Privacy Policy

Updated: November 1, 2024

Welcome. This Privacy Policy (“Policy”) applies to all websites, systems, and other services operated by Golden Orchard and its subsidiaries and affiliates (“Golden Orchard”), including without limitation www.goldenorchard.com (“Golden Orchard Resources”). Any reference to “we”, “us”, or “our” in this Policy shall refer to Golden Orchard. This Policy has been created in order to demonstrate and inform you of our firm commitment to privacy. The Policy describes how we collect, protect and use information we receive from consumers, prospective consumers, or employees (which includes but is not limited to, current employees, job applicants, or sub-contracted employees) collectively referred throughout this Policy as (“consumer”) as they interact with Golden Orchard’s Resources. This Policy applies to information collected through Golden Orchard’s Resources as well as information collected through any other means, including information consumers provide directly to Golden Orchard. This Policy does not address the use of information that is subject to the Health Insurance Portability and Accountability Act (“HIPAA”). For information about how Golden Orchard handles “protected health information” under HIPAA, please see our Notice of Privacy Practices below. For individuals in Nevada and the State of Washington, you have additional rights under state laws regarding personally identifiable data that is not subject to HIPAA but that is linked or reasonably linkable to you and that identifies your past, present or future physical or mental health status (known as “consumer health data”).

CONTENTS OF THIS POLICY

The Information We Collect

How We Collect Information

How We Use and Disclose Collected Information

Categories of Information We Collect and Disclose

Sale and Disclosure of Personal Information for Targeted Advertising

Retention of Personal Information

Your Choices Regarding Collection, Use and Sharing of Personal Information

Your Privacy Rights

California Privacy Rights

Colorado Privacy Rights

Connecticut Privacy Rights

Oregon Privacy Rights

Texas Privacy Rights

Virginia Privacy Rights

Nevada Privacy Rights

Exercising Your Rights

Security

Our Commitment to Children’s Privacy

External Links

Consent and Jurisdiction

Modifications to our Privacy Policy

Contact Us

THE INFORMATION WE COLLECT
Golden Orchard collects directly from our consumers the following types of personal information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer:

Identifiers – this may include but is not limited to: your contact information, real name, alias, postal address, email address, online identifier or username, telephone number, social security number, driver’s license number, insurance policy number, or other similar identifiers.

Contact and Financial Information – this may include but is not limited to: bank account number, debit card number, credit report information, and health information.

Employment Related Information – this may include but is not limited to: compensation, bonuses, benefits, attendance, evaluations, performance reviews, discipline, personnel files, expenses, education, corporate credit card details, membership in professional organizations, professional certifications, work eligibility in order to comply with legal requirements, current and past employment history, employee preferences, such as preferred meals, seating and other travel preferences, desired work hours, work space preferences and preferred work supplies.

Background Screening Information – this may include but is not limited to: background screening of criminal history or sex offender registration.

Personal Information Categories From Cal. Civ. Code § 1798.80(e) – this may include but not limited to: photographs and physical description, medical information and benefits information.

Internet and Electronic Network Activity Information – this may include but is not limited to: browsing history, search history, and information regarding a Consumer’s interaction with our website or advertisement and IP Addresses assigned to a computer by the Internet Service Provider. Web servers automatically identify your computer by its IP address. We use your IP address to help diagnose problems with our server, to administer Golden Orchard’s Resources, avoid hacking attacks on Golden Orchard’s Resource’s including our website servers, and we may use it to gather broad demographic information.

Protected Characteristics – this may include but is not limited to: sex, race, ethnicity, military/veteran status, marital status, religion, and disability.

Geolocation Data –Although we do not collect precise physical location, we may collect information on your region or postal code, personnel device location, personnel movements, or personnel travel patterns.

Commercial Information – this may include but is not limited to: transaction information, records of purchase history or purchase tendencies.

Audio, Electronic, or Visual Information – this may include but is not limited to: video recording in communications or surveillance on a Golden Orchard owned or managed community premises.

Inferences from Personal Information Collected – this may include but is not limited to: creating consumer profiles reflecting preferences and predispositions.

Education Information – this may include but is not limited to: education history, professional qualifications, work history and prior employer information.

Cookie Information – As is the case with many websites, Golden Orchard’s Resources use a technology called “cookies”, which are small data files that are downloaded onto your computer, and similar tracking technologies such as pixels and clear gifs. The use of such tracking technologies is standard on the Internet and allows us to tailor your visits to

Golden Orchard’s Resources to your individual preferences. We engage with third party service providers who assign cookies and other tracking technologies on Golden Orchard’s Resources. Although most web browsers automatically accept cookies, you can change your browser to prevent cookies or notify you whenever you are sent a cookie. Even without accepting a cookie, you can still access most of the features on Golden Orchard’s resources. You can choose whether to accept cookies by changing the settings on your browser or device. If you choose to disable cookies, however, your experience with the Resources may be impaired and some features may not work as they were intended.

Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked, and Global Privacy Control (“GPC”) is an add-on or browser preference that signals that you do not want Personal Information collected. We do not currently respond to Do Not Track features or signals but do honor GPC signals where required by applicable law. You can choose to limit the data that third-party services share with us using the options provided to you by the applicable third-party service. You can also disconnect your use of the Resources from the third-party service at any time using the options provided to you by the applicable third-party service. Please note, however, that if you disconnect from the third-party service, that will not delete the data we may have previously collected while you were connected.


Sensitive Personal Information (“SPI”) – Sensitive Personal Information is personal information that reveals:

-Social security number, driver’s license, state identification card or passport number;

-Account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account;

-Your precise geolocation;

-Your racial or ethnic origin, religious or philosophical beliefs, or union membership;

-Contents of your mail, email, and text messages unless Golden Orchard is the intended recipient of the communication;

-Genetic data;

-Biometric information used to identify a consumer;

-Health information; and

-Information regarding a consumer’s sex life or sexual orientation.


Personal information does not include:
(1) De-identified or aggregated information (which Golden Orchard does not attempt to re-identify);


(2) information that is lawfully made available from federal, state, or local government records, or information that Golden Orchard has a reasonable basis to believe is lawfully made available to the general public by the consumer or from widely distributed media; or information made available by a person to whom the consumer has disclosed the information if the consumer has not restricted the information to a specific audience; and


(3) information excluded from coverage under applicable state privacy laws, such as health or medical information covered under HIPAA, medical information governed by the California Confidentiality of Medical Information Act, personal information disclosed pursuant to the Driver’s Privacy Protection Act of 1994 (“DPPA”), financial information covered under the Fair Credit Reporting Act (“FCRA”) or Gramm-Leach Bliley Act (“GLBA”).


Sensitive Personal Information does not include publicly available information.


When you submit your information on Golden Orchard’s Resources, you agree to be contacted by a Golden Orchard Representative at the telephone number you've provided, in response to your inquiry, between the hours of 9 AM and 8 PM ET. You agree that we may use automatic telephone dialing systems and technology to contact you by phone or text message at the telephone number provided, and send you email notifications regarding promotions and related material on senior living.

HOW WE COLLECT INFORMATION
There are several different ways Golden Orchard collects your personal information. The categories of sources in which may have collected your personal information includes the following:

-Website cookies. The use of website cookies is standard on the Internet and allows us to tailor your visits to Golden Orchard’s Resources to your individual preferences. We may also contract with third party service providers who assign cookies to conduct site tracking for us. These companies use cookies solely to provide us with data about site traffic;

-Directly from you via conversations, your interaction on our website, mail, e-mail, faxes, voicemails, and any documentation provided by you;

-Business transactions where we may buy, merge or partner with other companies or businesses, and in doing so, we would acquire consumer information.

-Directly from you via employment applications or employment contracts;

-Vendors, such as marketing advertising vendors, data analytic vendors, website analytic providers, professional service vendors, customer service vendors, banking and financial partners, and marketing firms;

-Social media platforms and networks;

-Healthcare providers;

-Referral agencies; and

-Government agencies


HOW WE USE AND DISCLOSE COLLECTED INFORMATION
The personal information collected by us may be used in a several ways including the following business and commercial purposes:

-Providing our services;

-Providing customer service;

-Providing you with promotional materials such as notifying you regarding certain services we provide, programs we provide and events that we are having;

-Understanding what information and services consumers want the most;

-Providing business support to Golden Orchard operations;

-Performing analytics and quality control;

-To conduct internal investigations and audits;

-Researching and testing features and improvements;

-Detecting and preventing fraud and security incidents;

-Debugging or repairing technical errors;

-Marketing our services;

-Managing personnel;

-Recruiting purposes such as evaluating applicants’ qualifications for employment, communicating with applicants, for diversity and inclusion purposes, and for record keeping purposes.

-Security and internal identification purpose;

-Conducting legal analysis;

-To comply with any applicable laws, regulations or statutory requirements;

Business transfers; in the unlikely event that a portion or substantially all of Golden Orchard’s assets are sold or transferred to a third party, personal information would likely be transferred business assets;

Developing and managing relationships with current or new business partners, vendors and other business partner personnel


CATEGORIES OF INFORMATION WE COLLECT AND DISCLOSE
The following chart provides information about the types of personal information we collect, the categories of sources from whom we collected the information, the business or commercial purposes for which collected the information, whether the information has been disclosed for a business purpose, and the categories of third parties with whom we have shared this information in the last 12 months.


