Privacy Policy

Last Updated: December 18, 2023

Company Information

This Notice applies to all the above referenced entities (individually and collectively referred to as the “Company”) and Company website, technology platforms, mobile apps, software, systems and/or other service offerings (“Site”).

Acknowledgment

The Company (sometimes “we,” “us” or “our”) knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Notice and Cookie Policy (“Notice”) describes how we treat personal information. This includes on the Site where it is located, and information related to interest-based online advertising. It also applies to our information collection and tracking practices, correspondence with us, and other data related to specific services or transactions. Any capitalized terms not defined in this Notice are defined in Terms of Use and/or Services Agreement. This Notice applies to our customers and those who engage with our Site, including store customers, mailing list subscribers, website/platform/mobile app visitors and users, content viewers and downloaders, and for persons contacting us.

If you need any assistance with the Site, please contact Customer Service via email at cherryhillsboard@gmail.com.

PLEASE NOTE THAT THIS AGREEMENT CONTAINS THE FOLLOWING IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND CHOICES:

• OPT-IN AND OPT-OUT POLICY FOR RECEIVING COMMUNICATION FROM US VIA EMAIL, TEXT, OR PHONE CALLS
• BINDING INDIVIDUAL ARBITRATION FOR DATA SUBJECTS IN CERTAIN LOCATIONS THAT AFFECTS YOUR RIGHTS TO SUE UNDER THIS POLICY
• INFORMATION FOR RESIDENTS OF CALIFORNIA, COLORADO, CONNECTICUT, DELAWARE, INDIANA, IOWA, MONTANA, OREGON, TENNESSEE, TEXAS, UTAH AND VIRGINIA
• STANDARD CONSUMER RIGHTS AND REQUIREMENTS: INCLUDING BUT NOT LIMITED TO THE RIGHT TO ACCESS, DELETE, OPT-OUT, CORRECTION, COPIES, AND OTHER ITEMS

BY CLICKING ACCEPT, CHECKING AN ACCEPTANCE BOX, ACCESSING OUR Site, OR USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, HAVE UNDERSTOOD, AND AGREE TO BE BOUND BY THIS NOTICE AS IF YOU HAD SIGNED IT.

We collect information from and about you.

The information we learn from our customers helps us personalize and continually improve your experience. We receive and store any information you enter on the Site or give us in any other way.

Please Note the Following Regarding Information Submitted to Directly Third-Party Service Providers. As mentioned above, in certain instances your data is not controlled by us and instead is sent directly to third-party service providers, such as but not limited to [vendors utilized to provide the services you’ve ordered]. We employ these third-parties and individuals to perform functions on our behalf. Examples include processing payment, processing applications, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing credit card payments, and providing customer service. Such third-parties have access to personal information needed to perform their functions, and the privacy policies of each third-party should be evaluated by you. We do not take responsibility for these third-parties’ use of your data. A list of all such third parties will be made available to you upon request.

Automatically Collected Information. We receive and store certain types of information whenever you interact with us. For example, like many websites, we use “cookies” and we obtain certain types of information when your web browser accesses Company Site or advertisements. We may collect information about the browser you’re using. We might look at what site you came from, or what site you visit when you leave us. We may also look at clickstream data. We may combine this information with other information we collect from you. This includes anything we collect from third parties. If you use our mobile website, we may collect your GPS location and your unique device identifier.

Device Identifiable Information. We may collect information that does not identify you personally, but is linked to your computer or device (“Device Identifiable Information”). We collect Device Identifiable Information from you in the normal course of operating the Site. When you visit the Site to browse, read or download information, we automatically collect information about your computer that your browser sends, such as your IP address, browser type and language, access times, pages visited, and referring website addresses. We may use Device Identifiable Information we collect to analyze trends, help administer the Site, track the movement of visitors, to learn about and determine how much time visitors spend on each page of the Site, how visitors navigate throughout the Site and to gather broad demographic information for aggregate use.

We may also collect Device Identifiable Information through “cookies” or “web beacons” as explained below.

