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Privacy Policy

Effective date: August 26, 2026

This privacy policy (the “Policy”) is intended to inform you of the types of information Pecan Shore (“Pecan Shore”, “we” or “us”) collects, as well as our policies and practices regarding the collection, use, and disclosure of that information through the web pages at https://www.pecanshore.com (the “Site”).

By accessing or using the Site, you acknowledge that you have read and understand this Policy. Where required by applicable law, we will obtain your affirmative consent before collecting or processing your personal data for purposes beyond those described in this Policy. If you do not agree with the practices described in this Policy, please do not use the Site.

We may update this Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make material changes to this Policy, we will notify you by posting the updated Policy on this page with a revised “Last Updated” date. We encourage you to review this Policy periodically. Your continued use of the Site after the posting of changes constitutes your acceptance of such changes, except where additional notice or consent is required by law.

This Policy applies solely to information collected by the Site. It will notify you of the following:

  • What Information Do We Collect?
  • How Do We Use Your Information?
  • Do We Share Your Information?
  • Your Privacy Rights — Access to and Control Over Information
  • How to Opt Out of Targeted Advertising
  • Does This Policy Apply to Other Websites Linked To Or From the Site?
  • Do We Collect Information From Children Under the Age of 13?
  • Data Security

What Information Do We Collect?

Personal Information You Provide to Us.

“Personal Data” means any information that identifies or is reasonably capable of being associated with an identified or identifiable individual. This includes, but is not limited to, name; date of birth; Social Security number; government-issued identification numbers; financial account information (including credit card, bank account, and mortgage application data); mailing or billing address; telephone number; email address; email preferences; geolocation data; device identifiers; and IP addresses. “Sensitive Data” means personal data revealing racial or ethnic origin, religious beliefs, health information, citizenship or immigration status, genetic or biometric data, personal data of a known child, precise geolocation data, or data concerning an individual’s sex life or sexual orientation, as well as Social Security numbers, driver’s license numbers, and financial account credentials.

We collect Personal Data that you provide to us directly (e.g., when you submit an inquiry form, register for an account, apply for a home purchase, or communicate with us via email, phone, or chat) and through automated technologies when you interact with the Site. We process your Personal Data for the following purposes and on the following legal bases: (a) To perform or fulfill a contract (e.g., processing your home purchase application or reservation); (b) To comply with legal obligations (e.g., identity verification, anti-money laundering screening, tax reporting); (c) For our legitimate business interests (e.g., marketing, improving the Site, fraud prevention), where those interests are not overridden by your rights; and (d) With your consent, where required by applicable law (e.g., processing Sensitive Data of consumers between the ages of 13 and 17 without consent, sending marketing communications where opt-in consent is required).

Information Collected by Automated Means.

Whenever you use the Site, we, as well as any of our third-party advertisers and/or service providers, may use a variety of technologies that automatically collect information about how the Site is accessed and used (“Usage Information”). Usage Information may include, in part, browser type, operating system, the page served, the time, how many users visited the Site, and the website you visited immediately before the Site. This statistical data provides us with information about the use of the Site, such as how many visitors visit a specific page on the Site, how long they stay on that page, and which hyperlinks, if any, they “click” on. Usage Information helps us to keep the Site fresh and interesting to our visitors and to tailor content to a visitor’s interests. Usage Information is generally non-identifying, but if we associate it with you as a specific and identifiable person, we treat it as Personal Data.

Device Identifiers.

Usage Information we may collect includes your IP address, MAC Address, or other unique identifier (each a “Device Identifier”) for the computer, mobile device, Wi-Fi card, or other technology (collectively, “Device”) you use to access the Site. A Device Identifier is a number that is automatically assigned to your Device when you access a website or its servers. Our computers identify your Device by its Device Identifier. When you visit the Sites, we may view your Device Identifier. We use this information to identify repeat visitors to our Site. We also may use this information to send you targeted advertisements and to enhance the Site.

We may associate your Device Identifier with your Personal Data.

The technologies used on the Site, including Device Identifiers, to collect Usage Information may include, without limitation:

Cookies.

Cookies are data files placed on a Device when it is used to visit the Site. We may use cookies to collect and store certain information about you. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them).

