Updated March 2025

This Privacy Policy, as may be amended from time to time (hereafter, “Privacy Policy”), discloses the privacy practices regarding all information ("Personal Information"), that K. Hovnanian Mortgage, LLC (“KHAM”, “us” or “we”), or those working on our behalf, gather from or about you either in person, via any websites, mobile applications, social media pages, written or typed questionnaires, electronic transmissions, short message services (“SMS”), facsimiles, telephonic communications, and about the services, software functionality, or materials (collectively, the “Sources“) that We collect.

We respect your privacy, and are committed to protecting it by complying with this Privacy Policy. We have designed this Privacy Policy to describe our information-gathering and dissemination practices. You consent and agree to this Privacy Policy and the Terms and Conditions of Use Agreement (“Terms” or “Agreement”) for our Website, which can be found here, when you access or use any Sources or communicate with us. This Privacy Policy is specifically incorporated by reference into the Terms, so it is important that You read and understand the Terms. Please read this Privacy Policy carefully to understand our policies and practices regarding Your information, and how we will collect, use, maintain, protect, disclose, when applicable, and dispose of Your Personal Information.

If You do not consent or agree to this Privacy Policy, please do not access or use our Website, any of our Sources or communicate with us, because a basis for our processing Your Personal Information is that You consent to this Privacy Policy. If You wish to withdraw Your consent, please follow the procedures set forth below.

Please note that we reserve the right to review and update this Privacy Policy from time to time. If we make any material changes to the Privacy Policy, we will notify You by displaying a general notice on certain Source(s) before any changes take effect. If You use the Website or any other Sources, or communicate with us after any such update, You will be deemed to have agreed to the updated Privacy Policy.

NOTICE OF ADDITIONAL DISCLOSURES

Additional privacy policies, specifically developed and maintained for residents of certain states are found within this Privacy Policy in the section entitled “YOUR STATE PRIVACY RIGHTS.” 

WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?

We collect various types of data from the Website. We collect certain personally identifiable information or "Personal Information" about you. We may collect this in a variety of ways as described below. This can include information collected by Cookies, or “Usage Information” as described below. Some of this information, such as what we collect using Cookies or “Usage Information,” is meant to help us improve the Website or Sources. Some other information that You provide us, such as your name and telephone number, may be used to help us follow up with or contact You. We only collect some other information if You use us for Your home mortgage.

In addition, we may also collect, aggregate, and share "Non-PII" which is information that is aggregated, anonymized, de-identified and is unable to be readily identified to or with You. This can also include some information that we collect using Cookies, or the “Usage Information” as defined below.

Some Personal Information is classified as "Sensitive Personal Information" or "SPI." This includes information such as Social Security numbers, login information, financial information, precise geolocation information, information on Your racial or ethnic origins, religious or philosophical beliefs, biometric or genetic information that can be used to identify You, or other personal information such as sexual orientation. SPI does not include, however, anything that You have posted online for the general public to see, or that is otherwise publicly available.

Types of Information That We Collect about You.

When You register for an account with or on the Website or any other Source(s), or purchase a home, product, or service from us, or contact us, or interact with us in any way, we may collect, or You may provide to us, the following information:

Personal Information

The types of information that KHAM collects may include, among other things, the following categories of information (collectively, “Personal Information”):

• contact information (e.g., Your first name, last name, title, physical address, zip code, phone number, email address);
• User name, password and security questions and answers;
• demographic information, such as Your date of birth and nationality, which allows us to verify Your identity and comply with federal law;
• Social Security number (SSN), driver’s license, passport, resident alien card, passport visa, and other government ID numbers and government documents;
• Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information;
• loan account information;
• bank account and credit/debit card numbers;
• whether You own or rent Your home;
• dependent information;
• divorce decree and property settlement information;
• IRS transcripts; and
• other Personal Information that You provide to us.

Usage Information

The types of usage information that KHAM collects may contain generic information about You when You visit, access, or use the Website or any other Sources, which may include, among other things, the following categories of information (collectively, “Usage Information”):

• browser language and type;
• domain name system requests;
• browsing history (such as, time spent at a domain, time and date of Your visit, links clicked on, search data and terms, user names, physical location) and number of clicks;
• http headers, application client and server banners, and operating system and fingerprinting data;
• aggregated information, including De-identified Data (as defined herein); and
• type of computer, mobile device or tablet You are using, Your MAC address, Your operating system and version, IP address, and Internet Service Provider (ISP).

