The following privacy policy (“Privacy Policy”) sets forth Jon McDonald Custom Homes LLC. (“Jon McDonald Custom Homes LLC.”) policy with respect to information, including personally identifiable data (“Personal Data”) and other information, Jon McDonald Custom Homes LLC. collects from visitors to the Jon McDonald Custom Homes LLC. website located at “www.jonnymachomes.com” (“Website”).

We respect your privacy and are committed to protecting it. The purpose of this Privacy Policy is to inform you what Personal Data we may collect and how it may be used. This statement only applies to this Website.  This Privacy Policy does not apply to information of any kind that we collect by means (including offline means) or from sources other than those specified herein. 

WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?

  • Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name, phone number or email address. For example, you may voluntarily submit information to the Website by submitting a contact form.  Personal Data may include, but is not limited to, your name, email address and phone number.

 

Our legal basis for processing this information is your consent, and by voluntarily providing us with Personal Data, you are consenting to our use of it in accordance with this Privacy Policy. If you provide Personal Data to us, you acknowledge and agree that such Personal Data may be transferred and stored from your current location to the offices and servers of Jon McDonald Custom Homes LLC. and the authorized third parties referenced below.

  • Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment. We do not control the data privacy or protection policies of third parties, and we are not responsible for the privacy practices of these third parties. Our legal basis for processing this information is our legitimate interests, namely monitoring and improving our services, and the legitimate interests of our customers.

 

  • Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked. 

 

  • Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.

 

HOW YOUR INFORMATION MAY BE USED

The Website may use the information collected in the following ways: 

  • To operate and maintain the Website; 

  • To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings; 

  • To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts; 

  • To respond to your comments or inquiries; 

  • To provide you with user support; 

  • To track and measure advertising on the Website; or,

  • To protect, investigate, and deter against unauthorized or illegal activity.

THIRD-PARTY USE OF PERSONAL INFORMATION

Jon McDonald Custom Homes LLC. may share your Personal Data with certain third parties as set forth below:

Third Party Vendors: We may share your information with third party vendors or service providers who help us provide the Services or the Website, including database hosting and data processing services, and assist us in responding to requests by you for information that you request.

Third Parties with Permission: We may share your information with third parties to whom you ask us to send your information.

Agents, Consultants, and Related Third Parties: Jon McDonald Custom Homes LLC., like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.

Legal Requirements: Jon McDonald Custom Homes LLC. may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity or in connection with our own investigation of suspected or actual illegal activity, in which case we may (and you hereby authorize us to) disclose information without subpoenas or warrants served on us, (ii) protect and defend the rights or property of Jon McDonald Custom Homes LLC., (iii) act in urgent circumstances to protect the personal safety of users of the Website or the public, (iv) protect against legal liability including to resolve disputes, investigate problems, or enforce our Customer contracts.

Except when required by law, Jon McDonald Custom Homes LLC. will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Jon McDonald Custom Homes LLC. may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

ANONYMOUS DATA

From time to time, Jon McDonald Custom Homes LLC. may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies. 

COOKIES

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein. 

Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.

ADVERTISING

Display Ads
We may use third-party advertising companies to serve content and advertisements when you visit the Website, which may use cookies. No personally identifiable information is shared with the Website’s ad providers.  If you would like more information about this practice and to know your choices to opt-in or opt-out of this data collection, please visit http://www.networkadvertising.org/managing/opt_out.asp.  

Retargeting Ads
From time to time, the Website may engage in remarketing efforts with third-party companies, such as Google, Facebook, or Instagram, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website. This means, after visiting the Website, you may see an ad for our services. However, your personally identifiable information is not used by any remarketing service other than to present you offers from Jon McDonald Custom Homes LLC..

RIGHTS RELATED TO YOUR PERSONAL INFORMATION

Under laws in certain countries in which we operate, customers and other visitors to our Website from those countries have a right to access Personal Data about themselves, and to amend, correct or delete Personal Data that is inaccurate, incomplete or outdated.  We will, upon request, provide you with confirmation regarding whether we are processing Personal Data about you, consistent with applicable law. In addition, upon your request, we will take reasonable steps to correct, amend, or delete your Personal Data that is found to be inaccurate, incomplete or processed in a manner non-compliant with this Privacy Policy or applicable law, except where the burden or expense of providing access would be disproportionate to the risks to your privacy, where the rights of persons other than you would be violated or where doing so is otherwise consistent with applicable law. Unless prohibited by applicable law, we reserve the right to charge a reasonable fee to cover costs for providing copies of Personal Data that you request. 

