LAST UPDTATED: FEBRUARY 23, 2021
DATA PRIVACY AND USE POLICY
McSweeny Recovery Acquisition, LLC (“McSweeny”) is dedicated to providing informative and useful information about its products and services through online, mobile, and other software and related sites and platforms, as well as any in-person, telephone, or other offline locations or through other aspects of McSweeny’s business, including, without limitation, on and through the website located at www.liveatgreenvalley.com (collectively, the “Sites”). As a part of the operation of the Sites, McSweeny gathers certain data about users.
This Data Privacy and Use Policy (“Policy”) applies to the Sites and governs data collection and usage at, on and through the Sites. Please read this Policy carefully. Each time you use, browse, or otherwise access any part of the Sites, you signify your acceptance of the then-current Policy, including, without limitation, the then current terms found elsewhere on the Sites. If you do not agree with this Policy, you are not authorized to access or otherwise use the website, mobile application, or any other part of the Sites.
Two types of data are collected: (a) personal data, such as names, company names, usernames, postal addresses, e-mail addresses, telephone numbers, occupation, dates of birth, age, gender, financial information, credit card information, bank account information, social security information, product and/or service preferences, photographs, and comments that can be used to uniquely identify or contact a single person (“Personal Data”); and (b) non-personal aggregate or traffic data, such as your IP address, which web pages or portions of the Sites you are visiting, the order in which the areas are visited, unique device identifier, time zone, which hyperlinks or functions are being “clicked”, how many users are visiting or accessing the Sites, vehicles sites viewed, domain server, location-based or real-time geographic location information, type of computer or device, and type of web browser (“Traffic Data” and together with Personal Data, the “Collected Data”).
COLLECTION AND USAGE
Personal Data is gathered when users provide or authorize Personal Data to or through the Sites, for example, when requesting information, participating in an online survey, inputting content into the Sites, verifying user credentials, purchasing products or services, allowing access to social media networks, or utilizing any other McSweeny product or service through the Sites. Personal Data is also gathered about others when users share content with family, friends, or other contacts, without limitation, the name, email address, phone number, and mailing address.
McSweeny may also receive information from third parties such as advertising and marketing partners, public databases, and social media platforms, to supplement the information we receive from users of the Sites. If we do so, this Policy governs how we can use that information.
Traffic Data is tracked and gathered when you and other users visit or access the Sites. While gathering Traffic Data may not collect Personal Data, it may provide information on the geographical location from which users access the Sites. Traffic Data generally does not identify individual users. Instead, the Traffic Data identifies Sites users as a whole, including demographic information, preferences in content and advertising, quality of service, and web and application traffic patterns.
McSweeny may, to the extent permitted by law, release and disclose the Collected Data to affiliated or contracted persons, associations, or other entities of whatsoever nature, including, without limitation, strategic alliances and advertising affiliated persons and/or entities (the “Related Parties”) or to any law enforcement agency, court, or other governmental authority to: (a) help McSweeny respond to your requests for information, goods or services and/or otherwise fulfill a user’s lawful request; (b) respond or otherwise comply with subpoenas, court orders, or other edicts of the law or legal process; (c) protect and defend McSweeny’s rights and property; or (d) to protect the personal safety of McSweeny’s users, McSweeny’s employees, or the public.
For instance, McSweeny may use your Personal Data as permitted by law, for the following business purposes:
- to respond to your inquiries and fulfill your requests
- send you information about McSweeny and its products, updates, services, important notices, special offers, and/or upcoming promotions
- send you advertising/promotional material about the Related Party’s products and services
- conduct surveys about your opinion of McSweeny, its staff, performance, products and services or the Sites
- verify your qualifications for certain promotions, special offers, products and services
- bill you for any products and services purchased through the Sites via a credit card, electronic, or other payment
- customize, improve, and/or tailor your experience on the Sites by displaying content that McSweeny thinks you might be interested in according to your preferences
McSweeny may also use Personal Data as McSweeny believes to be necessary or appropriate for certain essential purposes, including:
- to comply with applicable law and legal process
- to respond to requests from public and government authorities, including public and government authorities outside your country of residence
- to detect, prevent, or investigate potential security incidents or fraud
- to facilitate the functionality of our mobile applications and websites
- to provide important product safety information and notice of product recalls
- to enforce our terms and conditions
- to protect our operations or those of our affiliates
- to protect our rights, privacy, safety or property, security and/or that of our affiliates, you or others
- to allow us to pursue available remedies or limit the damages that we may sustain
McSweeny may, to the extent permitted by law, release and disclose the Collected Data to any persons, associations, or other entities of whatsoever nature not affiliated with McSweeny (the “Non-Affiliates”) for the purpose of facilitating your instructions, requests and/or registrations for products or services provided by McSweeny or the Non-Affiliates (including, without limitation, customer support, information technology support, credit card or other electronic payment processing and personal profile services) when the transfer of such Collected Data is necessary to provide you with such products or services. By selecting, instructing, requesting, reserving and/or registering for such products or services from McSweeny or the Non-Affiliates on or through the Sites, you consent to the release of your Collected Data to the Non-Affiliates. McSweeny shall use reasonable efforts to provide the Non-Affiliates access only to the Personal Data necessary to assist in responding to your instructions, requests, and/or registrations for such products or services and cause such Non-Affiliates to use your Personal Data for these limited purposes.
