LINDA VISTA OF LAKEWAY, LLC PRIVACY POLICY

 

Effective date of policy: March 1, 2008

Scope and Application

Definitions

Linda Vista of Lakeway, LLC's Ten Privacy Principles


SCOPE AND APPLICATION

This Privacy Policy contains ten principles that are observed by Linda Vista of Lakeway, LLC regarding the collection, use and disclosure of personal information. Each principle must be read in conjunction with the accompanying commentary. The commentary in the Linda Vista of Lakeway, LLC Privacy Policy has been tailored to reflect personal information issues specific to Linda Vista of Lakeway, LLC.

The scope and application of the Linda Vista of Lakeway, LLC Privacy Policy are as follows:

The Policy applies to personal information about Linda Vista of Lakeway, LLC's customers and other individuals that is collected, used or disclosed by Linda Vista of Lakeway, LLC.

The Policy does not apply to information about Linda Vista of Lakeway, LLC's corporate customers; however, such information is protected by other Linda Vista of Lakeway, LLC policies and practices and through contractual arrangements.

The Policy does not apply to information about Linda Vista of Lakeway, LLC's employees; however, such information is protected by other Linda Vista of Lakeway, LLC policies and practices.

This Policy is subject to change, and may be supplemented or modified by additional terms applicable between Linda Vista of Lakeway, LLC and an individual.

DEFINITIONS

Collection - the act of gathering, acquiring, recording, or obtaining personal information.

Consent - voluntary agreement with the collection, use and disclosure of personal information for defined purposes. Consent can be either express, implied or deemed, and can be provided directly by the individual or by an authorized representative. Express consent can be given orally, electronically or in writing. Implied consent is consent that can reasonably be inferred from an individual's action or inaction. Deemed consent is consent that is deemed to be given pursuant to applicable legislation or other regulations.

Disclosure - making personal information available to a third party.

Personal information - information about an identifiable individual, but does not include aggregated information that cannot be associated with a specific individual. Personal information also excludes certain information as is excluded pursuant to applicable legislation or other regulations, such as publicly available information or business contact information, as and when applicable.


Third party - an individual or organization outside Linda Vista of Lakeway, LLC.

Use - the treatment, handling and management of personal information by and within an organization.

Principle 1 - Accountability

Linda Vista of Lakeway, LLC is responsible for personal information under its control and shall designate one or more persons who are accountable for Linda Vista of Lakeway, LLC's compliance with the following principles.

1.1 Linda Vista of Lakeway, LLC designates the Chief Privacy Officer as the person accountable for compliance with the Policy. From time to time, the Chief Privacy Officer is entitled to delegate day-to-day responsibility for administration of this Privacy Policy and related privacy policies and practices to other employees and consultants.

1.2 Linda Vista of Lakeway, LLC shall make known, upon request, the title of the person or persons designated to oversee Linda Vista of Lakeway, LLC's compliance with the Policy.

1.3 Linda Vista of Lakeway, LLC is responsible for personal information in its possession or under its control. Linda Vista of Lakeway, LLC shall use appropriate means to protect personal information while information is being processed by a third party on behalf of Linda Vista of Lakeway, LLC (see Principle 7).

1.4 Linda Vista of Lakeway, LLC shall implement policies and procedures to give effect to the Policy, including:

a) implementing procedures to protect personal information and to oversee Linda Vista of Lakeway, LLC's compliance with the Linda Vista of Lakeway, LLC Privacy Policy;

b) establishing procedures to receive and respond to inquiries or complaints;

c) training and communicating to staff about Linda Vista of Lakeway, LLC's policies and practices; and

d) developing public information to explain Linda Vista of Lakeway, LLC's policies and practices.

Principle 2 - Identifying Purposes for Collection of Personal Information

Linda Vista of Lakeway, LLC shall identify and document the purposes for which personal information is collected at or before the time the personal information is collected or, when appropriate, at or before the time the personal information is used for a new purpose.

2.1 Linda Vista of Lakeway, LLC collects personal information for the following purposes:

a) to establish and maintain a responsible commercial relationship with customers;

b) for purposes identified to individuals or purposes obvious to individuals, in respect of particular collections of personal information;

c) to meet legal and regulatory requirements;

d) to understand needs and preferences of individuals;

e) to develop, enhance, market and/or provide products and services;

f) to manage and develop Linda Vista of Lakeway, LLC's business and operations, including transfer of data among affiliated entities.

Further references to "identified purposes" mean the purposes identified in this Principle.