Web Beacons.

We may also include web beacons (also known as web bugs, Internet tags, pixel tags, tracking pixels, and clear GIFs) with the content and ads that we deliver to you, which we will use to collect information regarding your interaction with our content and ads. A web beacon is a transparent graphic image placed on a web page or in an email, which indicates that a page or email has been viewed or that an email has been forwarded. In addition, a web beacon allows third parties to obtain information such as the IP address of the computer that downloaded the page on which the beacon appears, the URL of the page on which the beacon appears, the time the page containing the beacon was viewed, the type of browser used to view the page, and the information in cookies set by the third party. A web beacon may also tell your browser to get content from another server.

Cookies and web beacons (together, “Site Cookies”) may enable us to track and target the interests of our users to enhance the experience on our Site, track user actions/behavior on our Site, and track the effectiveness of ads.

Analytics.

We use products to analyze activity on our site. We use tracking technology and/or Google Analytics to understand how users use our site to enhance the user experience on our Site.

LocaliQ is a service provider that assists us in advertising our products and/or services. LocaliQ has a retargeting product, which enables LocaliQ to show you advertisements for our Site when you visit other sites in the LocaliQ network or in third-party networks. LocaliQ is able to do this through the use of cookies that are provided by LocaliQ through its third-party partners (“Advertising Cookies”).

Google Analytics is a platform that collects data from the Site and creates reports that provide insights about visitors and their interactions with the Site.

How Do We Use Your Information?

We use your information to respond to you regarding the reason you contacted us. We will also use your information as follows:

Registration.

A user may need to first complete a registration form in order to use the Site. During registration, a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our Site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

Orders.

We may request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we will use this contact information to contact you.

Surveys and Contests.

From time to time, our Site may request information via surveys or contests. Participation in these surveys or contests is completely voluntary, and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address) and demographic information (such as ZIP code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this Site.

Customer Service.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this Policy.

Chat.

Our Site may use chat functionality to enable direct communication with you through our Site. We will primarily use such information to assess your needs and to gain your contact information so that we may contact you to further discuss our products and/or services.

Do We Share Your Information?

We may disclose your Personal Data to the following categories of third parties: (a) Title companies and escrow agents – to facilitate closings on home and condominium purchases; (b) Mortgage lenders and brokers – to process mortgage applications and credit approvals; (c) Homeowners associations (HOAs) – for transfer of ownership records, assessments, and community governance; (d) Credit reporting agencies – to verify creditworthiness and financial standing; (e) Government agencies – for recording deeds and complying with tax and regulatory reporting obligations; (f) Payment processors – to process earnest money deposits, option fees, and purchase payments; (g) Marketing and advertising partners – to deliver targeted advertisements and promotional communications; (h) Analytics providers – to analyze Site traffic and user behavior; (i) Customer relationship management platforms – to manage communications and sales workflows; (j) Legal and compliance service providers – for enforcing agreements, managing risk, and responding to legal process. We require all third-party recipients to contractually agree to maintain the confidentiality and security of your Personal Data and to use it solely for the purposes for which it is disclosed.

In accordance with §541.054 of the Texas Data Privacy and Security Act (“TDPSA”), our data processing agreements with third-party processors include: (a) clear instructions for processing Personal Data; (b) obligations of confidentiality with respect to the Personal Data; (c) requirements to delete or return all Personal Data to us upon termination of the service relationship, at our direction; (d) obligations to make available to us all information necessary to demonstrate compliance with the TDPSA; and (e) provisions allowing us (or a qualified assessor) to conduct reasonable assessments of the processor’s policies and technical and organizational measures.

These third parties (and any subcontractors they may be permitted to use) have agreed not to share, use, or retain your Personal Data for any purpose other than as necessary for the provision of Services.

We may share your Personal Data for marketing and advertising purposes, including sending you promotional material or special offers on our behalf or on behalf of our marketing partners and other third parties, provided that you have not already opted out of receiving such communications. We will not share your mobile information with third parties for marketing and advertising purposes. Mobile information sharing to subcontractors in support services, such as customer service, is permitted.  All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

We may share aggregated demographic information with our partners and advertisers. This is not linked to any Personal Data that can identify any individual person.