How Information Is Collected

When You access certain of our Sources, we automatically collect Your computer or device’s IP address and other technical information about Your computer or device and website usage, including Your browser type and version, geographic information, time zone setting, and operating system and platform. We do this using various automated technologies that are used for tracking and to collect information from You and about You when You visit our website or interact with us online via the Sources. This includes Cookies, information from Your browser, information from our server, web beacons, pixel tags, clear GIFs and other means. In addition, during the normal course of our business, we may collect Personal Information and Usage Information about You from the following sources:

• directly - You may provide information to us online, or in person, for any number of reasons. For example, You may sign Your home purchase agreement over the Internet, request information about our homes or communities, submit a warranty request, respond to a survey or submit a job application. In such cases, we will collect the information that You provide, which may include information regarding Your home, Your name, telephone number, email address, physical address, name of Your present community or a KHAM community in which You are interested, or certain demographic information, such as Your age range, gender and areas of interest and, in the case of a job application, Your resume and SSN;
• service providers - we, like many businesses, sometimes hire other companies (“Service Providers“) to perform certain business-related functions. Examples include mailing information, maintaining databases, processing credit card transactions, and hosting services.
• information from third parties - we may collect or purchase information from third parties, including marketing companies. If You have responded to or interacted with third parties who share Your information with us, we collect the information the third party provides to us, including Your email address.
• social media. KHAM maintains profiles and pages on social media platforms including, Facebook^®, Twitter^®, Pinterest^®, YouTube^®, Instagram^® and others. We may collect the information that You post on social media platforms including Personal Information, pictures or other information. Information posted on any such pages is also subject to the privacy policies and terms of use of the respective social media platforms.
• applications or other forms we receive from You or Your authorized representative, which may include information about your assets and income and identifying information, such as name, address and SSN;
• Your communication to us (for example, an inquiry about a property, or a request to sign up for a mailing list or to receive updates from us);
• information we receive from you through the Sources and as a result of Your use of our Website or Sources;
• information we receive from Your computer or mobile device;
• information we receive from our affiliates, partners or service providers;
• information we receive from bank statements, lender approvals or W-9 forms;
• information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, from our affiliates or others, such as Your creditworthiness and credit history; and
• information we receive from other sources, as permitted by applicable laws, rules and regulations.

Cookies and Other Tracking Technologies That We Use

We and our Service Providers use Cookies, beacons, embedded scripts and local shared objects in connection with certain of the Sources.

• Cookies are small text files that are stored on Your computer or device when You visit for example a website. Cookies allow a website to recognize a particular device or browser. The use of cookies is a standard practice among websites to collect information about visitors’ activities.
• Beacons are small graphical images (also known as “pixel tags” or “clear GIFs”) that may be included on certain of our Sources and typically work in conjunction with cookies to identify users and user behavior.
• An embedded script is programming code that is designed to collect information about your interactions with certain of the Sources, such as the links you click on. The code is temporarily downloaded onto Your computer or device from our web server or a third-party service provider, is active while You are connected to the applicable Sources, and is deactivated or deleted thereafter.

These technologies are used in analyzing trends, administering certain of the Sources, services and products, tracking users’ movements around certain of the Sources, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies on an individual as well as aggregated basis.

We use cookies to remember users’ settings, market products and services to You, and for authentication purposes. To manage the cookies that are placed on Your computer, You may configure your internet browser to refuse, accept or delete cookies from our Sources at any time. The help portion of the toolbar 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. Please note that if You disable or remove Cookies,  not all features of our Website or certain of our Sources will operate as intended.

Do Not Track Signals

We do not monitor or identify “do not track signals” from Your devices. Such signals will not affect the operation of the Website or the Sources. Even if You are using a device that sends a "do not track signal," we may collect, use and share Personal Information consistent with this Privacy Policy. 