McSweeny may also disclose, release, transfer, sell, or otherwise convey any Collected Data to prospective or actual buyers, sellers or persons and/or entities related to such actions by McSweeny, including, without limitation, McSweeny may transfer information about you if McSweeny is acquired by or merge with, or otherwise sell any portion of McSweeny’s assets or equity to any other company.
You consent to any and all such conveyances of the Collected Data regardless of your location and your consent includes any and all such conveyances outside of your location, including, without limitation, in the United States and in other countries and territories.
DO NOT TRACK
Under certain circumstances, you have the rights under data protection laws in relation to your Personal Data. These include the right to:
- Know how your Personal Data is used.
- Request access to your Personal Data.
- Request correction of your Personal Data.
- Request erasure of your Personal Data.
- Object to processing of your Personal Data.
- Request restriction of processing your Personal Data.
- Request transfer of your Personal Data.
- Right to withdraw consent.
If you wish to exercise any of the rights set out above, please email us at firstname.lastname@example.org. We may need to request specific information from you to help us confirm your identity and ensure your right to access your Personal Data (or to exercise any of your other rights). This is a security measure to ensure that Personal Data is not disclosed to any person who has no right to receive it. We may also contact you to ask for further information in relation to your request to speed up our response.
From time to time, you may receive periodic mailings, telephone calls or e-mails from McSweeny with news or other information on McSweeny’s products and/or services. If at any time you wish to stop receiving emails or mailings from McSweeny please send us an email to email@example.com with the phrase “Privacy Opt-out: McSweeny” in the subject line, or write to us at
Raintree Investment Corp.
2753 Camino Capistrano A201
San Clemente, California 92672
, and we will remove you from McSweeny’s mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most e-mail messages from McSweeny.
In the event that McSweeny wishes to transfer or release your Personal Data to a third person in a manner not set forth in this Policy, McSweeny shall inform you prior to such transfer or release and provide you with the ability to opt out of such transfer or release of Personal Data. Please contact McSweeny at firstname.lastname@example.org if you have any questions as to how to opt out of any specific disclosures, or any marketing or other programs.
- WHAT IS A COOKIE AND WHY DOES MCSWEENY USE THEM?
Cookies are small pieces of text. They are provided by most websites and stored by your web browser on the computer, phone, or other device that you are using. Cookies serve many purposes. They can help a website remember your preferences, learn which areas of the website are useful and which areas need improvement, and provide you with targeted advertisements or personalized content. Sometimes, cookies are enabled when pixels are placed on a website. Pixels are also referred to as web beacons, clear gifs, and tags. They enable websites to read and place cookies.
First-party cookies and third-party cookies
Cookies can be first-party or third-party. A first-party cookie is one that you receive directly from McSweeny when visiting the Sites. A third-party cookie is one that you have received from another party, such as Google or Facebook. McSweeny does not control what third parties do on other sites. However, McSweeny may work with certain third-party providers such as Google or Facebook to permit their cookies to function through McSweeny’s Sites so McSweeny can learn more about your web experience the Sites and better personalize our services for you.
Persistent and session cookies
A persistent cookie is a cookie that is stored by the web browser on your device until it expires or you delete it. The expiration of a persistent cookie is determined by the creator of the cookie and can be upon a certain date or after a length of session time has passed. This means that, for the cookie’s entire lifespan, its information will be transmitted to the creator’s server every time the user visits the website that it belongs to or another website configured to check for that cookie (such as an advertisement placed on that website). For this reason, persistent cookies are also called “tracking cookies.”