We will disclose Personal Data when we believe in good faith that such disclosures (a) are required by law, including, for example, to comply with a court order or subpoena, or (b) will help to: enforce our policies; enforce contest, sweepstakes, promotions, and/or game rules; protect your safety or security, including the safety and security of property that belongs to you; and/or, protect the safety and security of our Site or third parties. In addition, if we or all of its assets are acquired, all of the data collected by us through the Site and through other means and services provided by us would be among the transferred assets.

Your Privacy Rights — Access to and Control Over Information

We offer you choices regarding the collection, use, and sharing of your Personal Data. If you receive promotional communications from us, you may indicate a preference to stop receiving further promotional communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at the email address or phone number given on our Site. We do not charge for this service, and your opt-out request will be processed within thirty (30) days of the date on which we receive it.

You can do the following at any time by contacting us via the email address or phone number given on our Site:

  • See what Personal Data and Sensitive Data we have about you, if any.
  • Change/correct any data we have about you.
  • Have us delete any data we have about you.
  • Notify us if you do not want us to share your Personal Data for marketing and promotional purposes.

How to Opt-Out of Targeted Advertising

You can set most web browsers to notify you if you receive a cookie, or you may choose to block cookies, though either of those actions may affect the use of our Site. If you prefer to not receive targeted advertising, you can opt out of some network advertising programs that use your information.

To do so, please visit the Digital Advertising Alliance (DAA) Opt-Out Page: https://www.aboutads.info/choices/. Please note that even if you choose to remove your information (via opting out), you will still see advertisements while you are browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The DAA Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies’ pages where you can opt out of receiving targeted advertisements from companies.

You may opt out of the tracking enabled by the LocaliQ by visiting: https://localiq.com/optout/.

You may opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout.

You can also find out more about your “Do Not Track” options by visiting https://www.allaboutDNT.com.

Effective January 1, 2025, we recognize and will honor universal opt-out mechanisms, including Global Privacy Control browser signals or similar platform-based opt-out preference signals, as valid requests to opt out of the sale of Personal Data and targeted advertising, as required by the TDPSA.

Does This Policy Apply to Other Websites Linked To Or From the Site?

The Site may contain links to other websites. Any Personal Data you provide on linked pages or sites is provided directly to that third party and is subject to that third party’s privacy policy. This Policy does not apply to such linked sites, and we are not responsible for the content or privacy and security practices and policies of these websites or any other sites that are linked to or from the Site. We encourage you to learn about their privacy and security practices and policies before providing them with Personal Data.

Do We Collect Information From Children Under the Age of 13?

The Site is not directed to children under the age of 13. We do not knowingly collect Personal Data from children under 13. If we learn that we have inadvertently collected Personal Data from a child under 13, we will promptly delete such data and terminate any associated account. If you believe a child under 13 has provided us with Personal Data, please contact us at the address below. Additionally, in accordance with the TDPSA, we will not process the Personal Data of a known child (under 13) without obtaining verifiable parental consent, and we will not process Sensitive Data of consumers between the ages of 13 and 17 without consent.

Data Security

We implement administrative, technical, and physical safeguards designed to protect your Personal Data from unauthorized access, use, alteration, and destruction. These measures include, but are not limited to:

  • Encryption of sensitive Personal Data (including Social Security numbers and financial account information) in transit and at rest;
  • Access controls limiting Personal Data access to authorized personnel with a business need;
  • Regular security assessments and vulnerability testing;
  • Employee training on data protection and privacy practices;
  • Secure disposal of physical and electronic records containing Personal Data; and
  • Incident response procedures to address potential data breaches in a timely manner.

Breach Notification

In the event of a breach of system security involving your “sensitive personal information” (as defined under Texas Business & Commerce Code § 521.002), we will notify you without unreasonable delay, and in no event later than sixty (60) days after discovery of the breach. We will also notify the Texas Attorney General if the breach affects 250 or more Texas residents.

No system is completely secure. While we strive to protect your Personal Data, we cannot guarantee absolute security.