2.2 Linda Vista of Lakeway, LLC shall, as appropriate, specify orally, electronically or in writing the identified purposes to the individual at or before the time personal information is collected. Upon request, persons collecting personal information shall explain these identified purposes or refer the individual to a designated person within Linda Vista of Lakeway, LLC who shall explain the purposes.

Principle 3 - Consent

The knowledge and consent of an individual are generally required for the collection, use or disclosure of personal information. In certain circumstances personal information can be collected, used or disclosed without the knowledge and consent of the individual, such as in the case of an emergency where the life, health or security of an individual is threatened.

Linda Vista of Lakeway, LLC may disclose personal information without knowledge or consent to a lawyer or other advisor representing Linda Vista of Lakeway, LLC, to collect a debt, to comply with a subpoena, warrant or other court order, or as may be otherwise required or authorized by law.

3.1 In obtaining consent, Linda Vista of Lakeway, LLC shall use reasonable efforts to ensure that an individual is advised of the identified purposes for which personal information will be used or disclosed. Purposes shall be stated in a manner that can be reasonably understood by the individual.

3.2 Generally, Linda Vista of Lakeway, LLC shall seek consent to use and disclose personal information at the same time it collects the information. However, Linda Vista of Lakeway, LLC may seek consent to use and disclose personal information after it has been collected, but before it is used or disclosed for a new purpose.

3.3 Linda Vista of Lakeway, LLC will require individuals to consent to the collection, use or disclosure of personal information as a condition of the supply of a product or service only if such collection, use or disclosure is reasonably required to fulfill the identified purposes.

3.4 In determining the appropriate form of consent, Linda Vista of Lakeway, LLC shall take into account the sensitivity of the personal information and the reasonable expectations of an individual.

3.5 Where consent is required for a particular use or disclosure, an individual may withdraw consent at any time, subject to legal or contractual restrictions and reasonable notice. Individuals may contact Linda Vista of Lakeway, LLC for more information regarding the implications of withdrawing consent.

Principle 4 - Limiting Collection of Personal Information

Linda Vista of Lakeway, LLC shall limit the collection of personal information to that which is necessary for the purposes identified by Linda Vista of Lakeway, LLC and as permitted by law.

4.1 Linda Vista of Lakeway, LLC collects personal information primarily from the individual to whom the information relates.

4.2 Linda Vista of Lakeway, LLC may also collect personal information from other sources including credit bureaus or other third parties who represent that they have the right to disclose the information, or as otherwise permitted by law.

Principle 5 - Limiting Use, Disclosure and Retention of Personal Information

Linda Vista of Lakeway, LLC shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Linda Vista of Lakeway, LLC shall retain personal information only as long as necessary for the fulfillment of those purposes or as required or permitted by law.

5.1 Linda Vista of Lakeway, LLC may disclose an individual's personal information to:

a) a person who in the reasonable judgment of Linda Vista of Lakeway, LLC is seeking the information as an agent of the individual;

b) a company or individual employed by Linda Vista of Lakeway, LLC to perform functions on its behalf, such as but not limited to research or data processing;

c) another company or individual for the development, enhancement, marketing or provision of any of Linda Vista of Lakeway, LLC's products and services;

d) an agent used by Linda Vista of Lakeway, LLC to evaluate the individual's creditworthiness or to collect the individual's account;

e) a credit reporting agency;

f) a public authority or agent of a public authority, if in the reasonable judgment of Linda Vista of Lakeway, LLC, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information;

g) another entity as part of a merger, a sale of assets or all or part of a business, or any other corporate change or re-organization;

h) a third party or parties, where the individual consents to such disclosure or disclosure is required or permitted by law.

5.2 Only Linda Vista of Lakeway, LLC employees with a business need to know, or whose duties reasonably so require, are granted access to personal information about individuals.

5.3 Depending on the circumstances, where personal information has been used to make a decision about an individual, Linda Vista of Lakeway, LLC shall retain, for a reasonable period of time, either the actual information or the rationale for making the decision.

5.4 Linda Vista of Lakeway, LLC shall maintain reasonable and systematic controls, schedules and practices for information and records retention and destruction which apply to personal information that is no longer necessary or relevant for the identified purposes or required or permitted by law to be retained. Such information shall be destroyed, erased or made anonymous.