We may also collect information about your mobile device such as the type and model, operating system (e.g. iOS or Android), carrier name, mobile browser (e.g. Chrome, Safari), applications using the Site, and identifiers assigned to your device, such as its iOS Identifier for Advertising (IDFA), Android Advertising ID (AAID), or unique device identifier (a number uniquely given to your device by your device manufacturer), sometimes referred to as a mobile carrier ID.

We may also collect your location information, such as your zip code or the approximate geographic area provided by your internet service provider (ISP) or location positioning information provided by the location services and GPS features of your mobile device when location services have been enabled.

We collect information from you directly. We collect information directly from you. We receive and store any information you enter on our Site or give to us in any other way. For example, we collect information you choose to provide us when you sign up for our emails. We also collect information if you contact us.

We collect information from you passively. On our platforms, which include our Site, we collect information passively. We might also collect information passively in our emails or through our apps. We may also collect information passively in connection with third parties. For example: “cookies”, “Pixels” and “Web Beacons”.

“Cookies” are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features, such as on Company’s Site, personalized advertisements on other Site, and storage of items in your Orders or similar feature, or between visits. The ‘help’ feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Site of its manufacturer. Because cookies allow you to take advantage of some of the Company’s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Orders or similar feature, proceed to Checkout, or use any Company products and services that require you to sign in.

“Pixels” “Web Beacons” (also known as web bugs, pixel tags or clear .gifs) are tiny graphics with a unique identifier that may be included on our services for several purposes, including to deliver or communicate with cookies, to track and measure the performance of our services, to monitor how many visitors view our services, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages or in an e-mail.

Using Other Technologies. We may use cookies, web beacons, or other similar technologies to operate and provide you access to Site, applications, services, and tools, and using the technologies necessary to identify irregular site behavior, prevent fraudulent activity and improve security. Using these tools also allow you to make use of our functions such as shopping-carts, saved search, or similar functions. These tools allow us to assess the performance of the Site, applications, services, and tools, including as part of our analytic practices to help us understand how our visitors use the Site, to determine if you have interacted with our messaging, determine whether you have viewed an item or link, or to improve the Site’ content, applications, services, or tools. We have the ability to offer you enhanced functionality when accessing or using our Site, services, applications, or tools. This may include identifying you when you sign into our Site or keeping track of your specified preferences, interests, or past items viewed so that we may enhance the presentation of content on our Site.

How We Use Your Information. Information about our customers is an important part of our business, and we are not in the business of selling it to others. 

• We use information to administer our Services. For example, we use information to assist with targeted suggestions, tracking, determining engagement, communications with you, and to evaluate the products we offer.
• We use information to respond to your requests or questions. For example, we might use your information to respond to your questions about our services or offerings, for customer feedback, etc.
• We use information to communicate with you. We may send you emails, calendar invites, telephone or written reminders, and regular text messages you have consented to receive, such as promotional messages and messages.
• We use various tracking technologies. We, and other third parties we work with, use several common data collection technologies including cookies, pixel tags, and similar technologies. We collect personal information about users over time and across different Web Site when you use this Web site or service. We may also have third parties that collect personal information this way. We do this for many reasons, including to engage in interest-based advertising, to understand the activities and behaviors of customers and platform users, to recognize new and past visitors to the Site, to present more personalized content and offers, to improve the Site’ experience, optimize your customer experience, and provide site and service enhancements, to avoid repeatedly showing you the same advertisements or transaction related notifications, to serve customized advertising (whether on the Site or others you visit) and so we can better understand our audience, our customers, our visitors, and their respective interests. We work with third parties who provide us with certain web search services.
• We use information for security purposes. We may use information to protect our Company, our customers, and the Site.
• We use information to communicate with you about your account or our relationship. We may contact you about your account or feedback. We might also contact you about this Notice or the Site’s Terms.
• We will share information if we think we have to in order to comply with the law or to protect ourselves. We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Terms of Use and other agreements; or protect the rights, property, or safety of the Company, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Notice.
• We will share information with third parties who perform services on our behalf and affiliates. For example, we share information with vendors who send emails for us. 

