Privacy Policy

McDougal Companies’ Privacy Policy (May 1, 2010)

This Privacy Policy applies to McDougal Companies, McDougal Properties, LC., McDougal Construction, LC., McDougal Realtors, Inc., mcdougal.com, mcdougalproperties.com, mcdougalconstruction.com and mcdougalrealtors.com (collectively referred to herein as the “McDougal Companies” or “McDougal” or “we” or “sites” or “websites”.

Initial Legal & Jurisdictional Issues

Use of our sites signifies your agreement to the terms of use. Please read these terms of use carefully before using this site. By using these sites, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use these sites.

Unless otherwise specified, the information and materials in the sites are presented solely for the purpose of promoting programs, products and services of McDougal and its affiliates available in the United States, its territories, possessions, and protectorates. The sites are controlled and operated by McDougal from its offices in Lubbock, Texas. United States of America. McDougal makes no representation that materials in the sites are appropriate or available for use in other locations. Those who choose to access the sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

McDougal respects your privacy. Throughout our business, we will only collect, store and use your personal information for defined purposes. We use your information to support and enhance our relationship with you – to process your application, provide service and support, and share company news and offerings with you.

We do not sell your personal information. We only share your personal data outside the McDougal Companies (i) with your consent, (ii) as required by law, (iii) to protect McDougal, its customers, or the public, or (iv) with companies or persons that work with McDougal to fulfill its obligations with you. McDougal strives to share your information only with partners who commit to protecting your privacy and data. You may contact McDougal with any privacy questions or concerns you may have. You may ask at any time to see the data you have given us and request correction or deletion with limited exceptions.

Privacy and Data Security

At McDougal, your right to privacy and data security is a primary concern. That is why; when you visit our sites we want to help you maintain control over your personal data. We use these guidelines for protecting the information you provide us during a visit to any of our sites. These guidelines are applicable only to our domestic sites. Information submitted solely in a business capacity is not covered by these guidelines.

McDougal is committed to data security with respect to information collected on our sites. We offer the industry standard security measures available through your browser called SSL encryption. However, if at any time you need to give us personal information, but do not want to do so online, you may contact a McDougal Representative over the telephone or, in some cases, in person.

We only ask for specific types of personal information. In a few areas on our sites, we ask you to provide information that enables us to enhance your site visit, to assist you with support issues or to follow up with you after your visit. It is completely optional for you to participate. For example, we request information from you when you: submit an application through mcdougal.com, provide feedback in an online survey, participate in a promotional offer, request e-mail notification of your application status, subscribe to a newsletter or a mailing list, request assistance from our support staff, or make a support or service request. In each of the instances above, we may ask for your name, e-mail address, phone number, address, type of business, as well as other similar personal information that is needed to register or subscribe you to services or offers. In the case of newsletters or mailing lists, you will be able to “unsubscribe” to these mailings at any time.

McDougal only uses your personal information for specific purposes. The information you provide will be kept confidential. It will be used to support your customer relationship with McDougal. We want to help you quickly find information on our site and alert you to special offers, support information, and other updates from McDougal. Our employees, outside agents, and third-party contractors who have access to your personal information are required to keep the information confidential and not use it for any purpose other than carrying out the services they are performing for us. McDougal may enhance or merge your information collected at its site with data from third parties for purposes of marketing products or services to you. In addition, McDougal may be required to disclose personal information in connections with law enforcement, fraud prevention, regulation, and other legal action or if McDougal reasonably believes it is necessary to do so to protect McDougal, our customers or the public.

You can opt-out of receiving further marketing from McDougal. We may send you information about our various products and services, or other products and services we feel may interest you. Only McDougal (or our outside agents working under confidentiality agreements) will send you these direct mailings. We will not disclose your personal information to any outside organization for its use in marketing without your consent. Information regarding you (such as name, address and phone number) will not be given or sold to any outside organization for its use in marketing or solicitation without your consent. Your information may be shared with agents or contractors of McDougal for the purpose of performing services for McDougal.