How We Use Information We Collect

KHAM will use and disclose the information we collect for any lawful purpose we deem appropriate. This includes, but is not limited to, assisting you in obtaining a loan; in connection with Your purchase of a KHAM home; to fulfill Your requests; to answer Your questions; to manage our business; to recruit and hire employees; to protect our interests; to comply with law enforcement; and, to support direct marketing and other opportunities of KHAM and third parties as described in this Privacy Policy. In this regard, we may contact You by email, postal mail, text message, social media, telephone or other means regarding our products, services, promotions and employment opportunities.

The information that we collect helps us to improve the Website and other Sources and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about Your preferences, allowing us to customize our website according to Your individual interests.
• Speed up Your searches.
• Recognize You when you return to our website.
• Identify individual preferences for marketing purposes.

We may transfer Your Personal Information to third parties, including our hosting partners and other trusted third parties who assist us in operating the Website. You can read more about this below in “When Information is Disclosed and to Whom.”

Unless otherwise required by law, KHAM will treat all information shared with us online as non-confidential and non-proprietary. KHAM will utilize such information in accordance with this Privacy Policy. If You use or visit the Website, submit any content to us, or post any content on our website or our social media pages or profiles, or otherwise interact with the Website or Sources, You agree to grant KHAM  an unlimited, non-exclusive, world-wide, non-revocable, perpetual license to reproduce, duplicate, transmit, display, publish, create derivative works, sublicense and otherwise use any such information for any lawful purpose whatsoever, including marketing. You further agree to hold us harmless for any reproduction, duplication, transmittal, display, publishing, creation of derivative works, sublicensing and other use of Your information for lawful purposes.

When Information Is Disclosed and to Whom

We may provide Your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Usage Information to various individuals and companies, as permitted by law, without obtaining Your prior authorization. Please see the section below titled “Choices with Your Personal Information” to learn how to limit the discretionary disclosure of Your Personal Information and Usage Information.

We may allow third-party web analytics providers and other third parties including our advertisers, email vendors, service providers, and other service companies to collect information, including Personal Information, about Your online activities, over time and across different web sites, when You use the Website. These third parties may use the technologies mentioned above and other technologies to track Your online behavior and to gather information about Your activities on the Website or certain Sources, and elsewhere on the internet, to provide You with relevant advertising based upon Your browsing activities and interests. This type of advertising is sometimes called interest-based advertising or targeted advertising. We may use these technologies to collect certain information about Your visits to the Website or other websites (including the types of information mentioned above).

We may also use third-party Service Providers (such as Google Analytics), that may use Cookies or other technologies to collect information about Your online activities across the Website and other sites over time for non-advertising purposes such as those described above. Those third-party tools may use data collection tools to compile reports and provide us with other services in connection with the Website. To learn more about how Google Analytics collects and processes data and the choices Google may offer to control these activities, please  visit http://www.google.com/intl/en/policies/privacy/partners/ .

We may disclose Your Personal Information to the following categories of affiliates and nonaffiliated third parties, unless prohibited by applicable law:

• Subcontractors and Service Providers Providing Services to KHAM and KHAM homeowners. If You are a KHAM homeowner or prospective homeowner, we share Your information, which may include Personal Information, with our subcontractors, service providers and developers of communities (for example, electricians, painters, land developers and telecom providers) in connection with Your purchase of a KHAM home and in response to Your warranty or customer service requests, and to provide services to You and our other homeowners. We may share Your information with service providers who perform services on our behalf, such as those service providers that perform technology services for us.
• KHAM Business Relationships. If You enter into a mortgage for a new home, we may share Your information, including Your Personal Information, with others and, unless You opt-out as described in the new home documentation, such sharing may be for direct marketing purposes.
• Other Third Parties. We may share Your information, including Your Personal Information, with other third parties, and, unless You opt-out, such sharing may be for direct marketing purposes.
• Legal Matters. We may share Your information, including Your Personal Information, with third parties, including law enforcement; in response to legal process; and, to investigate, prevent, or take action regarding illegal, suspicious or fraudulent activities involving the Website, our Sources, You, or us.
• Business Transactions. We may share Your information, including Your Personal Information, with potential buyers in the event of the sale or a proposed sale of a business unit or property or other business transaction.
• Storage. We share Your information, including Your Personal Information, with third parties for the purpose of helping us gather, store and maintain data.
• To third parties to provide You with services You have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure.
• To our subsidiaries and affiliates.
• To our outside marketing consultant.
• To nonaffiliated third-party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services.
• To law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order.
• To lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing on your new home.
• To other third parties for whom You have given us written authorization to disclose Your Personal Information.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of KHAM’s assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which person information held by KHAM about our users is among the assets transferred.
• To fulfill the purpose for which You provide the Personal Information to us.
• For any other purpose that we disclose to You when You provide the information.
• With Your consent.