Your Choice to Opt-In or Opt-Out (Subject to Jurisdiction Specific Opt-In or Opt-Out Information Below)

You have the choice to opt-in to or opt-out from receiving certain emails or text messages to the email address or mobile number you provide to us at any time. Please see below for ways to opt-in or opt-out of receiving certain communication from us.

General Opt-In.

If you have opted-in to receiving messages from us, you expressly acknowledge consent to receiving such messages to the email, phone number, and address you have provided us.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, confidential and proprietary. Except to the extent expressly covered by this Notice. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing services using such information.

General Opt Out

The Self-Regulatory Program for Online Behavioral Advertising program provides consumers with the ability to opt-out of having their online behavior recorded and used for advertising purposes. If you want to opt out, visit http://optout.aboutads.info/ . Your opt-out is both browser and device specific.

You can always choose not to provide information, even though it might be needed to take advantage of such Company features as Your Account and our general service offerings. In instances where the information is needed to complete a transaction or fulfill service offerings you request, these rights may not be available.

To stop receiving our emails, you may opt-out by one of the following methods:

• Emailing us at cherryhillsboard@gmail.com

You can request access to certain information. You may request access to the personal information we maintain about you or request that we correct, amend, delete or block the information by emailing us at cherryhillsboard@gmail.com. You may withdraw any consent you previously provided to us or object at any time on legitimate grounds to the processing of your personal information, and we will apply your preferences going forward.

You can control cookies and tracking tools. Your browser may give you the ability to control cookies, but it is dependent upon the type of cookie. Certain browsers can be set to reject browser cookies. Flash cookies cannot be controlled through your browser settings, so to control flash cookies, which we may use on certain websites from time to time, you can go here.

If you block cookies on your browser, certain features on our Site may not work. If you block or delete cookies, not all of the tracking activities we have described here will stop. Choices you make are both browser and device-specific.

You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone. You can also control these settings in our apps.

Our Site/Minors. Our Site are meant for people at least 18 years old. We do not knowingly collect personally identifiable information from children under 13 without permission from a parent or guardian. If you are a parent or legal guardian and think your child under 13 has given us information, you can email us at cherryhillsboard@gmail.com or you can write to us at the address listed at the end of this Notice. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children’s privacy on-line here: http://www.business.ftc.gov/privacy-and-security/childrens-privacy.

We store information in the United States. Information we maintain is stored within the United States. The Site is subject to U.S. laws.

We use standard security measures. We use reasonable measures to protect the information you share with us. This includes physical measures. It also includes technical and administrative measures. We use firewall encryption where appropriate. We may also use Secure Socket Layer encryption. Please remember that no data security measures are 100% secure all of the time. We keep personal information as long as it is necessary or relevant for the practices described in this Notice. We also keep information as otherwise required by law.

Our Site and Do Not Track Signals. Some browsers transmit Do Not Track (DNT) signals to websites. Due to the lack of a common interpretation of DNT signals throughout the industry, we do not currently alter, change, or respond to DNT requests or signals from these browsers. We will continue to monitor industry activity in this area and reassess our DNT practices as necessary.

We may link to other Site or have third party services on our Site we do not control. If you click on a link to a third-party site, you will be taken to websites we do not control. This Notice does not apply to the privacy practices of that website. Read the privacy policies of other websites carefully. We are not responsible for these third-party Site. Our Site may also serve third party content that contains their own cookies or tracking technologies. We do not control the use of those technologies. We also do not control the privacy practices of our affiliates. This includes their use of cookies and other tracking technologies.

How to Contact Us. If you have any questions or concerns about this Notice, you may contact us at:

Cherry Hills HOA
Attn: Privacy
P.O. Box 641803
Omaha, NE 68164-7803

Email: cherryhillsboard@gmail.com

Disclaimer, Limitation of Liability and Indemnity

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH COMPANY ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER COMPANY NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THE Site, OR ANY INFORMATION OR MATERIALS PROVIDED ON THE SITE. COMPANY IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE Site OR ANY MATERIALS ON THE SITE, OR WITH ANY OF COMPANY’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Site. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPANY, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD-PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THIS NOTICE.

