposes described in this policy, we may use personal information listed below for business purposes.

• To provide you with products and services. including customer service, processing orders or transactions, verifying consumer information, processing payments, we use the following categories of information: identifiers, personal information subject to Cal. Civ. Code §1798.80(e), protected classifications, and online activity.
• To improve our website. including responding to inquiries and improving functionality, we use the following categories of information: identifiers and online activity.
• To comply with your requests. including sending your information to third parties if you ask us to do so: identifiers, personal information subject to Cal. Civ. Code §1798.80(e), protected classifications, and online activity.

HOW WE PROTECT YOUR PERSONAL INFORMATION

We strive to take appropriate security measures to help safeguard your personal information from unauthorized access and disclosure. For example, only authorized employees are allowed to access personal information, and they may only access it for permitted business functions. We also use technology to protect your information upon receipt and/or sent, including encrypting sensitive personal information that is transferred to or from our systems.

While we cannot guarantee that loss, misuse, or alteration will never occur, we use reasonable efforts to prevent it. Please keep in mind that no method of storage or transmission over the Internet is completely secure, so your use of our services and provision of information to us is at your own risk.

Our Sites may contain links to other Sites on the Internet that are owned and operated by third parties. The information practices of those websites linked to our Sites are not covered by this Privacy Notice. We are not responsible for the privacy policies of other websites to which our Sites link.

CALIFORNIA PRIVACY NOTICE

Your Rights and Choices

For all personal information that we collect about you, you may have the following rights or choices that we will accommodate where your requests meet legal and regulatory requirements and do not risk making our other data less secure or changing our other data. You may also designate an authorized agent to make a request on your behalf.

Access, Erase: You may have the right to know what information is being collected about you, to access your personal information, to receive a copy of your information, and to know whether your personal information is disclosed, and to whom. You also may request that we erase your information. If you have questions about your information or want to ask us to erase your information, please contact us using the methods in the Contact Us section below.

Data Portability: If you would like to request that we provide a copy of your information to you, please contact us using the methods in the Contact Us section below.

Non-Discrimination: You have the right not to receive discriminatory treatment by the Company because you exercise your privacy rights. If you have any questions, please contact us using the methods in the Contact Us section below.

How to Make a Request: If you would like to make a request, please use the Contact Us section at the bottom of this page. Please provide your name, email address, and Real Rewards member number.

Responding to Requests: Your request will be evaluated to determine whether the requested change meets legal regulatory requirements and does not risk making our other data less secure or changing our other data.

Verifying Your Identity: To protect you and your information, we may ask you to confirm certain information before we honor your request. For example, if you make a request, we will ask you to confirm your name, email address, and/or Real Rewards member number to verify your identity, so that we can help protect your information. If you designate an authorized agent to make a request on your behalf, we may require you to verify your identity and provide the authorized agent’s identity and contact information to us.

Company provides notice of our privacy practices in this Privacy Policy. This Privacy Policy includes what personal information is collected, the source of the personal information, and the purposes of use, as well as whether Company discloses that personal information and if so, the categories of third parties to whom it is disclosed. More information about how company handles personal information in connection with specific Company services is presented in service-specific notices at or before your first use of the service and is available at all times in our Privacy Policy. To view a copy of the latest versions of the service-specific privacy notices and the California-specific disclosures, visit the California Consumer Privacy Act (CCPA)

• California consumers can exercise their rights directly or through an authorized agent by request to privacyinfo@perryhomes.com or by calling (844) 220-4453 (Toll-free). If we delete your personal information, your information will be permanently unrecoverable and/or de-identifiable.

CALIFORNIA PRIVACY RIGHTS REPORTING

CHANGES TO THIS POLICY

We reserve the right to modify or change this Privacy Notice at any time. When we make a material change to this Privacy Notice, we will inform you by posting a prominent notice on the home page of our website or changing the date on this page noting when the Privacy Notice was last updated.

THIRD-PARTY PRODUCTS AND SERVICES

For your convenience, we offer product and services that are provided by third parties (“Third-Party Products”). These Third-Party Products may collect and use information in ways that differ from those set out in this Policy. Please ensure that you visit the Third-Party Products’ website to determine how personal information collect is used by the third party.

