Privacy Policy Effective Date:  September 22, 2021

Bay Harbor Islands Property Owner I LLC (hereinafter “we,” “our,” or “us”) are committed to safeguarding and handling your Personal Information in a responsible and secure manner.

This Privacy Policy (“Policy”) describes how we process your Personal Information as you use our website located at www.LaBaiaBayHarbor.com (the “Site”). Please read our Site Terms of Use before submitting any information to us via the Site. By submitting information to us, you agree with our privacy practices as described in this Policy and consent to the collection, storage, sharing, transfer and use of your Personal Information as described herein. If you do not agree with this Policy, Terms of Use, or other policies, please do not access or use the Site or submit any information to us.

We may modify this Policy at any time, without prior notice, and changes may apply to any “Personal Information” (as defined below) we already hold about you, as well as any new Personal Information collected after the Policy is modified. If we make changes, we will notify you by revising the date at the top of this Policy. We will provide you with advance notice if we make any material changes to how we collect, use or disclose your Personal Information or that impact your rights under this Policy.

If you continue to access or use the Site after receiving the notice of changes, you acknowledge your acceptance of the updated Policy. In addition, we may provide you with real time disclosures or additional information about the data handling practices of specific parts of the Site. Such notices may supplement this Policy or provide you with additional choices about how we process your Personal Information.

SECTION 1 – INFORMATION WE COLLECT THROUGH YOUR USE OF THE SITE

Personal Information is any information that identifies you or makes you identifiable. We collect different types of Personal Information when you’re accessing or using the Site, including:

A. Information You Provide to Us. In connection with the Site, you may voluntarily provide Personal Information about yourself including your name, phone number, e-mail address and/or physical address or other information you submit to us while using the Site.

B. Usage Information Automatically Collected. When you use the Site, we automatically collect information your usage of the Site as described below.  We have a legitimate interest in understanding how you use and interact with the Site and communicating with you in response to your requests for information.

• Service Data: We collect information about your interactions with the Site, such as the pages or other content you view, and other actions you perform while using the Site.

• Log Data: We automatically collect log information when you use the Site. This might include your IP address, access times, hardware and software information, device information, device event information (e.g. crashes, browser type), the web page you’ve viewed or engaged with before or after using the Site, and other relevant information. We collect and monitor this data in order to keep track of the security and privacy of your information and analysis of use of the Site.

• Cookies and Similar Tracking Technologies: We may use various tracking technologies to collect and store information about your use of the Site. We use these tools to ensure that you receive a personalized experience, to provide you with certain functions on our Site and to improve and optimize the Site. Please refer to the “Cookies and Similar Tracking Technology” section below for more information.

SECTION 2 – HOW WE USE YOUR INFORMATION

Your Personal Information can be used for various purposes, including:

A. To Provide You with Project-Related Communications. If you submit a request via the site to receive information about the La Baia Bay Harbor project, we will use your Personal information to send you project-related communications.  You can manage your email preferences and opt out of communications.

B. To Enforce our Terms, Agreements, or Policies. To maintain a safe, secure, and trusted environment for you when you use the Site, we use your Personal Information to make sure our terms, policies, and agreements with you and any third parties are enforced. We actively monitor, investigate, prevent, and mitigate any suspected or actual prohibited activities on the Site. We are required to process your Personal Information for this purpose to provide the Site.

C. For Research and Development.  We may process your Personal Information to improve, optimize, or expand the Site or features of the Site.  We do so by processing information about your use of the Site, any information you provide to us, and by measuring, tracking, and analyzing trends and usage in connection to your use or the performance of the Site.

D. To Comply with Applicable Laws. We may be required to process your Personal Information under certain laws and regulations. We will also process any and all information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry) or obligations that we may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the Site Terms of Use and other policies; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of our employees and others.

SECTION 3 – HOW WE SHARE YOUR INFORMATION

We may share your Personal Information as follows:

A. Third-Party Service Providers. We may use third parties to perform certain services on our behalf in connection with the Site such as: sending e-mail, removing repetitive information from prospect or customer lists, web site analysis, analyzing data, providing marketing assistance and providing customer service.

B. Opt-in and Opt-out Programs:  Throughout the Site you may be presented with opportunities to receive mailings from third parties or us.  An opt-in/opt-out message may ask you if you would like your Personal Information to be shared. If you do choose to have your Personal Information shared, please be aware that we are not responsible for the privacy practices of these other companies, and you should review the privacy practices of such companies prior to providing your Personal Information. If you would not like your information to be shared to third parties, or if you would like to stop receiving mailings from third parties or us, you may follow the instructions in the opt-out section below.