We might disclose Personal Information and/or Usage Information when required by law or in the good-faith belief that such disclosure is necessary:

• To comply with a legal process or applicable laws.
• To enforce this Privacy Notice.
• To enforce or apply our Terms of Use and other agreements.
• To take precautions against liability and respond to any claim that any information that You provided to us violates the rights of a third party.
• To assist government enforcement agencies.
• To protect our rights, property, or the safety or the rights, property, or personal safety of our visitors and the public, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction, and, if required by law, disclosing information to U.S. federal and state governmental agencies.
• To investigate potential unauthorized access or misuse of the website.

We maintain reasonable safeguards to keep Your Personal Information secure. When we provide Personal Information to our affiliates or third-party service providers as discussed in this Privacy Notice, we require that these parties agree to process such information in compliance with our Privacy Policy, or in a manner that complies with applicable privacy laws. Any trusted business partner’s use of Your information is subject to that party’s own privacy policy. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without Your consent.

In addition to the other rights described herein, we have the right to exploit, share, and use, for any purpose, the collected Personal Information in an aggregated, anonymized form, such that You are not individually identified (collectively, “De-identified Data”). For example, aggregate data may include De-identified Data that describes the general demographics, usage or other characteristics of certain Website or Sources' users. We reserve the right to transfer or keep aggregate or group data about our Website or Sources' users for lawful or legitimate purposes, such as for the purposes described in this section.

We may allow You to create a user profile for use in connection with the Website or Sources (“Profile”).  When You open an account with us and create a Profile, we may obtain, verify and record information that identifies you, including Personal Information. We may be required to verify, record or share such information to help the government fight the funding of terrorism and money laundering activities.

As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution, total or partial sale of assets in bankruptcy or similar event, Personal Information may be part of the transferred assets. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above-described proceedings. We are not responsible for any breach of security or action by any of these third parties.

The Website or some of our Sources utilize framing techniques to serve content to You from third parties while preserving the look and feel of the Website or our Sources. When You interact with content from third parties displayed on any of our Sources, please be aware that You are providing your Personal Information to these third parties. Any information that You provide to third parties that use these framing techniques will be governed by the third parties’ respective privacy policies and terms and conditions.

We may disclose Your Personal Information that we disclose to You when you provide the information. We may also disclose Your Personal Information with Your permission or You direct us.

YOUR CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide You with choices regarding the personal information You provide to us. We have created mechanisms to provide You with the following control over Your information:

• To stop receiving newsletters or marketing communications from us or to opt out of having information, such as Your email address shared with third parties, please use the “unsubscribe” mechanism provided in the communication or send an e-mail to privacy@khov.com along with the information necessary for us to process Your request.
• Disclosure of Your Information for Third-Party Advertising. If You do not want us to share Your personal information with unaffiliated or non-agent third parties for promotional purposes, You can opt-out by checking the relevant box located on the form on which we collect Your data. You can also opt-out by sending us an email with Your request to privacy@khov.com.
• Promotional Offers from Us. If You do not wish for us to use Your contact information to promote our own or third parties' products or services, You can opt-out by checking the relevant box located on the form on which we collect Your data or by sending us an email stating Your request to privacy@khov.com. If we have sent You a promotional email, You may respond to that email by asking us to omit You from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.

We may also send You service-related email announcements on rare occasions when it is necessary to do so, including but not limited to, if our service is temporarily suspended. These emails are not promotional in nature. You cannot opt out from such emails.

We do not control third parties' collection or use of Your information to serve interest-based advertising. You can opt out of receiving targeted ads from members of the Network Advertising Initiative ("NAI") on the NAI's website. If You wish to not have this information collected and used for interest-based advertising, You may opt-out by clicking here; for third parties that participate in the TRUSTArc (formerly TRUSTe) opt-out tool. If You wish to opt-out from this type of advertising for companies that participate in the Digital Advertising Alliance (“DAA”), You can do so here.