CHILDREN AGE EIGHTEEN AND UNDER

Company’s Sites, products and services are not directed to persons 18 years of age and under. Company does not knowingly collect personally identifiable information from children under the age of 18.

CONTACT INFORMATION

ACCESS

Disabled consumers may access this notice in an alternative format by contacting us at Perry Homes, Attn: ADA Access, 3200 Southwest Fwy, Suite 2800, Houston, Texas 77027 or by email to adainfo@perryhomes.com or by telephone at (844) 220-2587 (Toll-free).

TERMS & CONDITIONS

TERMS OF USE

Following are the terms of a legal agreement between you and Perry Homes. If you do not agree to these terms, do not use the Site.

1. Restrictions. Perry Homes owns all material used on the Site. All information is provided solely for the personal, non-commercial use of users of the Site. All materials appearing on the Site (including but not limited to floor plans, designs, and elevations) are the creation of Perry Homes and are protected by all applicable copyright and trademark law or are used with the consent of the original owner or creator of the material. Nothing appearing on the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without Perry Homes' or the copyright owner's express, written permission. Perry Homes hereby grants its permission to display, copy, distribute, and download the materials on the Site for personal, non-commercial use only, provided the materials are not modified and that all copyright and other proprietary notices contained in the materials are retained. This permission terminates automatically if you violate any of these terms or conditions. Upon termination, you must immediately destroy all downloaded and printed materials. Any unauthorized use of any material in this site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

2. Limitation on Use and Liability. Perry Homes does not make any warranties or representations regarding the materials contained on the Site. As a user of the Site, you agree that you are not relying on any material contained on the Site; any reliance on your part is at your sole risk. Despite its efforts to provide accurate information on the Site, Perry Homes cannot ensure that all information is correct. Accordingly, Perry Homes intends the Site to be used for general reference only. No information on the Site is to be construed as an offer or solicitation of sale. In accordance with applicable laws, Perry Homes can offer to sell real estate only to those persons who visit its properties and only within the state where the property is located. Because the Site may contain inaccurate, incomplete, or out-of-date information at any time, you should consult with a Perry Homes sales professional for any information listed on the Site. Product information, including plans, promotions, pricing, and availability, is subject to change at any time, and there may be typographical errors or misstatements on the Site at any given time. Your sole exclusive remedy for any use of any materials or information provided on the Site shall be to cease accessing the Site and using the materials or information obtained therein. By using the Site, you agree that Perry Homes shall not be liable for any damages relating to any use of or reliance upon any material on the Site. You also agree that Perry Homes shall not be liable for any damage to your computer or other equipment or other property related to your use of access or your download of any material from the Site.

3. DISCLAIMER. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM, AND RELEASE PERRY HOMES, and ITS PAST, PRESENT, AND FUTURE PREDECESSORS, SUCCESSORS, SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, FORMER EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OWNERS, REPRESENTATIVES, ATTORNEYS, AGENTS, AND ASSIGNS FROM ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, AND CLAIMS FOR INTEREST, RELATED DIRECTLY OR INDIRECTLY TO OR ARISING FROM YOUR ACCESSING THE SITE OR THE USE OR NON-USE OR INABILITY TO USE ANY OF THE MATERIALS CONTAINED THEREIN, EVEN IF PERRY HOMES OR A PERRY HOMES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGE IS CAUSED IN WHOLE OR IN PART BY PERRY HOMES' GROSS NEGLIGENCE OR ITS NEGLIGENCE. WITHOUT LIMITING THE FOREGOING, ALL MATERIALS AND INFORMATION ON THE SITE ARE PROVIDED TO YOU "AS-IS" AND "WHERE-IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU WILL ASSUME THOSE COSTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE DISCLAIMER, LIMITATIONS, OR EXCLUSIONS, MAY NOT APPLY TO YOU. EXCEPT AS STATED HEREIN, USE OF THE SITE DOES NOT CREATE ANY CONTRACT, AGREEMENT, RIGHTS, OR LEGAL OBLIGATIONS BETWEEN YOU AND PERRY HOMES. YOU ALSO AGREE TO HOLD PERRY HOMES AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AND AGENTS, HARMLESS FROM ANY AND ALL CLAIMS AND COSTS (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF THE SITE, ANY FAILURE BY YOU TO ABIDE WITH THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

4. Internet Links. The Site contains links to other internet websites maintained by third parties. These links are not endorsements of any products or services contained in those sites, and no information in those sites has been endorsed or approved by Perry Homes. Accordingly, you agree that Perry Homes is not responsible for any content, product, or services provided on these other internet websites. Likewise, you agree that Perry Homes is not liable for the content, products, or services of other internet websites that link to the Site. Linking to the Site via framing or deep-linking is expressly prohibited. To the extent applicable, you are responsible for complying with all local laws regarding material obtained from the Site or other linked sites.

