Introduction

This Privacy Policy (“Policy”) is a LEGAL and BINDING AGREEMENT between YOU and The Douglaston Companies (sometimes called the “Companies”, “we” or “us”). We are a group of related businesses including Douglaston Development LLC, Levine Builders, and Clinton Management LLC. Please review this Policy fully before you access or use the Companies’ websites located at https://www.www.douglastondevelopment.com/, https://www.levinebuilders.com/, https://www.clintonmanagement.com/, https://level- bk.com/, https://1n4th.com/, https://ohmny.com/, and https://3elevennyc.com/ (the “Websites”) and/or any of the Companies’ social media sites including Facebook and Instagram (the “Social Media Sites”).

Our Websites and Social Media Sites (together, the “Sites”) are intended to be a safe environment for anyone who accesses or uses them or receives information of all sorts in any and every format, including text, graphic designs, still images, videos and any and every format whatsoever, now existing or that may be created in the future (the “Content”).

The Companies have created this Policy to demonstrate our commitment to the privacy of users of our Sites. This Policy governs your access to and use of the Sites and sets forth the Companies’ privacy practices with respect to the Sites. By using the Sites, you consent to the collection, processing, use, disclosure and retention of your information by the Companies as described in this Policy. You will also be subject to any and all additional terms set forth on any of the Sites including without limitation the Terms of Service (“Terms of Service”) for the Sites. Further, your use of our Social Media Sites may also subject you to the terms of service, privacy policy and other applicable rules established by the social media platforms (“Platforms”) such as Facebook and Instagram on which our Social Media Sites reside.

Your Acceptance of this Policy

If you do not agree to this Policy, you are directed to discontinue using and accessing all of the Sites immediately. This Policy and the Terms may be changed or updated by the Companies from time to time without prior notice to you. Your continued access or use of the Sites after such changes or updates indicates your acceptance of this Policy and the Terms as changed or updated. It is your responsibility to review this Policy and the Terms regularly. This Policy was last updated on March 1, 2022.

About Your Information

When you use the Sites, the Companies and our service providers such as Google automatically track certain information about you. This information includes your Internet Protocol or IP address, your Internet browser and version, your operating system, the Internet site or URL from which you came from prior to landing on the Sites, the date and time that you access or use our Sites, geolocation information, metadata information, searches that you conduct, the fact that you visited the Sites, the pages that you visit within the Sites, and the Internet site or URL to which you go upon leaving the Companies’ Sites. We use this information to monitor the Sites’ performance, utilization of features and services, traffic trends, and other analytical and optimization information.

Cookies, web beacons and similar tags (“cookies”) are pieces of information that may be placed on your computer by a website or Platform for the purpose of facilitating and enhancing its communications and interactions with you. We use Cookies for analytics to collect data that allows us to understand how and when users interact with the Sites. Cookies also help the Companies ascertain which areas of the sites are popular and which are not. Improvements and updates to the Sites may be based on data such as total number of visitors and pages viewed. Most Internet browsers are initially set to accept cookies. It is possible to stop your browser from accepting cookies by changing your browser’s cookie settings. You can usually find these settings in the “options” or “preferences” menu of your browser.

Flash-based websites will plant “flash cookies” on your computer to provide certain Content such as video on demand, video clips, animation and a better user experience. A flash cookie is able to handle more complex information than a browser cookie and is able to pass information across the different browser types you may have installed on your computer. There are many bona fide uses of flash cookies. However the use of flash cookies can also be abused and can invade your privacy. Adobe’s Flash player and similar applications use this technology to remember settings, preferences and usage similar to browser cookies. Flash cookies are not managed through your web browser. The best way to prevent flash cookies from being planted in your system is to manage them through Adobe’s Flash management tools, found at http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_mana ger03.html. Your browser may also offer other tools to delete or reject flash cookies so please check your browser’s settings or help menu for more information.

In addition, our Social Media Sites may use cookies to reach social media users to market our products and services. For example, we may place a pixel on our web pages that enables Facebook to place cookies on your web browser. In this case, when a user of our Social Media Sites returns to Facebook from our Sites, Facebook can identify them as part of a group of users of the Sites, and Facebook can deliver marketing messages to these users on our behalf. If you are a Facebook user you can opt out by following this link: https://www.facebook.com/help/568137493302217.

Most Internet browsers can be set to transmit digital “Do Not Track” requests to websites and social media sites and Platforms. Such sites may, but are not required to, comply with “Do Not Track” requests. At this time, the Companies do not respond to any digital “Do Not Track” requests.

Except as otherwise provided in this Policy or the Companies’ Terms of Service, the Companies will not share, sell, trade or rent your personally identifiable information to third parties without your advance written permission or as required by law, such as your name, address, zip code, phone number, and email address.

Consent

When you provide any personal information to the Companies by way of the Sites, you understand and consent to the collection, processing, use, disclosure and retention of your information by or on or behalf of the Companies as stated in this Policy or the Terms of Service.

