Gemenskap LLC – Privacy Policy

Introduction

Gemenskap LLC (“Gemenskap,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your personal information when you interact with our website (gemenskaplife.com) or otherwise engage with us. It applies to all users of our services, including prospective clients (such as homebuyers or residents) and our partners or providers (such as lenders, contractors, or service providers). By using our website or services, you agree to the practices described in this Privacy Policy. If you do not agree, please do not use our site or provide us with your personal information.

Information We Collect

We may collect personal information (information that identifies you or relates to you as an individual) in a few ways:

Information You Provide Directly: When you contact us through our website’s contact forms, sign up for newsletters, inquire about properties, or communicate with us, you may provide personal details. This can include your name, email address, phone number, postal address, and any other information you choose to share (for example, the content of your message or specific preferences).
Business/Partner Information: If you are a business partner or service provider collaborating with Gemenskap, we may collect your contact details, company name, title, and any relevant information needed for our partnership.
Automatically Collected Information: When you visit our site, we automatically collect certain data about your device and how you interact with our site. This may include your IP address, browser type, device identifiers, pages viewed, dates/times of access, and referring website information. We collect this through cookies and similar tracking technologies (explained more below) to understand usage patterns and improve our website.
Cookies and Tracking Technologies: Our website may use “cookies” and similar technologies to enhance user experience. Cookies are small text files stored on your browser. They help us recognize repeat visitors, remember your preferences, and gather aggregate information about site traffic. You can control or delete cookies through your browser settings. Note that if you disable cookies, some features of our site might not function as intended. We do not use cookies to collect sensitive personal data, and any third-party analytics or advertising partners are required to handle cookie data in accordance with applicable laws.

How We Use Your Information

Gemenskap uses the collected information for various business purposes consistent with this Privacy Policy, including:

Providing Services and Information: We use your personal information to respond to your inquiries, schedule showings or appointments, provide information on available homes or lots, and otherwise facilitate the services or information you request. For example, if you fill out our contact form or request a callback, we will use your contact details to reach out to you.
Communication and Marketing: With your consent (when required by law), we may use your contact information to send newsletters or promotional materials about our community, new listings, open house events, or updates that may interest you. You can opt-out of marketing emails at any time by using the unsubscribe link provided in the emails or contacting us directly. We will not spam you – our goal is to send relevant, occasional updates about Gemenskap and mountain living opportunities.
Business Operations and Improvement: We may use usage data and feedback to understand how our website is used and to improve our services and user experience. This includes analyzing trends, managing our website’s functionality, and enhancing the content and layouts. For instance, we might review which pages are most visited to make them easier to find, or use technical data to ensure compatibility with popular browsers/devices.
Partnerships and Providers: If you are one of our partners or providers (such as a lender listed on our site or a home-building contractor working with us), we use your information to manage our business relationship, communicate about joint clients or projects, and fulfill our contractual obligations to you. We also may feature certain partner information (like a lender’s name and contact) on our website with appropriate consent, to assist our clients in finding services.
Legal Compliance and Protection: In certain cases, we may need to use or disclose your information to comply with applicable laws, regulations, legal processes, or governmental requests. We may also use your information to enforce our agreements or policies, detect and prevent fraud or security issues, and protect the rights, property, and safety of Gemenskap, our users, our partners, or the public. This includes using data as necessary to handle any disputes or legal claims involving our services.

Our use of personal data is based on various legal grounds, depending on your jurisdiction: for example, your consent (for sending marketing emails or processing sensitive data); performance of a contract (responding to your request to view a property or purchase a home); legitimate interests (improving our services or preventing fraud, where our interests are not overridden by your privacy rights); and legal obligations (complying with laws or regulatory requirements). We will only use your data for the purposes for which we collected it, or for compatible purposes in line with reasonable user expectations. If we need to use your data for a new, unrelated purpose, we will notify you and, if required, seek your consent.

How We Share or Disclose Information

We value your privacy and handle your personal information with care. We do not sell your personal information to third parties for their own marketing purposes. However, we may share information in the following circumstances:

With Service Providers: We employ trusted third-party companies and individuals to perform functions on our behalf and help deliver our services (for example, website hosting, email delivery, analytics services, or customer relationship management tools). These service providers will have access to your personal information only as necessary to perform their functions and are contractually obligated to protect it and use it only for our authorized purposes.
With Business Partners: If you express interest in certain services that involve our partners (such as mortgage financing with a preferred lender, or specific home customization with a builder), we might share your contact and inquiry details with those partners to facilitate your request. For example, if you ask to be connected with a lender from our referral list, we will, with your permission, pass along your name and contact info so they can assist you. All such partners are expected to safeguard your information and use it solely for the purpose of providing you services or options you requested.
Corporate Transactions: In the unlikely event that Gemenskap undergoes a business transaction such as a merger, acquisition, reorganization, or sale of assets, your personal information may be transferred as part of that deal. We would ensure any successor entity honors the commitments we’ve made in this Privacy Policy regarding your personal data.
Legal Requirements: We may disclose your information if required to do so by law or in a good-faith belief that such action is necessary. This includes situations like responding to subpoenas or court orders, enforcing our Terms of Service, or protecting the rights, safety, or property of our company, our customers, or others. If appropriate (and not legally prohibited), we will attempt to notify you of such disclosure.
With Your Consent: In cases not covered above, we will share your personal information only if you have given us explicit consent to do so. For instance, if we ever want to feature a customer testimonial with personal details on our website or marketing materials, we would seek your consent first.

When we share data with third parties, we take reasonable steps to ensure they commit to protecting your data to the same standard we do. We do not share more information than is necessary for the purpose, and we do not allow third parties to use your data for their own unrelated purposes without your consent.

Cookies and Third-Party Analytics

As mentioned, we use cookies and similar technologies for functionality and analytics. We may also use third-party analytics tools (like Google Analytics) to gather information about site usage. These tools may set cookies or use tracking pixels to collect usage data (such as pages visited, time spent on pages, links clicked, and other browsing information). This information helps us understand visitor activity and improve our content. The data collected is generally aggregated and does not directly identify individual users. However, such analytics providers may receive some information like your IP address or device identifiers. You can opt out of Google Analytics data collection by installing a browser add-on provided by Google, or use other privacy tools to block tracking. For more details on how these third parties handle data, please review their privacy policies. Gemenskap does not use analytics data to target individuals, and we treat analytics data as described in this Policy. If we engage in any interest-based advertising or retargeting in the future, we will update this Policy and provide any required opt-out mechanisms (including honoring “Do Not Track” signals or global privacy control signals as required by law in certain jurisdictions, such as the Colorado Privacy Act’s universal opt-out mechanism).

Data Security

We take reasonable precautions to protect the security of your personal information. We implement industry-standard administrative, technical, and physical safeguards to secure data against unauthorized access, alteration, disclosure, or destruction. These measures include encryption of data in transit (e.g., using HTTPS on our website), secure hosting environments, and restricted access to personal data on a need-to-know basis for our staff or service providers. However, please be aware that no method of transmitting or storing data is 100% secure. While we strive to protect your information, we cannot guarantee absolute security. Cyber threats evolve quickly, and despite our efforts, there is always some risk of a security breach or unauthorized access. You share and transmit information at your own risk. In the event of a data breach that affects your personal information, we will notify you and any applicable regulatory authorities as required by law.

Data Retention

We retain personal information for as long as necessary to fulfill the purposes outlined in this Policy, unless a longer retention period is required or permitted by law. For example:

Contact form inquiries and related correspondence may be kept for a reasonable period to ensure we can follow up and provide good service. If you become a customer or resident, we will retain your information for the duration of our relationship and as needed for record-keeping obligations (such as financial or real estate transaction records, which might be kept for a number of years as required by law or industry practice).
Marketing communications data (like your email for newsletters) is kept until you unsubscribe or ask us to delete it, or if our campaigns become inactive. We periodically review our mailing lists and remove contacts that have invalid addresses or who have not engaged with our emails for a long time.
Automatically collected technical data (via cookies or logs) is retained for analytics purposes typically in aggregate form. Any identifiable IP address information we collect is usually anonymized or deleted after a short period (often anonymized after 14 to 30 days, for example) unless we need to retain it for security investigations.
If you are a business partner/provider, we retain your information for the duration of our partnership and thereafter as needed for contractual or legal purposes.

When we no longer have a legitimate need or legal obligation to retain your personal information, we will securely delete or anonymize it. If deletion or anonymization is not immediately feasible (for example, because the data is stored in backup archives), we will isolate it from further processing until deletion is possible.

Your Privacy Rights

Gemenskap is based in Colorado, USA, but we are aware that individuals from different jurisdictions may interact with us. We are committed to complying with applicable privacy laws, including the Colorado Privacy Act (CPA), the California Consumer Privacy Act (CCPA) (as amended by the CPRA), and the European Union/United Kingdom General Data Protection Regulation (GDPR), where they apply. This section outlines the rights you may have under these laws and how you can exercise them.

