Privacy Policy

Kingfish Bay Development, LLC
www.Kingfishbaydevelopment.com

Introduction

Kingfish Bay Development, LLC (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website www.Kingfishbaydevelopment.com (our “Website“), the Company’s premises or when you correspond with a member of our team,  and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• on, or through this Website, including, without limitation through Facebook pixels, Google Tags, other web beacons, cookies or similar technology;
• in email, text, and other electronic messages between you and the Company or its personnel; 
• when you post, comment or message on, through or to any of our social media pages or profiles, including without limitation Facebook, Instagram, LinkedIn, X or You Tube; 
• when you provide reviews or complete surveys regarding Company, Kingfish Bay Owners Association (“KBOA”), Kingfish Bay Development or its personnel;
• when you click on any banners, links, ads or similar features;
• when you otherwise communicate with Company personnel or visit our premises, including, without limitation filling out a visitor or prospective buyer form; 
• when you provide details required for any home or lot purchase or construction agreement, ‘sufficient funds’ information, ‘selections’ information or any other information required to purchase or construct a home or lot or to close or complete any such purchase; and/or
• which you communicate to Company, KBOA or any of its or their affiliates or personnel.

It does not apply to information collected by:

• Any third party, including, without limitation, KBOA’s Management Company, or through any application, website, platform or content (including advertising) that may link to, or be accessible from or on the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website, to communicate or transact with Company, KBOA or its personnel, to visit Company’s premises or to post on our platforms, profiles or pages. By accessing or using this Website or doing any of the foregoing, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website, or through, or on any social page, profile or platform. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or on or through any of its features. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at:

7122 Beach Drive SW
Ocean Isle Beach, NC 28469

[email protected]

Attention: The Information Security Coordinator

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, or social media platforms, pages or profiles, advertisements, in communications or correspondence with Company or KBOA personnel, when posting, commenting or messaging through our social media platforms, pages or profiles, when clicking on our banner or other advertisements,  and when visiting Company premises, including information:

• by which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“);
• that is about you but individually does not identify you;
• about your internet connection, the equipment you use to access our Website or social media platforms, pages or profiles, and usage details;

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through the Website or social media, platforms, pages or profiles or click on any banner, or other advertisements. Information collected automatically may include usage details, IP addresses, and information collected through cookies, Google Tags, Facebook Pixels, other web beacons, and other tracking technologies; or
• from third parties, for example, our business partners, publications,  KBOA’s Management Company, credit reporting companies or agencies or your lenders or bank.

Information You Provide to Us.  

The information we collect on or through our Website, social media platforms, pages or profiles, or advertisements or when you otherwise communicate with Company or KBOA personnel or when you visit our premises may include:

• information that you provide by filling in forms, polls, surveys or answering questions on, or through our Website or social media platforms, profiles, pages. This includes information provided at the time of requesting services or making enquiries of  Company or Kingfish Bay Development. We may also ask you for information when you report a problem with our Website, or Company social media platforms, pages or profiles;
• your search queries on the Website;
• records and copies of your correspondence (including email addresses), if you contact us;
• forms you may fill out when visiting Company premises, including, without limitation, any forms completed as a prospective buyer; 
• information that may be captured by video cameras in Company sales centers, Kingfish Bay Development Clubhouses or elsewhere on Company or Kingfish Bay Development property;
• information that you provide for testimonials or complaints concerning Company, KBOA or their respective personnel or other representatives or contractors; 
• information that you provide for, or to qualify for any purchase or construction of any home or lot at Kingfish Bay Development, or required for the execution of any agreement or other document for, or relating to the purchase or construction or the performance,  closing or completion thereof, or for any selections or upgrades required for that purpose; and/or 
• your responses to surveys, reviews or testimonials that we might ask you to complete.

You also may submit information to be published or displayed (hereinafter, “posted“) on public areas of the Website, (if any) social media platforms, pages or profiles or transmitted to other users of the Website or third parties or submitted to Company (collectively, “User Contributions“). Your User Contributions are posted and transmitted to others at your own risk. Please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or social media platforms, pages or profiles. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Website, social media platforms, pages or profiles or advertisements we (or third parties) may use automatic data collection technologies to collect certain information about you, your equipment, browsing actions, and patterns, including:

• your location and preferences;
• details of your visits to our Website, social media platforms, or pages, profiles, advertisements or other websites, applications or platforms, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website, social media platforms, pages, advertisements or other websites, platforms or applications; and/or
• information about your computer, mobile phones, other hardware or endpoints, software and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically may include personal information. It helps us to improve our Website, social media platforms, pages or profiles, or advertisements and to deliver a better and more personalized service, including by enabling us to:

• estimate our audience size and usage patterns;
• retarget Company advertising to you;
• enhance our products and services;
• improve our marketing and sales;
• store information about your preferences, allowing us to customize our Website, social media platforms, pages or profiles and marketing according to your individual interests;
• speed up your searches;
• Recognize you when you return to our Website, social media platforms, pages or profiles.

