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Privacy Policy


UPDATED: February 5, 2020


This Privacy Policy (“Policy”) explains how Wendell Falls (the "Community," "we," “our,” or “us”) developed by NASH Wendell Falls, LLC ("Developer") collects, uses, and shares Personal Information (as defined below) from and about visitors to the our website (the “Website”), visitors to our Community, our customers and prospective customers, and other individuals with whom we communicate.


The use of the terms “you” or “your” or “customer” or “consumer” or “participant” refer to you, a user of the Website, patron of our services, and others who may interact with us.


By using the Website or providing Personal Information to us in other ways, you agree that you have read and agree to the terms of this Privacy Policy.




Personal Information

The term "personal information" in this Privacy Policy refers to:

  • Information that directly identifies or is identifiable to you, such as your name, street or e‑mail address, and birthday information;
  • Information that may be identified with you indirectly, such as your device IP address, mobile device ID, geolocation data, and website usage data from cookies and other internet technologies; and
  • Other information associated with you, such as your interests, job, family, personal characteristics, and preferences.


This Privacy Policy does not restrict in any way our use or sharing of information that has been anonymized in a way that it no longer reasonably identifies or can be linked to you.


Categories and Specific Pieces of Personal Information

The chart below summarizes the categories and specific pieces of information we may have obtained about you during the past twelve (12) months, depending on the nature and scope of our interactions with you.


Categories of Personal Information Collected in Past 12 Months

Specific Pieces of Personal Information that may have been Collected in the Past 12 Months

Personal identifiers

Name, postal address, email address, and telephone number, if provided by customer or available from public or commercial sources.

Internet protocol address and online identifier obtained from Website usage data.

Consumer information

HUD statement including home purchase price.

Commercial information

Public real estate and lien records, transactions with other Newland communities, transaction contracts, and closing document information.

Internet and other electronic network activity

Forms completed online; data about browsing history and search history; interactions with Developer, the Website, other third-party websites, applications, and advertisements; and online chat history.

Customer or household demographic information

Profile of customer preferences, needs, and interests: geographic and community preferences; budget; reason and timeline for moving; and family composition and age ranges.

Geolocation data

General location derived from IP addresses, mobile device data, and online chat features.

Professional or employment-related

Job and position information including compensation



Sources of Personal Information

We obtain Personal Information from a range of source including (but not limited to) the following:

  • Information you submit online (including, but not limited to, filling out forms or requests on the Website, or sending an e-mail message)
  • Information you provide when you visit us or participate in our activities;
  • Information you provide when responding to our marketing focus groups, surveys, interviews, sweepstakes, and other promotions;
  • Information obtained from Newland, other Newland-developed communities, and companies affiliated with Developer. 
  • Home builders (“Home Builders”), realtors, and other companies that provide products and services to home buyers and individuals interested in home building and new community development (collectively, “Business Partners”);
  • Market research services;
  • Information provided by your friends and associate who submit your contact information; and
  • Public and commercial resources.

When you visit our Website, we automatically collect and store data using cookies and other internet technologies. These data include:

  • Identification—prior visits to the Website, and other personalized services.
  • Device—your IP address, mobile device identification, browser type, operating system, and other usage information from your visit to the Website.
  • Usage— browsing history, search history, and information regarding your interactions with our Website and other websites, applications, or advertisements.
  • Location information—your IP address or mobile device identification transmits general information about your geolocation and you may allow us to obtain more specific geolocation information.


Although the data collected this way may not specifically identify you, they can be combined with other information about your internet activities to identify your interests and preferences. For more information about these technologies, how they function, why we use them, and how you can restrict them, see the section below titled “How We Use Cookies and Other Internet Technologies.”


How We Use Personal Information

Our purposes in collecting Personal Information from you include:

  • Providing information and communicating with you about Community, such as: available product lines, phase releases, pricing, amenities, upgrades and enhancements, community events and other information we believe you may find of interest;
  • Scheduling visits to our Community;
  • Developing our Community by informing you about, and connecting you with, Home Builders and other Business Partners;
  • Facilitating real estate transfer and related transactions in connection with the purchase of home in our community;
  • Managing the Community and Community planning endeavors;
  • Sending you notices, promotions, solicitations, brochures, or other marketing materials regarding our Community that may be targeted to your interests, preferences, or demographics and notifying you if you are a winner of a promotional program;
  • Analyzing the performance and functioning of the Website and providing you with advertisements based on your interests;
  • Developing anonymized and aggregated data for our financial investors and for marketing research, and performance evaluation purposes; and
  • Preventing fraud, enforcing our Terms of Use and other agreements; and
  • Complying with applicable laws.