Privacy for Personal Information of Rental Applicants and Residents

We are dedicated to protecting the privacy of your personal information, including your Social Security Number and other identifying or sensitive information. Our policy and procedures are designed to help ensure that your information is kept secure, and we work to follow all federal and state laws regarding the protection of your personal information. While no one can guarantee against identity theft or the misuse of personal information, protecting the information you provide us is a high priority to our company and staff. If you ever have concerns about this issue, please feel free to share them with us.

How personal information is collected. You will be asked to furnish some of your personal information when you apply to rent from us. This information will be on the rental application form or other document that you provide to us or to an apartment locator service, either on paper or electronically.

How and when information is used. We use this information only for our business purposes involved in leasing a dwelling to you. Examples of these uses include, but are not limited to, verifying statements made on your rental application (such as your rental, credit and employment history), reviewing your lease for renewal and enforcing your lease obligations (such as to obtain payment for money you may owe us in the future).

How the information is protected and who has access. We allow only authorized persons to have access to your personal information and we keep documents and electronic records containing this information in secured areas and systems.

How the information is disposed of. After we no longer need or are required to keep your personal information, we will store or destroy it in a manner designed to prevent unauthorized persons from accessing it. Our disposal methods will include shredding, destruction or obliteration of paper documents and destruction of electronic files.

Locator services. If you found us through a locator service, please be aware that locator services are independent contractors and are not our employees or agents – even though they may initially process rental applications and fill out lease forms. You should require any locator services you use to furnish you their own privacy policies.

Customized Experience

At McDougal, we may use “cookies” to help us deliver customized visitor experiences. Our use of cookies or similar technology does not automatically mean that we know any information about you. We use cookies only to provide you with a better experience on our sites. McDougal has no desire or intent to infringe on your privacy while using our sites.

Third-Party Sites. Understand that other websites, accessible through our site, may collect personally identifiable information about you. This Privacy Policy does not cover the information practices of third-party websites linked to our sites. McDougal is not responsible for the privacy practices of the sites that it does not operate.

You are solely responsible for maintaining the secrecy of your passwords or any account information – be careful and responsible while online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. In fact, you probably will. While we strive to protect your personal information, McDougal cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.

Other sites. Some parts of the site may be enhanced using downloadable applications such as Macromedia’s Shockwave/Flash, RealNetwork’s Media-Player, Windows Medial Player, or other similar applications, and using the video hosting services of third party sites. These sites operate under their own privacy and security policies, and we encourage you to research the way they may collect and use information by visiting their company sites.

Children’s Privacy (Age 12 and Under). McDougal does not seek to collect personal information about children. If we become aware that a child is submitting personal information to us through any part of our sites, we delete that information as soon as we discover it. We do not use it for any purpose and do not disclose it to third parties. As a result, we typically retain no information about children that could be reviewed or deleted. If a parent asks to review or delete information about their child before we discover and delete the information, then we will honor that request.

Disclaimer

The materials our sites are provided “as is” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, McDougal disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. McDougal does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that our sites or the server that makes it available are free of viruses or other harmful components. McDougal does not warrant or make any representations regarding the use or the results of the use of the materials in our sites in terms of their correctness, accuracy, reliability, or otherwise.

Limitation of Liability

Under no circumstances, including, but not limited to, negligence, shall McDougal be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in our sites, even if McDougal or a McDougal authorized representative has been advised of the possibility of such damages. In no event shall McDougal’s total liability to you for all damages, losses, and causes of action [whether in contract, tort (including, but not limited to, negligence) or otherwise] exceed the amount paid by you, if any, for accessing our sites.

Other

This agreement shall be governed by and constructed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

Contact McDougal

McDougal is the sole operator of the McDougal Web sites. If you would like to contact us for any reason regarding our privacy practices, please write us at the following address: 5001 W Loop 289, Lubbock, Texas, 79414.

For customers in the United States of America only.

©2010 McDougal Companies

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