You may withdraw such consent as provided in this Policy or the Terms of Service, provided that pursuant to law or other reasons there may be circumstances in which you may not withdraw your consent to the collection, processing, use, disclosure and retention of your information. You acknowledge that if you withdraw your consent, it may require a period of time before the Companies fully implement your withdrawal and as a result until fully implemented, the Companies may continue to contact you based on your prior consent. Notwithstanding your withdrawal of any consent, the Companies may subsequently contact you for other purposes that are unrelated to marketing or selling, including without limitation legal or regulatory purposes.

Please be aware that applicable law may require or permit the collection, processing, use or retention of your information without your consent. to the maximum extent permitted by applicable law, including without limitation laws which may require or permit the collection, processing, use, disclosure and/or retention of your information without your consent.

Data Retention

We do not retain any of your information except to comply with our legal obligations and as set forth in this Policy. We reserve the right to retain your information on a non- identifiable basis to improve our Sites. Be aware that your posts on our Social Media Sites shall be publicly available, and they may remain publicly available if you do not delete them or if you share your information with other persons or if such information was disclosed or distributed according to the privacy settings you use for social media Platforms, or for other reasons.

You expressly agree to our data practices, including the collection, use, processing, disclosure and retention of your information, your communications and/or your information as described in this Policy.

If we sell or transfer all or a portion of our businesses to any affiliated or unaffiliated party, or if we enter into a consolidation, merger, sale of stock, assets or any similar transaction, or if we become bankrupt or insolvent, you expressly agree that the Companies shall have the right to sell or transfer any information the Companies have about you. In such event the Companies shall request that all parties involved in any such transaction conduct the collection, processing, use, disclosure and retention of your information in the same manner as stated in this Policy.

If you have any questions about the Companies’ handling or use of your personal information, please contact the Companies at Marketing@tdcny.com.

Our Social Media Sites

The Companies maintain social media accounts and sites on independent third party websites and Platforms including without limitation Facebook, Instagram, LinkedIn, Twitter, TikTok and YouTube. Your use of the Social Media Sites shall be subject to the terms of use, privacy policy and all other applicable terms and conditions for each social media site and Platform. The Social Media Sites enable you to integrated social media directly into your user experience. As part of such integration, such social media sites and platforms may provide us with access to certain information that you have provided to them, and we reserve the right to use, store and disclose such information in accordance with this Policy.

When you interact with our Social Media Sites, we collect information about you including your profile and other information that you have disclosed to the Platforms, your name, user ID, email address, profile photo, photos and videos, gender, birthday, location, your list of online “friends” and their contact details, the names of people you follow and/or who follow you on the social media Platform, the posts and ‘likes’ you make online, the specific content that you view and the links that you click. You expressly consent to the Companies’ collection and retention of such information in accordance with this Policy and the Terms of Service.

You shall not distribute to or share your social media usernames or passwords with any other person. You are solely responsible for maintaining the confidentiality of your social media usernames and passwords, and the Companies expressly disclaim any and all responsibility for any disclosure or breach of confidentiality of same. You shall be responsible for all consequences and damages arising from all uses of your social media login, whether or not authorized by you, and the Companies expressly disclaim any and all responsibility for same. In addition, the use of your social media login information is subject to each Platform’s policies and requirements, for which the Companies shall have no liability or responsibility whatsoever.

Mobile Devices

You can access and use our Sites with virtually any mobile communications device such as a tablet, smartphone, smartwatch or other wearable device that has an Internet browser application or a software application. However, some of the features of the Companies’ Sites may not be available or accessible when you view the Companies’ Sites using a mobile device. You understand that the Companies are providing the Sites to you on an “as is” basis.

In order the Companies’ to access or use including applicable text messaging fees and data and other charges. Sites from a mobile device, you will need to subscribe or have access to a mobile telecommunications network. You are solely responsible to pay any service provider fees for mobile Internet access to If you experience any technical or other difficulties when you use a mobile device or communications network to access the Companies’ Sites, you should contact your service provider. The Companies shall not be responsible for and expressly disclaim any liability for such difficulties.

Many mobile devices allow a user to control and disable Cookies and other privacy settings. Please refer to the instructions for your mobile device for additional information.

Risks

The Companies strives to protect the personal information, confidentiality and privacy of each user. However, the Companies cannot and do not guarantee the security of any personally identifiable information or Content that you post or submit to the Companies via the Social Media Sites or otherwise, and you do so solely at your own risk.

You acknowledge that you are aware of security and privacy risks including without limitation: (a) the global accessibility of the Sites via the Internet; (b) the technological limitations of security, privacy and authentication on the Internet and on our Sites; (c) the potential for hacking, eavesdropping, spoofing, forgery, “impostering”, harassment, fraud, denial of service attacks and Viruses causing unauthorized, damaging or harmful access to and retrieval of information and data from your computer or network; (d) the risk that data and information about you may be subject to additional security or privacy hazards; (e) the risk of unauthorized access by third parties; and (f) the content or privacy policies of websites and Platforms to which our Sites may link, or which may link to our Sites.