A session cookie is created temporarily on your device for use by a website during your visit. This type of cookie may store information you enter and track your activity within the website. A session cookie is deleted after you leave the website or when the web browser is closed. A good example of a session cookie is the shopping cart on an e-commerce site. The session cookie stores the items that you add to your cart so they are not forgotten while you view products on other pages of the website. Using a session cookie, the items will all be in the cart when you go to the checkout page.
- HOW DO I MANAGE COOKIES?
Most web browsers let you choose whether to accept cookies. Most also let you delete cookies already set. The choices available, and the mechanism used, will vary from browser to browser. Such browser settings are typically found in the “options”, “tools” or “preferences” menu. You may also consult the browser’s “help” menu.
There are online tools available for clearing all cookies left behind by the websites you have visited, such as www.allaboutcookies.org. Usually, deletion of cookies will anonymize the information associated with the pixel and a website will not receive any further associated information.
- WHAT KIND OF COOKIES DOES MCSWEENY USE?
- Strictly Necessary Cookies: These are cookies without which you would not be able to use the Sites. For example, Strictly Necessary Cookies adjust the Sites data transmitted to match your Internet connection, get you to the secure versions of the Sites, and help provide services you specifically request. If you set your browser to block these cookies, some parts of the Sites will not work. Strictly Necessary Cookies do not store any Personal Data.
- Performance Cookies: McSweeny uses these cookies to count visits and traffic sources, to measure and improve Site performance. They help us to know which pages are the most and least popular and see how visitors move around the site. Performance Cookies do not store any Personal Data.
- Functional cookies: These cookies allow the Sites to remember choices you make and provide enhanced functionality and more personalized features. Depending on context, Functional Cookies may store certain types of Personal Data as needed to provide functionality.
- Targeting Cookies: Targeting cookies help us manage and display our advertisements, based on your activity on the Sites and other sites; this is known as interest-based advertising. Targeting cookies mainly rely on uniquely identifying your browser and internet device. Opting out of interest-based advertising does not mean you will no longer see advertising online, but it does mean that the companies from which you opt out will no longer show ads that have been tailored to your interests.
- Social Media Cookies: Social Media Cookies make social sharing easier for you, provide you with tools to connect with the Sites, and help McSweeny better understand both the audience for the Sites and the effectiveness of our social media outreach. These are third-party cookies. Your choices with respect to such cookies are determined by the social media platforms on which you have accounts.
LINKS TO THIRD-PARTY SITES
For example, chat rooms, forums, message boards, links to third party websites or mobile applications (including social media websites and mobile applications), and/or news groups may be available through the Sites. While McSweeny will only use and disclose the Collected Data as set forth herein, any information disclosed in these areas is or may be deemed public information and you must exercise caution and discretion when deciding to disclose personal and non-personal information.
Additionally, please keep in mind that if you directly disclose Personal Data or personally sensitive data through your home page, linked sites, or other public forums, this information may be collected and used by others. McSweeny encourages all users to review the privacy statements of websites and/or mobile applications you choose to link to from the Sites so that you understand how those third parties collect, use and share information about you and/or your electronic devices. McSweeny is not responsible for the data collection, data usage, privacy statements or content on other websites, applications or other solutions.
MEASURES TO SAFEGUARD CHILDREN
McSweeny’s products and services are not directed or intended for the use of children or users under the age of 18. McSweeny encourages parents and guardians to spend time with their children online and to be fully familiar with the websites and other software visited by their children. At various places on the Sites, McSweeny may ask users whether they are 18 years of age or older or of proper legal age. McSweeny relies on users to be truthful in responding to these questions. McSweeny does not knowingly collect or maintain personal information from children under 13 years of age. If McSweeny learns that personal information of a child under 13 years of age has been collected, McSweeny will take steps to delete the information as soon as possible. If you are under 18 years of age or the proper legal age, you are not allowed to use or access the Sites at any time or in any manner and any such use is unauthorized.
Except where required in accordance with law, law enforcement agency, court, or other governmental authority, McSweeny does not intentionally solicit Personal Data from individuals under 18 years of age. A parent or guardian whose child provided Personal Data to McSweeny without the parent’s or guardian’s consent should immediately notify McSweeny of such disclosure in writing to the contact provided below. McSweeny, upon receipt of such written notice, shall take reasonable measures to remove such disclosed information from McSweeny’s database and/or notify the appropriate authority.