Your Rights Under the Texas Data Privacy and Security Act

If you are a Texas resident, you have the following rights with respect to your Personal Data:

  • (a) Right to Know / Access. You have the right to confirm whether we are processing your Personal Data and to access such data.
  • (b) Right to Correction. You have the right to correct inaccuracies in your Personal Data, taking into account the nature of the data and the purposes of processing.
  • (c) Right to Deletion. You have the right to request deletion of your Personal Data that you have provided to us or that we have obtained about you.
  • (d) Right to Data Portability. You have the right to obtain a copy of your Personal Data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrance.
  • (e) Right to Opt Out. You have the right to opt out of the processing of your Personal Data for the purposes of: (i) targeted advertising; (ii) the sale of Personal Data; or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you.

Profiling Disclosure

We do not currently engage in automated profiling that produces legal or similarly significant effects concerning consumers. If we implement such processing in the future, we will update this Policy, conduct a data protection assessment, and provide you with notice and an opportunity to opt out prior to such processing.

How to Exercise Your Rights

To submit a request, please contact us at privacy@pecanshore.com or call us at 936-777-3556. We will respond to your request within forty-five (45) days of receipt. If we require additional time, we will inform you of the extension (up to an additional 45 days) and the reason for the delay.

Verification

We may need to verify your identity before processing your request. We will not require you to create a new account to exercise your rights.

Right to Appeal

If we decline your request, you may appeal our decision by contacting us at privacy@pecanshore.com. We will respond to your appeal within sixty (60) days. If you are not satisfied with our response to your appeal, you may file a complaint with the Texas Attorney General at https://www.texasattorneygeneral.gov/consumer-protection.

Non-Discrimination

We will not discriminate against you for exercising your rights under this section.

Information Collected in Connection with Home and Condominium Purchases

In connection with the reservation, purchase, or financing of a home or condominium at Pecan Shore, we may collect the following categories of information from you and/or from third parties involved in the transaction:

  • Identity Verification Data: Full legal name, date of birth, Social Security number, government-issued photo identification, and proof of residency.
  • Financial Information: Bank account details, income verification, tax returns, credit reports and scores, mortgage pre-approval letters, proof of funds, and earnest money deposit records.
  • Transaction Records: Purchase agreements, closing documents, title insurance records, HOA transfer documentation, property inspection reports, and warranty registrations.
  • Occupancy and Household Information: Household composition, planned occupancy dates, and preferences related to unit selection or customization.

This information is collected for the purpose of: (a) evaluating and processing your purchase or reservation; (b) complying with applicable legal and regulatory requirements (including anti-money laundering laws, tax reporting, and deed recording); (c) coordinating with title companies, lenders, and other parties involved in the transaction; and (d) communicating with you regarding the transaction and your new home.

Gramm-Leach-Bliley Act (“GLBA”) Compliance

We may collect mortgage applications, credit information, financial account data, and other nonpublic personal information in connection with real estate purchase transactions. Some of those activities may constitute “financial activities” under the GLBA and its implementing regulations. To the extent applicable, we: (a) provide this privacy notice describing our information-sharing practices; (b) implement administrative, technical, and physical safeguards to protect the security and confidentiality of customer financial information, as required by the FTC Safeguards Rule (16 C.F.R. Part 314); (c) limit the sharing of nonpublic personal information with nonaffiliated third parties to circumstances permitted by law or for which you have provided consent; and (d) do not disclose account numbers or access codes to nonaffiliated third parties for marketing purposes. If you have questions about how we handle your financial information, please contact us at privacy@pecanshore.com.

Data Retention

We retain your Personal Data only for as long as reasonably necessary to fulfill the purposes for which it was collected, unless a longer retention period is required or permitted by law. General retention periods include:

  • Website usage data and cookies: Up to twenty-four (24) months from collection.
  • Marketing and inquiry data: Until you opt out or request deletion, or three (3) years from last interaction, whichever is sooner.
  • Transaction and closing data: seven (7) years after closing (or longer if required by applicable law or regulation).
  • Tax and financial reporting data: As required by IRS and Texas Comptroller recordkeeping requirements (typically seven (7) years).
  • Identity verification documents: Duration of the transaction plus five (5) years (consistent with anti-money laundering guidance).
  • HOA transfer records: Retained indefinitely by the HOA; we retain copies for seven (7) years.