Links on the Site to other websites not owned by Perry Homes likely have their own terms, conditions, and privacy policy that may differ from that of Perry Homes. We do not have any control over, or responsibility for, the content or operation of these other websites. Each such website may collect information about you and your usage of that website and have information sharing policies that differ from those of Perry Homes. The use of such websites is at your own risk.

5. Governing Law. This Agreement will be governed by, construed by, and enforced in accordance with, and subject to, the laws of the State of Texas, except to the extent superseded or preempted by the laws of the United States of America. If any provision of this Agreement is deemed invalid, unlawful, unenforceable, or void, you and Perry Homes agree that the validity and enforceability of the remaining provisions shall remain in full force and effect. By using the Site, you agree to submit to the exclusive jurisdiction of the Texas state courts located in Harris County, Texas, or the United States District Court for the Southern District of Texas to resolve any disputes arising out of your use of the Site or any interaction with Perry Homes regarding the Site.

6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties thereto and their respective heirs, representatives, successors, and assigns.

7. Termination. This Agreement shall remain in force and effect until terminated by Perry Homes. In the event of termination of this Agreement, all restrictions imposed upon you herein, including all disclaimers, waivers, releases, and limitations of liability, shall survive.

8. Revisions. Perry Homes may from time to time revise this Agreement. By using this Site, you agree to be bound by any such revisions and should therefore, periodically visit this page to determine the then current Agreement and Terms of Use to which you are bound. Because of the frequency of updates and changes and the possibility of errors, nothing on the Site may be used as evidence in any legal proceeding, investigation, or arbitration without Perry Homes' express written consent. Perry Homes has the right to stop conduct on the Site that it deems offensive or that it determines to inhibit the ability of others to use the Site. Perry Homes has the right to take action, including immediate termination without notice, against any user who misuses the Site or fails to abide by this Agreement. If Perry Homes becomes aware of any unlawful activity on the Site, it reserves the right to notify appropriate authorities about such activity.

9. Equal Housing Opportunity. Perry Homes does not discriminate in housing on the basis of race, color, national origin, religion, sex, familial status, handicap, disability, sexual orientation, gender identity, or any other characteristic protected by federal, state or local law. Models/lifestyle photographs on the site do not reflect racial or ethnic preference.

10. Employment at Perry Homes. Perry Homes is an Equal Opportunity Employer who recruits, hires, and promotes employees and makes all employment decisions without regard to race, color, religion, sex, age, disability, national origin, citizenship, military commitment or service, genetic information, sexual orientation, gender identity, or any other characteristic protected by federal, state or local law. Nothing herein shall be construed as creating an offer of employment or a modification of any terms of employment of existing Perry Homes’ employees. All Perry Homes employees are at-will employees who may be terminated or who may resign at any time, with or without reason, with or without cause, and with or without notice.

11. Privacy Policy. The information we receive from you when you visit the Site depends on what you do when you visit the Site.

If you visit the Site to browse, read, or download information: We may collect and store the name of the domain and host from which you accessed the Site (e.g., google.com); the internet protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access the Site; the internet address of the website from which you accessed the Site, and your activity on the Site (“Web Analytics Information”).

We may also collect anonymous location, demographic and personal interest information about you (“Anonymous Information”). To understand the Anonymous information we may obtain about you, you may visit https://support.google.com/analytics/answer/2799357?hl=en. We may use third parties, such as Google Analytics, to collect Anonymous Information. To learn more about how Google collects and processes Anonymous Information and the choices Google may offer to control these activities, you may visit http://www.google.com/intl/en/policies/privacy/partners/. You can “opt-out” of our collection of Anonymous Information by installing the Google Analytics browser add on by visiting https://tools.google.com/dlpage/gaoptout.