5.5 Where appropriate, Linda Vista of Lakeway, LLC may communicate updates of personal information to third parties.

5.6 Linda Vista of Lakeway, LLC may engage affiliates or third party service providers for the purpose of providing services or processing information on behalf of Linda Vista of Lakeway, LLC, and we may transfer or disclose personal information to such parties in connection with such purposes. Some divisions, affiliates or third party service providers may be located in other jurisdictions, and information in their custody (i) may or may not be subject to privacy legislation similar to that applicable to Linda Vista of Lakeway, LLC, and (ii) may be subject to laws applicable in such jurisdictions that permit access to such information by foreign governments or law enforcement agencies or by others.


Principle 6 - Accuracy

Linda Vista of Lakeway, LLC shall take steps to ensure that personal information is as accurate, complete and up-to-date as is appropriate for its purposes.

6.1 Personal information used by Linda Vista of Lakeway, LLC shall be sufficiently accurate, complete and up-to-date to minimize the possibility that inappropriate information may be used to make a decision about an individual.

6.2 Linda Vista of Lakeway, LLC shall take all reasonable steps to update personal information about individuals as and when reasonably necessary to fulfill the identified purposes or as reasonably requested by the individual.

Principle 7 - Security Safeguards

Linda Vista of Lakeway, LLC shall protect personal information by security safeguards appropriate to the sensitivity of the information.

7.1 Linda Vista of Lakeway, LLC shall take appropriate and reasonable steps to protect personal information against such risks as loss or theft, unauthorized access, disclosure, copying, use, modification or destruction.

7.2 Linda Vista of Lakeway, LLC shall take appropriate and reasonable steps to protect personal information disclosed to third parties, for example by contractual agreements stipulating the confidentiality of the information and the purposes for which it is to be used.

Principle 8 - Openness

Linda Vista of Lakeway, LLC shall make readily available to individuals specific information about its policies and practices relating to the management of personal information.

8.1 Copies of the Policy will be made available upon request.

8.2 Linda Vista of Lakeway, LLC shall make information about its policies and procedures easy to understand, including:

a) the title and addresses of the person or persons accountable for Linda Vista of Lakeway, LLC's compliance with the Policy and to whom inquiries or complaints can be forwarded;

b) the means of gaining access to personal information held by Linda Vista of Lakeway, LLC; and

c) a description of the type of personal information held by Linda Vista of Lakeway, LLC, including a general account of its use.

Principle 9 - Individual Access

Upon request, Linda Vista of Lakeway, LLC shall inform an individual of the existence, use and disclosure of his or her personal information, at a minimal or no cost to the individual. An individual shall be able to challenge the accuracy and completeness of the information and have it amended as appropriate.

9.1 In certain situations, Linda Vista of Lakeway, LLC may not be able to provide access to all the personal information that it holds about an individual. For example, Linda Vista of Lakeway, LLC may not provide access to information if doing so would likely reveal personal information about a third party or could reasonably be expected to threaten the life or security of an individual. Also, Linda Vista of Lakeway, LLC may not provide access to information if disclosure would reveal confidential commercial information, if the information is protected by solicitor-client privilege, if the information was generated in the course of a formal dispute resolution process, or if the information was collected in relation to the investigation of a breach of an agreement or a contravention of a law. If access to personal information cannot be provided, Linda Vista of Lakeway, LLC shall, upon request, provide the reasons for denying access.

9.2 In order to safeguard personal information, an individual may be required to provide sufficient identification information to permit Linda Vista of Lakeway, LLC to authorize access to the individual's file.

9.3 Individuals can seek access to their personal information by contacting the Privacy Office at Linda Vista of Lakeway, LLC.

9.4 Linda Vista of Lakeway, LLC will endeavor to respond to all requests within 30 days or, in any event, as required or permitted by applicable law.

Principle 10 - Handling Inquiries and Challenges

An individual shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for Linda Vista of Lakeway, LLC's compliance with the Policy.

10.1 Linda Vista of Lakeway, LLC shall maintain procedures for addressing and responding to all inquiries or complaints from individuals about Linda Vista of Lakeway, LLC's handling of personal information.

10.2 Linda Vista of Lakeway, LLC shall inform its customers about the existence of these procedures as well as the availability of complaint procedures.

10.3 The person or persons accountable for compliance with this Policy may seek external advice where appropriate before providing a final response to individual complaints.

If you have questions or concerns about our privacy policy or practices, or would like changes to the communications we send you, please contact our Privacy Office.

By email: privacy@madronecanyon.com

By phone: (512) 266-6667

By mail: Linda Vista of Lakeway, LLC.
1700 Buffalo Gap Rd., Austin, Texas 78734