McSweeny uses standard physical, technical and administrative measures designed to reduce the risk of loss, misuse, unauthorized access, disclosure or modification of your Personal Data. Unfortunately, no system or network can be guaranteed to be 100% secure. Although McSweeny has implemented security measures to help protect the Personal Data, the Personal Data may still be accessed, altered, disclosed and/or otherwise used in an unauthorized manner and as such, McSweeny cannot guarantee the security of your Personal Data from unauthorized access, alteration, disclosure and/or other impermissible uses and McSweeny is not responsible for such unauthorized access or other impermissible uses.
If you have reason to believe that your interaction with McSweeny is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us in accordance with the “Contacting Us” section below (note that physical mail notification will delay the time it takes for us to respond to the problem).
Shine the Light
California law permits customers of McSweeny who are California residents to request certain information regarding McSweeny’s disclosure of certain categories of Personal Data to third parties for their direct marketing purposes. To make such a request please contact us at email@example.com.
Notice of Financial Incentive
McSweeny does not generally assign monetary or other value to consumers’ Personal Data, and our promotions activity changes continually. To the extent California law requires that a value be assigned to such programs, or the price or service differences they involve, McSweeny values the Personal Data collected and used under each program as being equal to the value of the discounts or other financial incentives provided in each such program, based upon a practical and good-faith effort to assess on an aggregate basis for all collected information: (1) the type of Personal Data collected in each program (e.g., email address), (2) the use of such information by McSweeny in connection with its marketing activities, (3) the range of discounts provided (which can depend on each consumer’s purchases under such offers), (4) the number of individuals enrolled in respective programs, and (5) the products for which the benefits (such as price difference) can apply. These values can change over time. Note that this description is without waiver of any proprietary or business confidential information, including trade secrets, and it does not constitute any representation with regard to generally accepted accounting principles or financial accounting standards.
CHANGES TO THIS POLICY
McSweeny reserves the right to change or modify this Policy, including, without limitation, to reflect company and user feedback or changes in applicable law. Please revisit this Policy from time to time for changes and updates. If McSweeny refuses access to you, McSweeny may provide you with the reasons for such refusal upon request; provided, however, that McSweeny reserves the right to refuse to give a reason for such refusal, including, without limitation, where such information contains references to other individuals, such information cannot be disclosed for legal, security or commercial reasons, or the information is subject to attorney-client or litigation privilege. Your continued use of the Sites constitutes your consent to any and all such changes.
This Policy, the Sites, and any claim associated with, related to, or arising from the Policy and/or Sites are governed by the law of the State of Nevada within the United States. Any claim associated with, relating to or arising from this Policy or the Sites shall be brought in a federal or state court in the County of Clark, State of Nevada within one year after the claim arises. You hereby affirm your consent to the sole and exclusive jurisdiction of the courts located in the County of Clark, State of Nevada as the most convenient and appropriate forum for the resolution of disputes concerning this Policy or Sites. The Sites are controlled, operated and administered entirely within the United States. Use of the Sites from locations outside the United States where these practices are illegal or violate any law is prohibited.
SITES PROVIDED “AS IS” AND OTHER DISCLAIMERS
YOU AGREE THAT THE SITES AND ALL MCSWEENY PRODUCTS AND SERVICES ARE PROVIDED “AS IS.” MCSWEENY MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED AND DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, WHETHER OR NOT IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE MCSWEENY SERVICES, MCSWEENY PRODUCTS, SITES, OR ANY OF THE TRANSACTIONS REASONABLY CONTEMPLATED BY THE PARTIES PURSUANT TO THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS OF TITLE, NON INFRINGEMENT, MERCHANTABILITY, FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT MCSWEENY KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE, IN FACT, AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOMER USAGE IN THE TRADE OR BY COURSE OF DEALING
MCSWEENY AND MCSWEENY’S REPRESENTATIVES SHALL NOT BE LIABLE TO YOU (OR TO ANY PERSON CLAIMING ANY RIGHT, TITLE OR INTEREST DERIVED FROM OR AS SUCCESSOR TO YOUR RIGHT, TITLE AND INTEREST) WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHER LEGAL THEORY FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF BUSINESS, LOSS OR CORRUPTION OF CONTENT, INTERRUPTION OR COMPUTER FAILURE ARISING OUT OF THIS AGREEMENT, IRRESPECTIVE OF WHETHER THE PARTIES HAVE ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
Questions about this Policy should be directed to firstname.lastname@example.org or by writing to us at:
Raintree Investment Corp.
2753 Camino Capistrano A201
San Clemente, California 92672
Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence to McSweeny.