Perry Homes collects Web Analytics Information and Anonymous Information to (1) optimize and/or customize future visits, (2) understand the size of our audience, (3) analyze the traffic patterns within the Site, (4) provide you with customized/targeted content and advertising, (5) conduct research to improve the Site services, and search engine optimization, (6) ask you to review your Perry Homes experience, and (7) to fulfill your requests for products and services. In some cases we may combine Web Analytics Information and Anonymous Information. Web Analytics Information and Anonymous Information may be shared with third parties that assist us with advertising, marketing, and operation of the Site. We may also provide Web Analytics Information and Anonymous Information to our employees, subsidiaries, affiliates, vendors, and other third parties.

We may use "cookies," which are small files sent to and stored on your computer in order to recognize your computer as a unique machine and to collect Web Analytics Information and Anonymous Information. Cookies are also utilized by Google to help serve ads it displays on websites using Google AdSense. Cookies will allow us to recognize you when you return to the Site. You can set your browser and utilize Ad Settings to warn you when a website attempts to place a "cookie" on your computer for both Web Analytics Information and Anonymous Information. Several options are also available to “opt-out” of Google AdSense by visiting https://support.google.com/adsense/answer/1348695?hl=en&ref_topic=1271507.

If you choose to identify yourself by sending us an e-mail or by entering information on a form appearing on the Site (“Personal Information”), we may contact you with information and promotional materials and offers from Perry Homes, as well as from our subsidiaries, affiliates, marketing partners, vendors, advertisers and other third parties. We may also provide Personal Information to a Perry Homes Outside Sales Professional in order that they may contact you and/or send you marketing and sales information related to Perry Homes’ properties.

Certain Outside Sales Professionals within Perry Homes may create their own databases or collections of Personal Information. We may also distribute or use Personal Information disclosed to us in a manner consistent with the purpose for which it is disclosed (e.g., customer service requests, live chat, and the like). In any event: Perry Homes may disclose or exchange Personal Information with third parties if we believe the law requires us to do so or in order to protect the rights of Perry Homes, our affiliates, subsidiaries, or our users. We are not responsible for any breaches of security or for any actions of third parties receiving any information gleaned from your visiting the Site. Perry Homes does not control what information is received when you access a website through an outside link and does not have any control over what information, if any, is gathered from your visiting any website other than the Site or what uses are made of such information.

12. INFORMATION FROM CHILDREN. This Site contains general information not directed towards children under the age of 18. Perry Homes complies with the Children’s Online Privacy Protection Act and does not permit registration by and does not knowingly collect personally identifiable information from children under the age of 13. Children under the age of 13 should not use this Site, and Perry Homes encourages parents to supervise their children while online.

13. VOID WHERE PROHIBITED. This Site is accessible by users throughout the world. Perry Homes’ products, services and offers may not be available in your state or community. The information on this Site is not an offer of products or services where Perry Homes is not doing business or where prohibited by law.

14. ENTIRE AGREEMENT. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by Perry Homes.

15. EFFECTIVE DATE. This privacy policy is effective as of December 5, 2016.

MOBILE MESSAGING PRIVACY POLICY

This Mobile Messaging Privacy Policy explains how Perry Homes collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Sakari, Inc. to provide the Messaging Service to you. For the purposes of the Messaging Service, Sakari, Inc. acts as our service provider and data processor of your information.

Collection of Information

We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.

We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages and reminders).

If you participate in a contest, research study, or survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.

Use of Information

We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.

Sharing of Information

We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:

• Service Providers. We may share your information with third parties to help us provide the Messaging Service to you.




• Legal Requirement and Protection of Service Providers and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.

From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.

Protection of Information

We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.

Retention of Information

We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.

Choices and Controls

Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review our Mobile Messaging Terms and Conditions.

Customer Care

If you are experiencing any issues with the Messaging Service, please visit https://www.perryhomes.com/contact-us/ and submit the help request form with details regarding your concerns. You may also request support by email to info@perryhomes.com or directly to our service provider at help@sakari.io.

General Privacy Policy

By signing up to receive text messages from us, you also agree to our general Privacy Policy.