Why and with Whom We Share Personal Information

Information we collect, including any Personal Information, may be utilized and shared by us in any manner we deem reasonable and consistent with fair business practices and applicable law, including, but not limited to, the following categories of third parties:

  • Other Newland Communities and Affiliated Companies: We may share your Personal Information with Newland, other Newland communities and other affiliated companies to promote our goods or services or complete transactions, as is necessary to operate features on the Website, or as requested by you.
  • Home Builders: We work collaboratively with selected Home Builders to fulfill our vision for our Community. In the development and building process, we may share Personal Information about customers and prospective customers for marketing and community building purposes.
  • Service Providers: We employ third parties to perform administrative and technology functions on our behalf. Examples include: hosting the Website; providing customer service; sending promotional emails and other marketing services; and providing information technology support, data hosting and storage. These service providers may have access to Personal Information in order perform their functions, but they are not permitted to use Personal Information for their own business purposes.
  • Data Analytics Services: When you use the Website, data about you and your activities are collected and logged by Google Analytics and other third-party data analytics services using cookies and similar technologies. The data analytics providers may also use the aggregated data they collect on our Website for their own business purposes. You can learn about how Google collects and processes data at You can learn about the controls Google offers to manage the collection and use of your information at 
  • Third-Party Ad Serving: We use third parties to serve advertisements on the Website and on selected websites and mobile applications operated by others. These third parties may set their own cookies or similar web technologies to collect information about users' online and mobile device activities over time and across different websites.
  • Third-party Advertising Research: We may share aggregated Personal Information, such as demographics and online statistics, with advertisers, sponsors, and other organizations. When we share this type of information, we use commercially reasonable measures to remove information that identifies you individually.
  • Real Estate Professionals: We may offer incentive programs for real estate professionals and may share Personal Information to deliver any incentives, premiums, or prizes they may earn.
  • Legal Process and Security: We may disclose your Personal Information to third parties as we reasonably believe necessary to enforce our Terms of Use, respond to and resolve claims or complaints, prevent fraud and for other risk management purposes, and to comply with or respond to law enforcement or legal process or request for cooperation by a government entity.
  • Transactions: We may share your Personal Information as we believe is reasonably necessary in connection with business transactions, such as a transfer or sale of assets or equity to another entity, merger, or other reorganization.


How We Use Cookies and Other Internet Technologies

Website Analytics. We use non-affiliated web analytics service providers such as Google Analytics to analyze and report to us on usage of the Website. These services place a cookie on your computer that identifies you as a unique user of our Website and collect your computer IP address or mobile device identifier. We use the information obtained from these services to understand how our visitors use our Website, make improvements, and identify system performance or problem areas.

Personalized Advertising. We may use third-party vendors to serve online advertisements. These vendors may use information about your visits to our Website in order to provide advertisements to you about goods and services that may be of interest based on your online activities. In doing so, we, or these third-party vendors, may use cookies, tracking pixels, clear gifs, pixel tags, web beacons, or other technologies to track and collect data about you, including business demographic information and your internet browsing habits. We use this information for our own marketing purposes, including (but not limited to) creating online advertisements tailored to you.

Geolocation Marketing. We may work with third parties that use technologies such as geofencing and beacons to identify visitors to our Community, and serve information pertinent to that community. You can opt-out of location-based services at any time by editing the location settings on your device or by contacting us as explained under “How to Contact Us.” For additional information, see “How You Can Restrict Tracking Technologies and Personalized Advertising” below.


How to Restrict Internet Tracking Technologies and Personalized Advertising

You can restrict how cookies and other internet and mobile application technologies are used to track and log data about your visits to the Website and other internet usage (including location-based information) and to deliver personalized advertisements to you on our Website and third-party websites. These controls include:


If you restrict the use of cookies and other technologies, some of our online services cannot be fully utilized. If you chose to restrict personalized advertising, you will still receive ads, but they will not be personalized based on your browsing activity.