SALE AND DISCLOSURE OF PERSONAL INFORMATION FOR TARGETED ADVERTISING
Golden Orchard does not directly sell your personal information, we may share your personal information with third parties outside of Golden Orchard as described below. Certain states have adopted laws that contain a broad definition of “sale” or “share” and may view certain disclosures of personal information as sales or sharing under their respective definitions.


For California consumers, in the previous 12 months, we have disclosed your personal information for cross-contextual or behavioral targeted advertising (which may constitute as "sale" or "sharing" under the California law), and we may continue to disclose, the following categories of personal information for the identified business or commercial purpose:


RETENTION OF PERSONAL INFORMATION
Golden Orchard will retain the information gathered in the above table as long as it is reasonably necessary for each disclosed purpose unless longer retention period is required by law.

YOUR CHOICES REGARDING COLLECTION, USE AND SHARING OF PERSONAL INFORMATION
Golden Orchard supports the right of our visitors to choose. If you decide that you do not wish to receive special offers or promotional communications, you can contact us at [email protected] or at the address provided below, indicating that you would like to opt-out and no longer want to receive information relating to Golden Orchard’s Resources.
Depending on your state of residency, you may have rights regarding your personal information, which are described below, and may include rights to correct, amend or delete your personal information. If you wish to exercise these rights, or make a request regarding your personal information, please contact us by email or postal mail at the addresses below or as described in the Exercise Your Rights section.
If you have consented to the use of your personal information and would like to revoke that consent or would like to opt out of emails or other marketing, please contact us. Although it is not always possible to remove or modify certain information, we will make reasonable efforts to do so.


To make such a request, you may send an email or contact us by regular mail:
Golden Orchard Living

850 E Orchard Rd.

Centennial, CO

[email protected]

STATE PRIVACY RIGHTS
A number of states have enacted laws that are intended to give consumers more control, personal rights, and protections regarding the personal information that businesses collect about them. Depending on where you live, you may have specific rights with respect to the personal information gathered by Golden Orchard:

Right to Access. Consumers in certain states have the right to access the personal information which Golden Orchard may have collected or retained about them. If requested through a verifiable request, Golden Orchard shall provide you with a copy of your personal information which we collect as permitted by the applicable state privacy law, the information shall be in a portable and, to the extent technically feasible, readily useable format. You may request to access your personal information collected by emailing us at [email protected]

When you exercise your right to access your information, you can expect the following:

We will verify your identity. You will need to provide us with certain information such as your name, email address, physical address, or other information, as relevant, so we can verify that you are who you say you are. Which information may depend on the type and sensitivity of information requested.

We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us 1-719-284-2888 or emailing us at [email protected].

We will respond to your request within 45 days. If necessary, we may need additional time to respond, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.

In certain cases, a Request to Access may be denied. For example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security. If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will withhold the information subject to denial.

Right to Know. Consumers in specific states have the right to know whether Golden Orchard has processed their personal information, or what personal information Golden Orchard has collected about them. Therefore, you have the right to submit a verifiable request to Golden Orchard, emailing [email protected], requesting that we disclose the following, as defined by applicable state law:

What personal information Golden Orchard has collected;

-The categories of personal information Golden Orchard has collected;

-The categories of sources from which your personal information was collected;

-The business purposes for collecting or sharing your personal information;

-The categories of third parties to whom Golden Orchard may disclose your personal information; and

-The specific pieces of personal information Golden Orchard has collected about you.

When you exercise your right to know your information, you can expect the following:

We will verify your identity. You will need to provide us with certain information such as your name, email address, physical address, or other information, as relevant, so we can verify that you are who you say you are. Which information may depend on the type and sensitivity of information requested.

We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us 1-719-284-2888 or emailing us at emailing us at [email protected]

We will respond to your request within 45 days. If necessary, we may need additional time to respond, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.

In certain cases, a Request to Know may be denied. For example, if we cannot verify your identity or if providing you the information could create an unreasonable risk to someone’s security. If we deny your request, we will explain why we denied it. If we deny a request, we will still try to provide you as much of the information as we can, but we will without the information subject to denial.

Right to Deletion. Consumers in specific states have the right to submit a verifiable request for deletion of personal information under certain circumstances. You may request to delete your personal information collected by contacting us as described in the contact portion of this document.

When you exercise your right to delete your information, you can expect the following:

After you request deletion, you will need to confirm that you want your information deleted.