MOBILE MESSAGING TERMS & CONDITIONS

You agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS and MMS) from Perry Homes, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.

Message frequency will vary. Perry Homes reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Perry Homes also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.

Not all mobile devices or handsets may be supported, and our messages may be undeliverable in all areas. Perry Homes, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You also agree to our general Terms and Conditions and Privacy Policy which are additional to and incorporated herein by reference.

We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Sprint, T-Mobile, and Verizon Wireless. Minor carriers: ACS Wireless, Advantage Cellular (DTC), AIO Jasper, Alaska Communications Systems (ACS), Alltel, Appalachian Wireless (EKN), ASTAC, Bandwith USA, Big River Broadband, Bluegrass Cellular, Boost Infinite, Boost Mobile, Bravado Wireless f/k/a Sprocket Wireless, Bristol Bay Cellular Partnership, Buffalo Wireless, Bug Tussel Wireless, Cablevision USA, Carolina West Wireless (CWW), CellCom USA, Cellular Network Partnership (PIONEER), Cellular One, Cellular One of East Central Illinois (ECIT), Cellular One of North East Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley, Chat Mobility USA, Choice Wireless, Cincinnati Bell Wireless, ClearTalk (Flat Wireless), Colorado Valley Communications, Commnet Wireless, Copper Valley Telecom, Coral Wireless (Mobi PCS), Cordova Wireless, COX, Cricket Wireless, Cross Telephone Company (MBO Wireless), Cspire, Custer Telephone Cooperative, DTC Wireless, Duet IP, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), Enhanced Telecommunication Corporation (ETC), Evolve Broadband, FTC Wireless, GCI Wireless, Gen Mobile, Golden State Cellular, Hawkeye (Chat Mobility), Google Voice, GoSmart Mobile, Hawkeye (NW Missouri), Illinois Valley Cellular (IV Cellular), Infrastructure Networks, Inland Cellular, iWireless (Iowa Wireless), Ketchikan Public Utilities, Keystone Wireless (Immix Wireless/PC Man), Leaco Rural Telephone, Limitless Mobile, Maximum Communications, Metro f/k/a MetroPCS, Mosaic (Consolidated or CTC Telecom), MTA Communications, MTPCS (Cellular One Nation), Nemont, New Core Wireless, Nex-Tech Wireless, Nextel, Net10 Wireless, Northern Pacific Wireless, NNTC Wireless, NorthwestCell, Northwest Missouri Cellular Limited, Ntelos, NVC, OTZ Cellular, Panhandle Telecommunications Systems (PTCI/PTSI), Peoples Wireless, Page Pluss Cellular, Pine Belt Wireless, Pine Cellular, Pioneer Cellular, Plateau (Texas RSA 3 Ltd), Redzone Wireless, Revol Wireless USA, RINA Wireless, Rock Wireless, RTC Communications, SafeLink, Sagebrush Cellular, Silver Star Communications, Simmetry Communications, SI Wireless (Mobile Nation), Simple Mobile, Snake River PCS, SRT, Standing Rock Telecom, Straight Talk, SouthernLinc, STRATA Networks, Tampnet, TelAlaska Cellular, Thumb Cellular, Ting Mobile, Total by Verizon, TracFone, Union Wireless, United Wireless, US Cellular, UTel Wireless, Viaero Wireless, Virgin USA, Visible by Verizon, VTel Wireless, Walmart Family Mobile, West Central Wireless (WCC or 5 Star Wireless), Westlink Communications, and WUE.

Cancellation

Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to (855) 228-9047 (Toll-free) to unsubscribe. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to (855) 228-9047 (Toll-free) you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Perry Homes and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Perry Homes through any other programs you have joined until you separately unsubscribe from those programs.

Help

Text the keyword HELP to (855) 228-9047 (Toll-free) to return customer care contact information.

Customer Care

If you are experiencing any issues, please visit https://www.perryhomes.com/contact-us/ and submit the help request form with details regarding your concerns. You may also request support by email to info@perryhomes.com or directly to our service provider at help@sakari.io.

Contact

This message program is a service of Perry Homes, located at 3200 Southwest Fwy, Suite 2800, Houston, Texas 77027.