Do Not Track (DNT) is an optional browser setting that is used by some advertisers and other third-parties. Our Website does not respond to DNT signals.


How to Opt-Out of Marketing Communications

You may, at any time, choose to not receive communications from us by using the “unsubscribe” feature provided in our e-mail marketing messages or by "opting out" or “unsubscribing” from specific mailing lists and services by sending a written request to our Marketing Department by e-mail at:, or at the mailing address listed below under “Contact Us.”


If you unsubscribe from receiving promotional emails, you will still receive transaction-related and other communications that are not promotional or marketing in nature.


Retention and Protection of Personal Information

We generally retain your Personal Information according to legal and business requirements and for our long-term archives.


We maintain reasonable security procedures and practices appropriate to the nature of the Personal Information we collect. While the measures we implement are intended to reduce the likelihood of security problems, there is no certainty that our security measures will prevent unauthorized access to your Personal Information. In particular, we cannot and do not guarantee the confidentiality of any information that you disclose online and transmit to us electronically, and you understand that you do so at your own risk. It is not our intention to collect any credit card, financial or similar information on any visitors to our Website, nor will we ask for social security numbers, taxpayer identification numbers or any similar such information. If you are ever asked to provide such information when using our Website, it will not be from us and you are cautioned that such information should not be provided online under any circumstances other than using credit cards to purchase goods from secure websites which also can be subject to compromise.


Linking Social Network Accounts

You may sign into and associate your social network accounts, such as Facebook and lnstagram, with our Website.


By using this functionality, you give us permission to access all of the elements of your social network profile information that you have made available to be shared and to use it in accordance with the social network's terms of use and this Privacy Policy. Please refer to the privacy settings in your social network account for information about what data is shared with us and other connected applications and to manage the data that is shared through your account, including information about your activities using our sites.


If you would like to disconnect your social media account from us, you need to refer to the settings of that social media account and its provider.


Links to Other Websites

Our Website may provide links to other websites including the websites for individual Newland communities and websites owned and operated by unaffiliated third parties. These linked websites operate independently from our Website and will have their own privacy policies (unless otherwise posted on the linked website). If you visit any linked websites, we recommend that you review their privacy policies. We are not responsible for the content, your use, or the privacy practices of these linked websites.


International Visitors

Our Community is in the United States and we follow the information security and privacy laws of the United States and its individual states where we do business. We want you to understand that when you provide your Personal Information to us, or we obtain your Personal Information in other ways, your information will be processed in the United States, in accordance with this Privacy Policy, and subject to U.S. laws that may not have the same data protection laws as the country in which you reside. You agree to and acknowledge our collection, transfer, and processing of your Personal Information in accordance with this Privacy Policy.


Children’s Privacy

The contents of the Website are not intended for or to collect information from minors and is intended only for credit-worthy adults who are of the age of majority and are interested in purchasing real estate in our Community. By accessing and using the features available on our Website, you represent and warrant to us that you are eighteen (18) years of age or older. If you are a parent or guardian and you believe we have your child’s Personal Information without authorization, please contact us immediately. If we become aware that we have collected Personal Information from children without verification of appropriate consent, we will take appropriate steps to remove that information from our records.


How to Modify Your Personal Information

You may modify or update your Personal Information by sending an e-mail to our Customer Service Department at: Data management requests are administered in an orderly manner to the extent feasible and within our direct control and response times will vary depending on our workload and the number of requests.


Revisions to this Privacy Policy

We reserve the right to revise this Privacy Policy at any time without notice by updating this posting on our Website. You agree that your continued use of after such modifications have been made constitutes your acceptance of such revised Privacy Policy.


Contact Us

If you have questions regarding this Privacy Policy or privacy matters, or would like to be removed from our database, please contact us at:


Telephone: 858-455-7503
Postal mail:
     Marketing Department
     Wendell Falls
     4790 Eastgate Mall, Suite 150
     San Diego, California 92121



COPYRIGHT © NASH Wendell Falls, LLC. 2019 All rights reserved.