We will verify your identity. You will need to provide us with certain information such as your name, email address, physical address, or other information, as relevant, so we can verify that you are who you say you are. Which information may depend on the type and sensitivity of information requested.

We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us 1-719-284-2888 or emailing us at [email protected]

We will respond to your request within 45 days. If necessary, we may need additional time to respond, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.

There may be times in which Golden Orchard may deny your request to delete information due to legal reasons consistent with applicable state law. If we deny a request, we will still try to provide you as much of the information as we can, but we will without the information subject to denial.

Right to Correct. Consumers in specific states have the right to submit a verifiable request to correct inaccurate personal information. Golden Orchard will use commercially reasonable efforts to correct the identified inaccurate information upon receiving a verifiable request. You may request to correct your personal information by contacting us as described in the contact section of this document.

When you exercise your right to correct your information, you can expect the following:

You will need to specify the information you believe we have recorded incorrectly.

We will verify your identity. You will need to provide us with certain information such as your name, email address, physical address, or other information, as relevant, so we can verify that you are who you say you are. Which information may depend on the type and sensitivity of information requested.

We will confirm our receipt of your request within 10 days. If you have not received a response within a few days after that, please let us know by contacting us 1-719-284-2888 or emailing us at [email protected]

We will respond to your request within 45 days. If necessary, we may need additional time to respond, up to another 45 days, but we will reply either way within the first 45-day period and, if we need an extension, we will explain why.

In most cases, you will need to submit documentation to support your requested correction. For example, if you believe your mailing address is incorrect in our records, you will need to provide evidence of the correct mailing address. If we deny your request, we will explain why we denied it.

Right to Opt-Out of the Sale of Personal Information or Cross-Context Behavioral Advertising. Golden Orchard does not sell personal information within the meaning of certain applicable state laws. Specific states allow consumers the right to opt-out of disclosing and sharing their personal information obtained by Golden Orchard for cross-context behavioral advertising. You may request to opt-out by emailing [email protected] .

Right to Limit Use of Sensitive Personal Information. Consumers in specific states have the right to limit the use and disclosure of your Sensitive Personal Information obtained by Golden Orchard. You can make a request to limit the use or disclosure of your Sensitive Personal Information by emailing [email protected] .

Right to Non-Discrimination. If you choose to exercise your privacy rights under applicable state law, we will not charge you different prices or provide different quality of services unless those differences are related to your personal information or otherwise permitted by law.

Please note that these specific privacy rights do not apply if all the personal information Golden Orchard collects is exempt from applicable law. Most of the applicable laws do not apply to personal information that is publicly available or information that is already protected by other laws such as health or medical information covered under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), personal information disclosed pursuant to the Driver’s Privacy Protection Act of 1994 (“DPPA”), and financial information covered under the Fair Credit Reporting Act (“FCRA”) or Gramm-Leach Bliley Act (“GLBA”). Most applicable laws also do not apply to de-identified or aggregated information.

CALIFORNIA PRIVACY RIGHTS
The California Consumer Privacy Act (“CCPA”), which was amended by the California Privacy Rights Act of 2020 (“CPRA”), collectively referred to herein as the (“California Consumer Privacy Laws”), are laws that are intended to give California consumers more control, personal rights, and protections regarding the personal information that businesses collect about them. Please note that the California Consumer Privacy Laws provide for some exempted uses of Sensitive Personal Information that is not subject to requests to limit the use or disclosure.


The following rights, as detailed in Your Privacy Rights section above, can be exercised by California consumers regarding their personal information gathered by Golden Orchard:

-The right to know

-The right to receive a copy of your personal information

-The right to correct

-The right to request deletion

-The right to limit the use of sensitive personal information

-The right to opt-out of sale or certain disclosures of your personal information

-The right to non-discrimination.

Please note that these specific California privacy rights do not apply if all the personal information Golden Orchard collects is exempt from the California Consumer Privacy Laws. The California Consumer Privacy Laws do not apply to personal information that is publicly available or information that is already protected by other laws such as health or medical information covered under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), personal information disclosed pursuant to the Driver’s Privacy Protection Act of 1994 (“DPPA”), financial information covered under the Fair Credit Reporting Act (“FCRA”) or Gramm-Leach Bliley Act (“GLBA”). The California Consumer Privacy Laws also do not apply to de-identified or aggregated information.
If you would like to exercise any of these specific rights please refer to the Exercise Your Rights section in this Policy.