After the applicable retention period expires, we will securely delete or de-identify the data, unless retention is required by law, regulation, or bona fide legal hold.

Sale of Personal Data and Right to Opt Out

We do not sell your Personal Data in exchange for monetary consideration. However, under the TDPSA, certain disclosures of Personal Data in exchange for non-monetary consideration (such as sharing data with advertising partners for targeted advertising purposes) may constitute a “sale.”

To the extent any of our data-sharing practices constitute a “sale” under applicable law, you have the right to opt out. To exercise your right to opt out of the sale of your Personal Data, you may:

  • Submit a request via email to privacy@pecanshore.com;
  • Call us at 936-777-3556; or
  • Click the “Do Not Sell or Share My Personal Information” link located in the footer of our website.

We will process your opt-out request within 15 business days of receipt. For clarity, the 15-business-day processing timeline applies specifically to requests to opt out of the sale of Personal Data, the sharing of Personal Data for targeted advertising, and profiling opt-out requests. All other consumer rights requests – including requests for access, correction, deletion, and data portability – are processed within forty-five (45) days of receipt, with the possibility of one extension of up to an additional forty-five (45) days where reasonably necessary, as described in the “Your Rights Under the Texas Data Privacy and Security Act” section above.

Processing of Sensitive Data

Certain categories of your Personal Data constitute “Sensitive Data” under the TDPSA, including your Social Security number, financial account information, government-issued identification, and precise geolocation data. We will not process your Sensitive Data without first obtaining your affirmative consent, except where processing is: (a) strictly necessary to perform a transaction you have requested; (b) required by applicable law or regulation; or (c) necessary to protect the vital interests of you or another individual. You may withdraw your consent to the processing of Sensitive Data at any time by contacting us at privacy@pecanshore.com. Withdrawal of consent will not affect the lawfulness of processing conducted prior to withdrawal.

Electronic Communications and CAN-SPAM Compliance

If you have provided us with your email address, we may send you promotional and informational communications related to Pecan Shore and the Pecan Shore community. All promotional emails will: (a) clearly identify Pecan Shore as the sender; (b) include a valid physical mailing address (1725 Hughes Landing Blvd., Suite 850, The Woodlands, TX 77380); (c) contain a clear and conspicuous mechanism to opt out of future promotional emails; and (d) honor opt-out requests within ten (10) business days.

Transactional Communications

We may also send you non-promotional transactional emails related to your account, purchase, reservation, or construction updates. These communications are not subject to opt-out because they are necessary to complete your transaction or provide you with information you have requested.

Text/SMS Messages

If you have opted in to receiving text messages from us, you may opt out at any time by replying “STOP” to any message. Message frequency may vary. Message and data rates may apply. We will not share your mobile phone number or text message opt-in data with third parties for marketing purposes.

Data Protection Assessments

Where required by applicable law, we conduct data protection assessments for processing activities that present a heightened risk of harm to consumers, including: (a) processing for purposes of targeted advertising; (b) the sale of Personal Data; (c) processing of Sensitive Data; and (d) any processing that presents a heightened risk of harm to consumers. These assessments evaluate the benefits of the processing against the potential risks to consumer rights.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PECAN SHORE’S TOTAL LIABILITY ARISING FROM OR RELATING TO THIS POLICY OR YOUR USE OF THE SITE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO PECAN SHORE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION DOES NOT APPLY TO LIABILITY ARISING FROM PECAN SHORE’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR VIOLATION OF APPLICABLE DATA PROTECTION LAW THAT CANNOT BE LIMITED BY CONTRACT.

Miscellaneous

This Policy and the privacy practices of Pecan Shore will be governed by and construed in accordance with the laws of Texas in the United States.

Questions?

If you have any questions about this Policy, please contact us at 1725 Hughes Landing Blvd., Suite 850, The Woodlands, TX 77380 or call us at 936-777-3556. Email: privacy@pecanshore.com.

For requests to exercise your rights under the TDPSA, please include your full name, email address associated with your account (if any), Texas residency, and a description of your request. We will respond within forty-five (45) days of receipt.