Indemnification. You agree to indemnify and hold Company, its affiliates and their respective parents, subsidiaries officers, directors, employees, agents and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising in any way out of: (a) your participation in the Site, (b) any violation of this Notice by you, (c) the violation, infringement or misappropriation by you, or another using your account, of any intellectual property or other right of any person or entity, including, but not limited to, trademark, copyright, right of publicity and right of privacy, or (d) any pornographic, hate-related, threatening, libelous, obscene, harassing or otherwise objectionable or offensive material contained in any of your postings or other communications.

Terms and Conditions, Notices, Revisions.

If you choose to visit our Site, your visit and any dispute over the terms and conditions of the Site is subject to this Notice and our Terms and Conditions, including limitations on damages, resolution of disputes, and application of the law of the State of Nebraska to certain aspects. Our business changes constantly, as will our Notice and the Terms of Conditions. We may post a banner and a link on our main homepage at https://cherryhillsomaha.com notifying you of any material change so please check the Site frequently for such recent changes.

Except where prohibited, by visiting and using the Site, you agree that (1) any and all questions, controversies, claims and causes of action arising out of or connected with the construction, validity, interpretation, and enforceability of this Notice shall be brought in a court of competent jurisdiction located in Omaha, Nebraska, and shall be resolved individually, without resort to any form of class action or representative action, and you agree that you shall not seek to aggregate any claims with other individuals. (2) COMPANY’S LIABILITY ARISING IN CONNECTION WITH THIS NOTICE WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF $1.00 AND SHALL BE FURTHER LIMITED TO ACTUAL DAMAGES EQUAL TO OR LESS THAN SUCH AMOUNTS, RESPECTIVELY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, COMPANY SHALL NOT BE LIABLE FOR, AND YOU WAIVE ALL RIGHTS TO CLAIM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OR ATTORNEYS’ FEES ARISING OUT OF THIS USER GENERATED CONTENT POLICY, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED (EVEN IF YOU OR ANY OF YOUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND TO RECOVER OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, NOR SHALL AN ENTRANT BE ENTITLED TO RESCIND THIS AGREEMENT NOR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF; (3) you consent to collection of personal information; (4) you are granted a right to know what personal information has been collected upon request, including what is sold or disclosed, and to whom; (4) the right to opt out of any sale of personal information; (5) the right to deletion of any personal information; and (6) the right to non-discrimination with respect to any personal information.

Non-Waiver. The failure of us to insist upon performance of any of the terms and conditions of this Notice, or the waiver of any breach of, or the decision to not exercise any of its rights under, any of the terms or conditions of this Notice, shall not be construed as thereafter waiving any such terms and conditions, or any other terms and conditions of this Notice. Any waiver must be in writing and signed by us.

The failure of us to comply with this Notice because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of the Company, shall not be deemed a breach of this Notice.

Legal Basis for Data Processing. We process Personal Data for the purposes set out in this Notice, as described above. Our legal basis to process Personal Data includes processing that is: necessary for the performance of the contract between you and the Company; necessary to comply with legal requirements (for example, to comply with applicable accounting rules or to make mandatory disclosures to law enforcement); necessary for our legitimate interests (for example, to manage our relationship with you and to improve the website and our services); and, where legally required and we have no other valid legal basis to process Personal Data, we will use consent by our customers (for example, to provide you with marketing information or share information with third parties), which may subsequently be withdrawn at any time (by emailing cherryhillsboard@gmail.com without affecting the lawfulness of processing based on consent before its withdrawal. In some instances, you may be required to provide us with Personal Data for processing as described above, in order for us to be able to provide you all of our services, and for you to use all the features of the Site.

Content Uploader. We respect the intellectual property rights of third parties and respond to allegations that copyrighted material has been shared through our Site (“Platform”), without authorization from the copyright holder, in accordance with the safe harbor set forth in the Digital Millennium Copyright Act  (“DMCA”). We will also, in appropriate circumstances and at our discretion, disable and/or terminate the use of the Platform by users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.