C. Our Subsidiaries and Affiliates: We may share your information (including, without limitation, Personal Information) with our affiliated companies.

D. Merger, Bankruptcy, or Corporate Reorganization. We may disclose and transfer your Personal Information to a subsequent owner, co-owner, or operator of our company or the Site, or in connection with a merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets (i.e., a bankruptcy proceeding), or other corporate change.

E. Legal Obligations and Safety. We may share your Personal Information if it is reasonably necessary to:

• Comply with a valid legal process (e.g., subpoenas, warrants, court orders, etc.);

• Comply with requests or investigations by public authorities;

• Comply with applicable laws or regulations;

• Enforce or apply our policies or policies of our business partners;

• Protect the security or integrity of the Site; or

• Protect our rights, property, or safety or that of our employees or users, partners and affiliates, or other natural persons.

SECTION 4 – YOUR CHOICES

A. Voluntary Information. You may choose not to provide us with some of your Personal Information.  You are not required to send us any Personal Information.

B. Communication Preferences. If you do not want to receive emails from us, please adjust your communication preferences or click the unsubscribe link within the email you received from us.

SECTION 5 – THIRD-PARTY SERVICES

You may find links to other websites, third party applications, and widgets on the Site that we do not own or control, such as various social media platforms. When you click on links in the Site, they may direct you away from the Site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Once you leave the Site or are redirected to a third-party website or application, you are no longer governed by this Policy or the Site’s Terms of Use.

SECTION 6 – SECURITY

No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your Personal Information from unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. In the event that we are required by law to inform you of a breach of security with respect to your Personal information we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

SECTION 7 – COOKIES AND SIMILAR TRACKING TECHNOLOGY

We use cookies and similar tracking technologies to collect usage information about your use of the Site. Cookies are small files, typically comprised of letters and numbers, that your computer or mobile device saves when you visit certain websites. When you return to the websites that save cookies on your device—or visit other websites that use the same cookies—the websites recognize such cookies and your browsing device. Generally, we may use first-party and third-party cookies for the following purposes:

o To make the Site function properly;

o To provide a secure browsing experience during your use of the Site;

o To collect usage information about your use of the Site to help us improve and optimize the Site; and

o To remember your preferences for your convenience. Types of Cookies on Our Site.

We use the following types of cookies on the Site:

A. Strictly Necessary Cookies: These cookies enable you to move around and use the Site. This category of cookies is essential for the Site to work and they cannot be disabled.

B. Performance or Analytics Cookies. These cookies collect usage information about how you use the Site. For example, the cookies will collect information about the pages you view or click on while using the Site or if you get an error message from certain pages. We use the information collected by such cookies to improve and optimize the Site. You can disable these cookies.

You can enable, disable, or delete cookies through the browser you are using to access the Site. To do this, follow the instructions provided by your browser (usually located within the “Help”, “Tools” or “Edit” settings). Please note, if you set your browser to disable cookies parts of the Site may not work properly for you. You can find more information about how to change your browser cookie settings at https://www.allaboutcookies.org.

SECTION 8 – CHILDREN’S PRIVACY

By using this Site, you represent that you are at least the eighteen (18) years old. The Site is not intended for persons under 18 years of age. No one under age 18 may provide any Personal Information to or on the Site. We do not knowingly collect Personal Information from anyone under 18. If you are under 18, do not use or provide any information on the Site or through any of its features, register on the Site, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received Personal Information from someone under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a person under 18, please contact us using the information provided in the “Questions & Contact Information” section below.

SECTION 9 – GOVERNING LAW AND JURISDICTION

All matters relating to this Site and Policy and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).  This Site is operated from the United States. By using this Site from outside the United States you consent to have any Personal Information you provide through this Site transferred to and processed in the United States and allow us to use and collect your Personal Information in accordance with this Policy.  Text on this Site may be published in languages other than English, in which event the English language version of any text, including this Policy shall control.

SECTION 10 – RETENTION

We generally retain your Personal Information as long as necessary to fulfill the purposes of collection or to comply with applicable law. Otherwise we will try to delete your Personal Information upon your request or when we no longer need it for the purposes it was originally collected.

SECTION 11 – ACCESS TO YOUR PERSONAL INFORMATION

You may request access to your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below. If required by law, upon request, we will grant you reasonable access to the Personal Information that we have about you.