Residents of certain states, including California, Texas and Virginia, may have additional personal information rights and choices. Please see the “YOUR STATE PRIVACY RIGHTS” section below, for more information.

Accessing, Correcting, Updating or Deleting Personal Information, and Deactivating Your Account

You may request to access, correct, update, or delete certain of Your Personal Information or deactivate Your account by emailing our Customer Support at privacy@khov.com with information necessary for us to process Your request, including Your state of residence, request type and last name in the email subject line. While we will make reasonable efforts to delete all of the Personal Information that You may request, in certain circumstances, we may be required to retain Your Personal Information, including, as required by law. Please see below regarding our retention policy.

Children Under The Age Of 18

Our Website and Sources are not intended for the use of children under the age of 18. No one under age 18 may provide any information to us on the Website or any of the Sources. We do not knowingly collect personal information from children under 18. If You are under 18, do not use the Website, or provide any information on the Website, register on the Website, or provide any information about yourself to us, including Your name, address, telephone number, email address, or any screen name or user name You may use. If You believe that we might have any information about a child under the age of 18, please contact us at privacy@khov.com so that we can remove it.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see the section entitled ”YOUR STATE PRIVACY RIGHTS” below, for more information.

YOUR PRIVACY OUTSIDE THE WEBSITE/SOURCES

The Website or Sources may now, or in the future, contain links to other websites or Sources. KHAM is not and cannot be responsible for the privacy practices or the content of any of those other sites. Please check with those websites in order to determine their privacy policies and Your rights under them.

We may use the services of third party service providers, for example to process payments and other transactions or to provide analytics services. By using our Website, You grant us all necessary rights and consents under applicable laws to disclose to the third party service providers –  and/or allow those third party service providers to collect, use, retain and disclose to us – any Personal Information for purposes of providing services to You, including data that we may collect directly from You using cookies or other similar means.

THIRD PARTY/SOCIAL MEDIA WIDGETS

Our Sources may include social media features, such as the Facebook “Like” button and widgets such as the “share this” button or interactive mini-programs that run on certain of our Sources. These features may collect Your IP address, which pages You are visiting on certain of our Sources, and may set a Cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on certain of our Sources. The privacy policies of the companies that provide these widgets will govern all interactions You have with these features.

SECURITY AND RETENTION

We take commercially reasonable steps to help protect your Personal Information from loss, misuse, unauthorized access, use, disclosure, alteration and destruction. However, no internet or electronic transmission is ever fully secure or error free. We do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK. If You believe that the security of any information or data that You have provided to us has been compromised, please immediately notify us of the problem by contacting us in accordance with the "Contacting Us" section below.

WE ARE NOT RESPONSIBLE FOR CIRCUMVENTION OF ANY PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE OR OUR SOURCES. Where we have given You (or where You have chosen) a password for access to certain parts of our Website, You are responsible for keeping this password confidential. You shall not share Your password with anyone.

LIMITATION OF LIABILITY REGARDING YOUR PERSONAL INFORMATION. IN ADDITION TO THE GENERAL LIMITATION OF LIABILITY SET FORTH IN THE TERMS INTO WHICH THIS PRIVACY POLICY IS INCORPORATED, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL KHAM BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, AND KHAM DISCLAIMS ANY AND ALL LIABILITY FOR, DAMAGES, LOSSES, CLAIMS, LIABILITIES, PENALTIES, COSTS, EXPENSES AND ATTORNEYS' FEES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT IN ANY WAY RELATE TO OR ARISE OUT OF (i) THE MISUSE, DISCLOSURE (EITHER VOLUNTARY DISCLOSURE BY KHAM, OR UNINTENTIONAL DISCLOSURE VIA A DATA OR SECURITY BREACH), ALTERATION OR DESTRUCTION OF YOUR PERSONAL INFORMATION; (ii) ANY BREACH OF SECURITY OR UNAUTHORIZED ACCESS OR USE OF PERSONAL INFORMATION; OR (iii) ANY TECHNICAL FAILURES OR PROBLEMS, ERRORS IN PERSONAL INFORMATION, INTERRUPTION IN OR TERMINATION OF THE OPERATION OF THE WEBSITE OR SOURCES, OR ANY RESULTS OF ANY SUCH FAILURES, PROBLEMS, OR ERRORS.