Please note that while any amendments, corrections or deletions will be reflected in active user databases (as updated with a reasonable period of time), we may retain all Personal Data for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable.

You authorize us to use and disclose any new or modified information that you provide in accordance with this Privacy Policy, and you agree that we are under no obligation to delete or modify information that you have previously chosen to provide us as to which you have not instructed us to take such action. Please remember, however, that if we have already disclosed some of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures.

We may retain your Personal Data to comply with laws, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our contracts, and take other actions otherwise permitted by law.

Opt-out – If you send us an email with questions or comments, we may use your personally identifiable information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we do not recommend that you send non-public personal information, such as passwords, social security numbers, or bank account information, to us by email. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications. You may also notify us at Jmacbuilder@gmail.com to be removed from our mailing list. 

Access – You can request access to the personal information we have about you by submitting a request to Jmacbuilder@gmail.com. 

Amend – You may contact us at Jmacbuilder@gmail.com to amend or update your personal information. 

Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to Jmacbuilder@gmail.com.

Please note that we may need to retain certain information for record keeping purposes or to complete transactions, or when required by law. 

SENSITIVE PERSONAL INFORMATION

At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy. 

LINKS TO OTHER WEBSITES

This Privacy Policy applies only to this Website. The Website may contain links to other websites not operated or controlled by Jon McDonald Custom Homes LLC. (the “Third-Party Sites”). The policies and procedures described here do not apply to the Third-Party Sites. The links from the Website do not imply that Jon McDonald Custom Homes LLC. endorses or has reviewed the Third-Party Sites. We suggest contacting those sites directly for information on their privacy policies.

OTHER TERMS AND CONDITIONS

Your access to and use of the Website may also be subject to any separate agreements or terms and conditions you have signed or agreed to with Jon McDonald Custom Homes LLC..  Please refer to those agreements as needed.

Regardless of any other provision in this Privacy Policy, we reserve the right to disclose any personally identifiable or non-personally identifiable information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. This includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.

Changes to Jon McDonald Custom Homes LLC. Privacy Policy

The Website may change from time to time. As a result, at times it may be necessary for Jon McDonald Custom Homes LLC. to make changes to this Privacy Policy. Jon McDonald Custom Homes LLC. reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. Your continued use of the Website after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

CHILDREN’S INFORMATION

The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at Jmacbuilder@gmail.com and we will use our best efforts to promptly remove such information from our records.

GENERAL DISCLAIMER

Jon McDonald Custom Homes LLC. has made every effort to ensure that all information on the Website has been tested for accuracy. Jon McDonald Custom Homes LLC. makes no guarantees regarding the results that you will see from using the information provided on the Website. 

Jon McDonald Custom Homes LLC. disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. Jon McDonald Custom Homes LLC. assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website. 

YOUR RESPONSIBILITY

The Website were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. Jon McDonald Custom Homes LLC. makes no representations, warranties or guarantees. You understand that results may vary from person to person. Jon McDonald Custom Homes LLC. assumes no responsibility for errors or omissions that may appear in the Website.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Jon McDonald Custom Homes LLC. or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission. 

TAKEDOWN REQUESTS

From time to time, the Website will publish posts with images from other third-party websites. Any such use is intended considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that is copyright infringement and falls outside of fair use, please send a request to Jmacbuilder@gmail.com and we will remove the image within 24 to 48 hours.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, Jon McDonald Custom Homes LLC. WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

INDEMNITY

You agree to defend, indemnify and hold Jon McDonald Custom Homes LLC., its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Jon McDonald Custom Homes LLC. suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the Texas. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in the state of Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. 

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. 

The Terms of Use may not be assigned by you without Jon McDonald Custom Homes LLC. prior written consent, however, the Terms of Use may be assigned by Jon McDonald Custom Homes LLC. in its sole discretion. 

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Jon McDonald Custom Homes LLC.. 

All notices with respect to the Terms of Use must be in writing and may be via email to Jmacbuilder@gmail.com for Jon McDonald Custom Homes LLC. and to your email address. 

Last updated: April 2, 2024