SECTION 12 – CHANGES TO YOUR PERSONAL INFORMATION

We rely on you to update and correct your Personal Information.  If the Site does not permit you to update or correct Personal Information, you should contact us at the address provided in the “Questions & Contact Information” section below in order to request that your Personal Information by modified. Note that we may keep historical information in our backup files as permitted by law.

SECTION 13 – DELETION OF YOUR PERSONAL INFORMATION

You may request information about how long we keep a specific type of information, or request that we delete your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below.  If required by law we will grant a request to delete Personal Information, but you should note that in many situations we must keep your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, or for another one of our business purposes.

SECTION 14 – OBJECTION TO CERTAIN PROCESSING; REVOCATION OF CONSENT

You may object to our use or disclosure of your Personal Information by contacting us at the address provided in the “Questions & Contact Information” section below.  If you revoke your consent for the processing of Personal Information then we may no longer be able to provide you information or other services.  In some cases, we may limit or deny your request to revoke consent if the law permits or requires us to do so, or if we are unable to adequately verify your identity. You may revoke consent to processing (where such processing is based upon consent) by contacting us at the address provided in the “Questions & Contact Information” section below.  If you receive a text message from us that contains promotional information you can opt-out of receiving future text messages by replying “STOP.”

SECTION 15 – NOTICE TO INDIVIDUALS IN CALIFORNIA

California law permits California residents to ask us for a notice that identifies the categories of Personal Information that we share with our affiliates and/or third parties for marketing purposes, and that provides contact information for such affiliates and/or third parties. If you are a California resident and would like a copy of this notice, please submit a written request to us at the address provided under the “Questions & Contact Information” section below. You may request a copy of the Personal Information that we hold about you, and exercise other rights as described above.  Note that, as required by law, we will require you to prove your identity.  We may verify your identity by phone call or email. Depending on your request, we will ask for information such as your name, address or other verifiable information.  We may also ask you to provide a signed declaration confirming your identity. Following a request, we will use reasonable efforts to supply, correct or delete Personal Information about you in our files. In some circumstances, you may designate an authorized agent to submit requests to exercise certain privacy rights on your behalf.  We will require verification that you provided the authorized agent permission to make a request on your behalf.  You must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.  If you are an authorized agent  submitting a request on behalf of an individual you must attach a copy of the following information to the request:  (i) a completed Authorized Agent Designation Form indicating that you have authorization to act on the consumer’s behalf; and (ii) if you are a business, proof that you are registered with the Secretary of State to conduct business in California.  If we do not receive these pieces of information, the request will be denied.  We do not sell Personal Information.

SECTION 16 – DO NOT TRACK SIGNALS

Currently, we do not monitor or take any action with respect to Do Not Track signals or other mechanisms, which means that we collect information about your online activity both while you are using the Site and after you leave the Site.

SECTION 17 – CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this Policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the Site. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.  To the extent that our policy changes in a material way, the Policy that was in place at the time that you submitted Personal Information to us will generally govern that information unless we receive your consent to the new Policy.  Our Policy includes an “effective” and “last updated” date.  The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

SECTION 18 – CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Site you consent to the transfer of your Personal Information to countries outside of your country of residence, including the United States, which may have different data protection rules than those in your country. As a result your Personal Information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country.  Nonetheless, where possible we take steps to treat Personal Information using the same privacy principles that apply pursuant to the law of the country in which we first received your Personal Information.  By submitting your Personal Information to us you agree to the transfer, storage and processing of your Personal Information in a country other than your country of residence including, but not necessarily limited to, the United States.  If you would like more information concerning our attempts to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction you can contact us using the contact information provided in the “Questions & Contact Information” section below.

SECTION 19 – SENSITIVE INFORMATION

Do not send us, and do not disclose, any sensitive information (e.g., social security numbers, credit card or other payment card information, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background or trade union membership), or other information you consider to be confidential, on or through the Site or otherwise to us.

SECTION 20 – QUESTIONS & CONTACT INFORMATION

If you would like to access, correct, amend, or delete any Personal Information we have about you, register a complaint, or simply want more information contact us at info@LaBaiaBayHarbor.com or by phone at 305 778 2058 or regular mail at Bay Harbor Islands Property Owner I LLC, 1111 Kane Concourse, Suite 150, Bay Harbor Islands, Florida 33154.

Last updated:  September 22, 2021