In addition, e-mail sent to or from our Website or any of our Sources may not be secure. You should take special care in deciding what information You send to us via e-mail. When you enter Personal Information on our order forms or login credentials (such as username and password) on our platform login, we encrypt the transmission of that information using secure socket layer technology (SSL).

We will store Your Personal Information in the United States. Our Website and Sources may not be available or appropriate for use in countries other than the United States. If You choose to access one of our Sources from a country other than the United States, You do so at your own risk and with the understanding that Personal Information may be collected, used, disclosed or stored in the United States. If You are accessing our Sources in a country other than the United States, You acknowledge that our Website and Sources are operated in the United States and that your Personal Information may be transferred to and processed in the United States, where the privacy laws may be different than those in the country from which You are accessing the Website and our Sources.

We may retain Your Personal Information, including for as long as your account is active or as needed to provide You services, comply with our legal obligations, resolve disputes or enforce our agreements or otherwise.

YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their Personal Information. This State Privacy Notice applies to “Consumers” as defined under state privacy laws, including those in California, Colorado, Connecticut, Delaware, Florida, Iowa, Maryland, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Utah and Virginia (collectively the “State Privacy Laws”). This Statement is a supplement to the Privacy Policy. If there are any conflicts between the Privacy Policy and this State Privacy Notice, this State Privacy Notice will prevail with respect to Consumers and their rights under applicable State Privacy Laws. The purpose of this State Privacy Notice is to provide You with notice of KHAM’s data practices and procedures with respect to the Website and Sources which are now in effect. This State Privacy Notice addresses our collection, use and disclosure of Consumers’ Personal Information, and/or personal data as defined under the applicable State Privacy Laws. Consumers’ rights with respect to their respective Personal Information under applicable State Privacy Laws, and how to contact KHAM in relation to KHAM’s practices and procedures that pertain to Personal Information. This State Privacy Notice does not apply to any data that is not treated as Personal Information under any State Privacy Law, or to the extent that any such data is subject to an exemption under applicable law.

Collection, Use and Disclosures of Personal Information.

We collect a variety of Personal Information in connection with our operation of the Website and our Sources, as well as from the Personal Information that You provide to us. We encourage you to review the section titled “WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?” in the Privacy Policy above to learn more about how we collect your Personal Information.

Specifically, using the methods described in “WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?,” we may have collected the following categories of Personal Information:

1. Identifiers such as Your real name, unique personal indentifier, online identifier, IP address, email address or other similar identifiers.
2. Internet or other electronic network activity information, including, but not limited to, information regarding a Consumer’s interaction with an internet website or advertisement.
3. Geolocation data, including information about a Consumer’s physical location collected from geolocation features on a Consumer’s device, including such Consumer’s IP address.

Please note: In addition to the categories of sources identified in the Section titled “WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?,” we may collect information about You from publicly available resources and third-party providers.

We encourage you to review the Section “WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?” to learn more about the various purposes for our collection of Consumers’ Personal Information.

Disclosure of Personal Information. We encourage you to review the Section “When Information Is Disclosed and to Whom” in the Privacy Policy above to learn more about how we disclose and share Your Personal Information with a variety of third parties for business purposes (subject to Your rights set forth in this State Privacy Notice).

In the last 12 months, we may have disclosed all of the Personal Information that we collect, and explained in the Privacy Policy to third parties for a business purpose. Notwithstanding anything to the contrary contained in this State Privacy Notice, we may work with certain third party advertising networks and other third party service providers to collect and disclose your Personal Information, which may be obtained through the methods we identified in the Section ““WHAT INFORMATION DO WE COLLECT ABOUT YOU AND WHY?” in the Privacy Policy above. We encourage you to review that Section of the Privacy Policy for more information on how third parties may collect and use certain information about You. Notwithstanding anything to the contrary here, KHAM may collect, use and disclose a Consumer’s Personal Information required by, or pursuant to, applicable law.