The technologies we (or third parties) may use for this automatic data collection may include:

• cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer, mobile phone or other hardware or endpoint. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website, social media platforms, pages or profiles or advertisements or we may not be able to customize our content, service or product offerings or advertisements.. Unless you have adjusted your browser setting so that it will refuse cookies, cookies may be issued when you direct your browser to our Website;
• Flash Cookies. Certain features of our Website, social media platforms, pages or profiles or advertisements may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website, social media platforms, pages or profiles or advertisements. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
• Web Beacons. Pages of our Website and our emails, social media platforms, pages or profiles may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs, including, without limitation, Google Tags and Facebook pixels) that permit the Company (or third parties), for example, to analyze user activity on the website, social media platforms, pages or profiles or when opening an email or clicking on a link in it, to aggregate or discern user demographics or preferences, to send retargeted marketing or to activate or run ‘drip’ reply or marketing campaigns.

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website, social media platforms, or pages or other websites are served by third parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website, social media platforms, or pages or other websites. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted or retargeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

• to present our Website, social media platforms, pages or profiles and their contents to you;
• to improve our marketing and the sale of our products or services;
• to provide you with information, products, or services that you request from us;
• to provide you with notices, updates and emails about our Website, social media platforms, profiles or pages, our business, products or services, including, without limitation, any email drip or target  or retargeting marketing campaigns;
• to provide for the sale, purchase or construction of lots or homes at Kingfish Bay Development, and for the execution, performance or closing of contracts relating thereto, including, without limitation qualifying you as a buyer or prospective buyer and any selections  or upgrades you may wish to purchase; 
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to provide KBOA, our partners and contractors with information about you in order for them to fulfill their services to us or you or to manage or maintain Kingfish Bay Development. This includes KBOA’s management company and Company’s sub-contractors. 
• to notify you about changes to our Website or any products or services we offer or provide though it;
• to allow you to participate in interactive features on our Website, social media platforms, pages or profiles.
• in any other way we may describe when you provide the information;
• to fulfill any other purpose for which you provide it;
• in any other way or for any other purpose not referenced in this privacy policy for which you may consent. 

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. However, we do not disclose your personal information to third parties without your consent. 

We may use the information we have collected from you to enable us to display advertisements to our (third party) advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose or share aggregated information about our users, customers or prospective customers (including, but not limited to homeowners, residents, buyers or prospective buyers) and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• to our subsidiaries and affiliates, KBOA and KBOA’s management company;
• to contractors, service providers, professional advisors and other third parties we use to support our business or KBOA’s operations;
• to your lenders, other finance providers or to credit reporting companies or agencies;
• to your realtor or other representative in relation to any actual or prospective sale or purchase ;
• to the closing attorney appointed  to close any sale or purchase of any lot or home to which you are a party;
• to any governmental authority for the purposes of applying for or performing any permit for a home or lot that you have or will purchase or own or may own;
• 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 Kingfish Bay Development, LLC’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Kingfish Bay Development, LLC about our Website users, customers or prospective customers is among the assets transferred or to be transferred;
• to fulfill the purpose for which you provide it;
• for any other purpose disclosed by us when you provide the information;
• with your consent;
• where permitted under our Terms Of Use.

We may also disclose your personal information:

• to comply with any court order, applicable law, or legal process, including to respond to, perform, perfect or complete any government or regulatory, compliance, permitting or taxation request or application;
• to enforce or apply our lot or home sale, construction and other agreements, including for billing and collection purposes;
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kingfish Bay Development, LLC, our customers, or others. This includes exchanging or providing information with, or to any governmental authority or other companies and organizations for the purposes of fraud protection and credit risk reduction or otherwise to protect or enforce  Company, KBOA or other person’s rights, property or safety.

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: 

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information
To ask questions or comment about this privacy policy and our privacy practices, contact us at:

Kingfish bay Development, LLC
7122 Beach Drive SW
Ocean Isle Beach, NC 28469
[email protected]

To register a complaint or concern, please contact the CFO by mail or email at the above addresses.