Rights for Colorado Residents (CPA)

If you are a resident of Colorado, you have certain rights regarding your personal data under the Colorado Privacy Act:

Right to Access: You may request that we confirm whether we are processing your personal data and provide you with a copy of the personal data we have about you, in a portable and, if feasible, readily usable format.
Right to Correction: If your personal information that we hold is inaccurate or incomplete, you have the right to request that we correct it.
Right to Deletion: You can ask us to delete personal data that we have collected from or about you. (Please note there may be exceptions when we need to keep certain data for legal or security reasons, but we will inform you if such an exception applies.)
Right to Opt-Out: Colorado residents have the right to opt out of the processing of their personal data for purposes of targeted advertising, the sale of personal data, or certain types of profiling. Gemenskap does not sell personal data, as noted above. If we engage in any targeted advertising (e.g., showing ads about Gemenskap to you on other sites), you have the right to opt out of that – you can contact us to exercise this right or use available industry opt-out tools. We will also honor universal opt-out signals (such as a browser-based opt-out preference) as required by Colorado law once such mechanisms are recognized.
Right to Appeal: If we decline to take action on a rights request you have submitted (for example, if we cannot fulfill a deletion request due to an exemption), we will inform you of our decision. Colorado law gives you the right to appeal our decision by contacting us (you can simply reply to our response or use the contact method below, indicating that you are appealing our decision). We will review your appeal and inform you of the outcome. If your appeal is denied, we will provide you with a way to contact the Colorado Attorney General’s office, should you wish to further appeal our decision.

Rights for California Residents (CCPA/CPRA)

If you are a California resident, you are protected by privacy rights under the CCPA (California Consumer Privacy Act) and CPRA (California Privacy Rights Act). These rights include:

Right to Know: You can request that we disclose what personal information we have collected, used, and disclosed about you over the past 12 months. This includes the categories of personal information collected, the sources of that information, the business purpose for collection, and any categories of third parties with whom we shared that information. We can provide a report that details this, largely mirroring the information already outlined in this Privacy Policy.
Right to Access: Similar to Colorado’s right, you may request a copy of the specific pieces of personal information we have collected about you in the past 12 months. The information will be provided in a portable format.
Right to Delete: You may request that we delete personal information we collected from you, subject to certain exceptions (such as if the information is required to complete a transaction you requested, for security, legal compliance, etc.). If an exception applies, we will let you know in our response.
Right to Correct: You can request correction of inaccurate personal information that we maintain about you.
Right to Opt-Out of Sale/Sharing: California residents have the right to opt-out of the “sale” or “sharing” of their personal information. We do not sell personal data for monetary compensation. We also do not share personal information for cross-context behavioral advertising except as allowed by law or with your consent. If we ever began doing so, we would provide a “Do Not Sell or Share My Personal Information” link on our website. Currently, since we do not sell or share data in this manner, that link is not present, and the default is that your data is not sold or shared beyond what is described in this Policy.
Right to Limit Use of Sensitive Personal Information: If we collect any information deemed “sensitive” under California law (e.g., precise geolocation, racial or ethnic origin, etc.), California residents can direct us to limit the use of such information to what is necessary for providing services. (At this time, we do not collect sensitive personal information except possibly if you voluntarily provide it in communications; we do not use such data for any purpose outside responding to you.)
No Discrimination: We will not discriminate against you for exercising any of your CCPA rights. This means we won’t deny services, give you a different level of service, or charge a different price (unless a difference is reasonably related to the value of your data, as permitted by law).

To exercise any of these California rights, please contact us as described in the Contact Us section below. We may need to verify your identity (for example, by confirming information we already have on file, like your contact details) before fulfilling your request, in order to protect your privacy. California law also allows you to designate an authorized agent to make a request on your behalf. If you do so, we will take steps to verify the agent’s authority and your identity. California “Shine the Light”: Separate from the CCPA, California’s “Shine the Light” law allows residents to ask for a notice describing what categories of personal information we share with third parties for their direct marketing purposes. However, Gemenskap does not share personal information with third parties for their own direct marketing use without your consent, so this requirement may not apply. If you have questions about this, you can still reach out to us.

Rights for EU/EEA/UK Individuals (GDPR)

If you are in the European Union, European Economic Area, or United Kingdom, the GDPR (and UK GDPR) provides you with robust data protection rights, even if our primary operations are outside Europe. If you interact with Gemenskap from these regions, you have the following rights regarding your personal data:

Right to be Informed: You have the right to clear and transparent information about how we collect and use your data – which is the purpose of this Privacy Policy.
Right of Access: You can request confirmation of whether we are processing your personal data, and if so, request a copy of that data, as well as supplementary information related to the processing (similar to what’s provided in this Privacy Policy).
Right to Rectification: If you believe any personal data we hold about you is incorrect or incomplete, you have the right to request that we correct or update it.
Right to Erasure: Commonly known as the “right to be forgotten,” this allows you to request deletion of your personal data in certain circumstances – for example, if the data is no longer necessary for the purposes it was collected, or if you withdraw consent and no other legal basis for processing applies. We will honor valid deletion requests and take steps to inform any service providers processing your data to do the same (except where retention is legally permitted or required).
Right to Restrict Processing: You can ask us to limit the processing of your data in certain scenarios, such as while we are verifying the accuracy of your data or if you object to our processing and we are considering that objection. During the restriction period, we will store your data securely and not process it further except to the extent allowed by your request or necessary for legal reasons.
Right to Data Portability: You have the right to obtain your personal data that you provided to us, in a structured, commonly used, machine-readable format, and you have the right to transmit that data to another controller (for example, to another company), when the processing is based on your consent or a contract and done by automated means. We will assist with such transfer where technically feasible.
Right to Object: You may object to our processing of your personal data when we base it on legitimate interests (including any profiling based on those interests). If you make such an objection, we will evaluate if our legitimate grounds for processing override your privacy rights. You also have an unconditional right to object to your personal data being used for direct marketing purposes; if you opt out of marketing, we will cease marketing processing for your data.
Right not to be subject to Automated Decision-Making: Gemenskap does not engage in any automated decision-making or profiling that produces legal or similarly significant effects on individuals. If that changes, individuals in the EU/UK would have rights related to not being subject to such decisions without human intervention.
Right to Withdraw Consent: In situations where we are processing your personal data based on your consent, you have the right to withdraw your consent at any time. For example, if you consented to receive our newsletter, you can unsubscribe at any time and we will stop that processing. Withdrawing consent does not affect the lawfulness of processing based on consent before its withdrawal.

To exercise any of the above GDPR rights, please contact us via the information in the Contact Us section. We may need to verify your identity before acting on the request. We will respond to requests within one month, or inform you if we need more time. You also have the right to lodge a complaint with a Data Protection Authority (DPA) in the EU/EEA or the Information Commissioner’s Office (ICO) in the UK, if you believe we have infringed your privacy rights. We encourage you to contact us first so we can address your concerns directly. International Data Transfers: If you are located outside the United States (for example, in the EU or UK), please be aware that the personal information we collect will be transferred to and processed in the United States (where our company is headquartered and where our web servers or cloud services may be located). The data protection laws of the U.S. may differ from those of your jurisdiction, and may not be deemed “adequate” by European authorities. However, we will take steps to ensure that your personal data receives an adequate level of protection. This may include implementing standard contractual clauses approved by the European Commission, relying on your consent for the transfer, or other lawful mechanisms. By providing us with personal information or using our services, you acknowledge this transfer, processing, and storage of your information in the U.S. as outlined in this Privacy Policy.

Children’s Privacy

Our services and website are not directed to children under the age of 13 (or under 16 in certain jurisdictions, such as under the GDPR’s definition of a “child”). We do not knowingly collect personal information from children. If you are under the age threshold applicable in your country, please do not use our site or submit any personal information. Parents or legal guardians should supervise their children’s internet usage and can contact us to request deletion of any inadvertent personal data of a minor. If we learn that we have inadvertently collected personal information from a child without appropriate consent, we will take steps to delete that information promptly. If you believe we might have any information from or about a minor, please contact us so that we can investigate and address the issue.

Third-Party Websites and Links

Our website may contain links to third-party websites or services that are not operated by Gemenskap. For example, we may link to property listings on external sites (such as Zillow) or our social media pages on platforms like Facebook or Instagram. This Privacy Policy does not apply to those third-party sites. We are not responsible for the content, privacy practices, or actions of any third parties. If you click on a third-party link, any information you provide to those sites is subject to their own policies. We encourage you to review the privacy policies of any site you visit before providing personal information. Gemenskap’s inclusion of a link to a third-party site is for your convenience and should not be seen as an endorsement of that third party or its privacy/security practices. Use of third-party sites is at your own risk.

Updates to This Privacy Policy

We may update this Privacy Policy from time to time to reflect changes in our business, legal requirements, or how we process personal information. If we make material changes, we will post the revised policy with a new effective date and, if required by law, provide a prominent notice or seek your consent. We encourage you to periodically review this page for the latest information on our privacy practices. Your continued use of our website or services after any changes to this Policy constitutes your acceptance of the updated terms. We will note the “Last Updated” date at the top for reference.

Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or your personal information, please do not hesitate to contact us:

Gemenskap LLC
Address: 65 Star Gazing Circle, Fairplay, Colorado 80440, USA
Email: privacy@gemenskaplife.com

(or jeremiah@gemenskaplife.com as listed on our site for general inquiries)

Phone: 719-640-5376 (during business hours)

Please indicate that your inquiry is related to privacy so we can route it to the appropriate team. We will respond as promptly as possible. Thank you for trusting Gemenskap with your personal information. We are dedicated to safeguarding your privacy and providing a community where you can “live different” with confidence that your data is respected and protected.