KHAM does not knowingly sell or share the Personal Information of Consumers who are under the age of 16.

Collection and Disclosure Implicating Sale, Sharing and Targeted Advertising. When a Consumer provides us with his or her Personal Information so that we can provide the Consumer with products and services, or facilitate the Consumer’s relationship with third parties that may provide products or services to that Consumer, this may, under certain State Privacy Laws, constitute a sale or sharing by KHAM.

When a Consumer provides us with his or her Personal Information for (A) targeted advertisements, (B) facilitating the Consumer’s relationship with third parties that may provide products or services to that Consumer, or (C) analysis of advertising and marketing initiatives, it may, under certain State Privacy Laws, constitute a sale or processing of the Consumer’s Personal Information for targeted advertising.

Personal Information and Data Retention. We encourage You to review the Section titled “SECURITY AND RETENTION” in the Privacy Policy above to learn more about our retention policies. If You submit to us a request that we delete Your Personal Information, KHAM will determine if there is any legitimate ongoing purpose to retain that Personal Information, and will respond to You with the results of our determination if we determine not to delete Your Personal Information.

Consumer Rights Requests.  The Consumer rights set forth in this Section are provided for certain Consumers who are residents of certain states, subject to those Consumers satisfying the requirements for a Verifiable Request (as we define that term here).

1. Submitting a Request. As applicable under certain State Privacy Laws, a Consumer’s request to KHAM is subject to our ability to identify that Consumer’s identity (a “Verifiable Request”).  Until the Consumer has provided us with sufficient information to verify his or her identity, and confirm that we collect that Consumer’s Personal Information, KHAM will not fulfill such request.  Except as otherwise expressly set forth in this State Privacy Notice, to submit a Consumer rights request, please email KHAM at: privacy@khov.com.
2. Verifying Your Request. When You submit a request to exercise Consumer rights available to You, please provide, at a minimum, Your name and email address.  We reserve the right to request additional information from You to confirm that You are the Consumer who made the request.  We will only use the additional information requested to review and comply with Your request.  KHAM will not complete certain “Right to Know”, “Right to Delete” or “Right to Correct” requests unless You provide sufficient information for us to verify Your identity.  We understand there are certain circumstances in which You might want to appoint an authorized agent to submit a request on Your behalf. We may require Your authorized agent to provide proof that You gave him or her signed permission to submit Your request. We may also require You to: (i) verify Your identity directly to us; and (ii) directly confirm with us that You provided Your authorized agent with the permission to submit Your request. Should You exercise Your right to “opt out” as described here, we may not be able to remove Your Personal Information from the databases of third parties or affiliates with whom we have already shared Your Personal Information before the date of Your request, if applicable.
3. Consumer Privacy Rights Under State Privacy Laws.
   1. Appeal Rights. Consumers who are residents of Colorado, Connecticut, Florida, Montana, Oregon, Texas and Virginia have the right to appeal our decision regarding a privacy request.  Those Consumers can exercise this right by responding to the correspondence that KHAM sends to that Consumer that contains our decision regarding the request.
   2. Right to Know (Items of PI). A Consumer has the right to know specific items of Personal Information that KHAM has collected about that Consumer and, with respect to a Consumer who is a California resident, specific items of Personal Information that KHAM has collected about that Consumer during the previous twelve (12)-month period.
   3. Right to Access/Know (Categories of PI). A Consumer who is a California resident has the right to request any or all of the following pertaining to such Consumer’s Personal Information that we collect, during the previous twelve (12)-month period: (A) categories of Personal Information that we have collected; (B) categories of sources from which the Personal Information is collected; (C) categories of Personal Information that we sold or disclosed for a business purpose about You, if applicable; (D) categories of third parties to whom we sold or disclosed the Personal Information for a business purpose, if applicable; and (E) the business or commercial purpose for collecting or selling Personal Information, if applicable.
   4. Right to Delete. Subject to certain legal and retention exceptions available to us, You have the right to request that we delete Your Personal Information that we have collected, and which at such time exists on our systems.
   5. Right to Correct. With the exception of Consumers in Iowa, certain Consumers in the states subject to State Privacy Laws, have the right to request that we correct any inaccuracies that such Consumer discovers with respect to the Consumer’s Personal Information that KHAM retains.
   6. Right to Non-Discrimination. KHAM will not discriminate against any Consumer if that Consumer decides to exercise the rights available to that Consumer under any applicable State Privacy Laws, or if such Consumer uses a Global Privacy Control.
   7. Right to Opt-out from Target Advertising or the Sale or Sharing of Personal Information. Under certain State Privacy Laws certain Consumers have the right to opt out of the sale and/or sharing of Personal Information and/or the use of Personal Information in connection with targeted advertising activities. A Consumer may submit to us an opt-out request by contacting us via email at: privacy@khov.com, provided, however, that if we collected the applicable Personal Information using Cookies, in addition to submitting a request via email, You will need to update your Cookie preferences on the Website and each browser and device that You used to access or use the Website or Sources.
4. Additional Privacy Notices For California Residents.
   1. Minors. The Website and Sources are intended to be utilized by adults over the age of 18; however, any Consumers who are residents of California and under the age of 18 can request removal of their Personal Information from the Website or Sources by contacting us via email at: privacy@khov.com.
   2. Shine the Light. California Civil Code Section 1798.83 permits Consumers who are California residents to request certain information regarding, and/or to opt-out of, our disclosure of their “personal information” (as defined in California’s “Shine the Light” law) to third parties for direct marketing purposes.  If applicable, such Consumers may have the right to receive the categories of the “personal information” that KHAM shared with third parties for their direct marketing purposes during the previous calendar year and the names and physical addresses of those third parties.  Consumers may make such a request by contacting the Company via email at privacy@khov.com and including in the subject line of such email “Shine The Light Request”.
5. Additional Privacy Notice for Nevada Residents. Nevada residents who are Consumers of KHAM’s Website or Sources have the right to submit to KHAM a Verified Request that we will not sell Your “covered information” (as that term is defined in Nevada Revised Statutes 603(A)). To submit a Verified Request, please contact us at privacy@khov.com.