Children

The Companies are committed to the safety of children and to protecting the online privacy of children. The Sites are intended solely for adults over the age of eighteen (18). All children and minors under the age of eighteen (18) are prohibited from viewing the Companies’ Websites and Social Media Sites. The Companies do not request or knowingly collect any personal information from children and minors under the age of eighteen (18). If the Companies become aware that a child or minor under the age of eighteen (18) has provided personal information to the Sites, the Companies shall have the right to take reasonable measures to delete all such information from the Companies’ stored records. The Companies rely on the parents and guardians of children and minors under the age of eighteen (18) to monitor their access and use of the Internet, including the Companies’ Websites and Social Media Sites.

Your California Privacy Rights

A. California Shine the Light Law

Annually, California residents may request and obtain personal information that the Companies have shared with third parties for such third parties’ direct marketing purposes within the prior calendar year (as defined by California’s “Shine the Light Law”). If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which the Companies shared this information in the immediately preceding calendar year. To obtain this information, please send an email message to Marketing@tdcny.com with the words “California Shine the Light Privacy Request” in the subject line as well as in the body of your message. The Companies will then furnish the requested information to that email address.

B. California Consumer Privacy Act

The California Consumer Privacy Act (“CCPA”) applies to California residents and to information that identifies, relates to, describes, is reasonably capable of being directly or indirectly associated or linked with California consumers or households (“California Information”). If you are a California resident, the CCPA grants you the right to request certain information about our practices with respect to California Information. In particular, you can request the following information:

• The categories and specific pieces of your California Information that we have collected;
• The categories of sources from which we collected California Information;
• The business or commercial purposes for which we collected or sold California Information; and
• The categories of third parties with which we shared California Information.
• The categories of third parties to which we have sold California Information, and the category or categories of California Information sold to each; and
• The categories of California Information that we have shared with service providers who provide services for us, like processing your bill. We are committed to providing you control over your California Information. Upon your request, we will delete the California Information we have collected about you, except for situations in which that information is necessary for us to provide you with a product or service that you requested; perform a contract we entered into with you; maintain the functionality or security of our systems; comply with or exercise rights provided by law; or use the information internally in ways that are compatible with the context in which you provided the information to us, or that are reasonably aligned with your expectations based on your relationship with us. You can instruct us not to sell your California Information at any time by sending an email to us at Marketing@tdcny.com. Once we receive and process your request, we will not sell your California Information unless you later authorize us to do so.

Law Enforcement

The Companies fully cooperate with law enforcement personnel and agencies in identifying those who use our services for illegal activities. We reserve the right to release information about a user to law enforcement agencies: (a) whenever we believe the user has violated this Policy or the Terms of Service; (b) as required by law or lawfully issued legal process including without limitation subpoenas, court orders and search warrant; (c) to prevent, detect, and investigate fraud, security breaches, potentially prohibited or illegal activities; (d) whenever we believe in our sole discretion that disclosure may be necessary to prevent physical harm or financial loss; and (e) in connection with an investigation of suspected or actual illegal activity. We comply with all lawful subpoenas and other judicial process and release information that is required thereby. We may use your information to protect our trademarks, enforce our Terms of Service and/or comply with applicable laws. As and to the extent stated in our Terms of Services, you agree to indemnify, defend and hold us harmless from any and all damages and expenses including reasonable attorneys’ fees that we may incur as a result of legal requests for your information.

General Legal Provisions

You and the Companies have agreed to this Policy within the State of New York for all purposes. Your access to and use of the Companies’ Sites are deemed to have been provided to you within the State of New York.

All disputes arising out of, under, or in connection with this Policy (including without limitation, their validity, interpretation, performance, or breach) will be adjudicated exclusively in the United States District Court for the Southern District of New York or in the state courts located in New York County, State of New York. You expressly consent to the exclusive jurisdiction of such courts over you. You expressly waive any claim of inconvenient forum (forum non conveniens). You agree to reimburse the Companies for its reasonable legal and professional fees and expenses of instituting or defending a lawsuit against you, by you and/or relating to you. This Policy and its validity and effect will be interpreted under and governed by the laws of the State of New York in all respects, without regard to principles of conflicts of laws or statutes.

The Sites are to be accessed and used exclusively in the United States. You shall not access or use the Sites outside the United States. The Companies do not engage in commercial activity in any jurisdiction outside the United States and accordingly, the Companies shall not be subject to the laws of any jurisdiction other than the United States.

This Policy and any other operating rules or terms posted on the Sites including without limitation the Terms of Service constitute the entire agreement between the Companies and you relating to your use of the Sites, and supersede all previous written or oral agreements between any of the Companies and you relating thereto. No action or inaction by the Companies may be construed as a waiver of this Policy or any part thereof. If any of the provisions of this Policy are held to be unenforceable by a court having competent jurisdiction, the remainder of this Policy will continue in full force and effect.

Copyright © 2022 by The Douglaston Companies. All Content contained in and on the Companies’ Sites is intellectual property belonging exclusively to the Companies and/or the respective owners thereof, and is protected by federal and state copyright laws and other laws and international laws and treaties. Any copying, republication, distribution, public performance or preparation of derivative works of the Content is strictly prohibited. The Companies enforce their copyright, trademark, and other legal rights and interests to the maximum extent permitted under the law. All rights of the Companies are expressly reserved.