KHAM does not sell Personal Information to any entity outside of our affiliated companies. However, You have the right to direct us to not sell or share Your Personal Information we have collected or will collect at any time (the "right to opt-out).  To exercise the right to opt-out, You (or your authorized representative) may submit a request to us by visiting the following Internet Web page link: https://www.khov.com/personal-information-dns-form.

Do Not Sell My Personal Information

Once You make an opt-out request, You may change Your mind and opt back in to Personal Information sales at any time by e-mailing KHAM at privacy@khov.com or by visiting our "Do Not Sell or Share My Personal Information" page here.  

You do not need to create an account with us to exercise your opt-out rights.  We will only use Personal Information provided in an opt-out request to review and comply with the request.

Exercising Access, Data Portability and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a Verifiable Request to us by either:

• Calling us at 1-833-678-0423
• Visiting www.khov.com 
• E-mailing us as privacy@khov.com
• Sending mail to us at:

K. Hovnanian American Mortgage, LLC
Attention: Corporate Legal Department
90 Matawan Rd, 5th Floor
Matawan, NJ 07747

Additional Disclosures

INTERNATIONAL NOTICE FOR RESIDENTS OF THE UNITED KINGDOM, EUROPEAN UNION, SWITZERLAND AND URUGUAY

Please read this in conjunction with the Privacy Policy if you access or use the Website from the United Kingdom (UK), a Member State of the European Union (EU), Switzerland, or Uruguay. This supplements the information in the Privacy Policy.

Data Controller. To the extent that KHAM is subject to the laws of the UK, EU, Switzerland or Uruguay, and without admitting any such country’s or region’s jurisdiction over us, when we process personal data (“Personal Data”), we are the “Data Controller” under such laws.

If you are using the Website, Sources, or our products or services from outside the United States, please be aware that your Personal Data may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Website and Sources, You consent to Your Personal Data being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

CONTACTING US

Our “Contact Us” page contains e-mail links that allow You to contact us directly with any questions or comments. If You have any questions about this Privacy Policy or our privacy practices, please feel free to contact us at privacy@khov.com or at:

K. Hovnanian American Mortgage, LLC
Attention: Corporate Legal Department
90 Matawan Rd, 5th Floor
Matawan, NJ 07747