COLORADO PRIVACY RIGHTS
The Colorado Privacy Act (“CPA”) is a law that is intended to provide consumers in the state of Colorado privacy rights and protection regarding their personal information, also known as “Personal Data” in Colorado. The following rights can be exercised by Colorado consumers regarding their Personal Data gathered by Golden Orchard:

-The right to know

-The right to receive a copy of your Personal Data

-The right to correct

-The right to request deletion of your Personal Data

-The right to opt-out of sales or certain disclosures of your Personal Data

-The right to appeal Golden Orchard’s refusal to take action regarding your privacy rights request

-The right to non-discrimination.

Please note that these specific rights awarded to Colorado residents will not apply if the Personal Data Golden Orchard collects from you, or if all of the information we collect, is exempt from the statute (for example, the CPA does not protect information that is already protected by certain other privacy laws, and does not protect information that is already publicly available). Additionally, these Colorado specific privacy rights do not apply to Golden Orchard employees, applicants or sub-contractors.


If we refuse to take action on your request, you can appeal our determination. You can submit an appeal by contacting us as provided in the Exercise Your Rights section. We will respond to your appeal within 45 days of receipt and provide a written explanation of the reasons for the decision. If your appeal is denied, we will provide you with information on how to contact the Colorado Attorney General to submit a complaint. If you would like to exercise any of these specific rights, please refer to the Exercise Your Rights section in this Policy.

CONNECTICUT PRIVACY RIGHTS
The Connecticut Data Privacy Act (“CTDPA”) is a law that is intended to provide consumers in the state of Connecticut privacy rights and protection regarding their personal information, also known as “Personal Data” in Connecticut. The following rights can be exercised by Connecticut consumers regarding their Personal Data gathered by Golden Orchard:

-The right to know

-The right to receive a copy of your Personal Data

-The right to correct

-The right to request deletion of your Personal Data

-The right to opt-out of sales or certain disclosures of your Personal Data

-The right to appeal Golden Orchard’s refusal to take action regarding your privacy rights request

-The right to non-discrimination.

Please note that these specific rights awarded to Connecticut residents will not apply if the Personal Data Golden Orchard collects from you, or if all of the information we collect, is exempt from the statute (for example, the CTDPA does not protect information that is already protected by certain other privacy laws, and does not protect information that is already publicly available). Additionally, these Connecticut specific privacy rights do not apply to Golden Orchard employees, applicants or sub-contractors.


If we refuse to take action on your request, you can appeal our determination. You can submit an appeal by contacting us as provided in the Exercise Your Rights section. We will respond to your appeal within 60 days of receipt and provide a written explanation of the reasons for the decision. If your appeal is denied, we will provide you with information on how to contact the Connecticut Attorney General to submit a complaint.


OREGON PRIVACY RIGHTS
The Oregon Consumer Privacy Act (“OCPA”) is a law that is intended to provide consumers in the state of Oregon privacy rights and protection regarding their personal information, also known as “Personal Data” in Oregon. The following rights can be exercised by Oregon consumers regarding their Personal Data gathered by Golden Orchard:

-The right to know whether we are processing your personal data

-The right to a list of specific third parties to whom we have disclosed personal data

-The right to receive a copy of your Personal Data

-The right to correct

-The right to request deletion

-The right to opt-out of sales or certain disclosures of your Personal Data

-The right to appeal a Controller’s refusal to take action regarding a privacy rights request

-The right to non-discrimination.

Please note that these specific rights awarded to Oregon residents will not apply if the Personal Data Golden Orchard collects from you or if all of the information we collect is exempt from the statute (for example, the OCPA does not protect information that is already protected by certain other privacy laws, and does not protect information that is already publicly available). Additionally, these Oregon specific privacy rights do not apply to Golden Orchard employees, applicants or sub-contractors.


If we refuse to take action on your request, you can appeal our determination. You can submit an appeal by contacting us as provided in the Exercise Your Rights section. We will respond to your appeal within 45 days of receipt and provide a written explanation of the reasons for the decision. If your appeal is denied, we will provide you with information on how to contact the Oregon Attorney General to submit a complaint.
If you would like to exercise any of these specific rights please refer to the Exercise Your Rights section in this Policy.

TEXAS PRIVACY RIGHTS
The Texas Data Privacy and Security Act (“TDPSA”) is a law that is intended to provide consumers in the state of Texas privacy rights and protection regarding their personal information, also known as “Personal Data” in Texas. The following rights can be exercised by Texas consumers regarding their Personal Data gathered by Golden Orchard:

-The right to know whether we are processing your Personal Data

-The right to receive a copy of your Personal Data

-The right to correct

-The right to request deletion

T -he right to opt-out of sales or certain disclosures of your Personal Data

-The right to appeal a Controller’s refusal to take action regarding a privacy rights request

-The right to non-discrimination.

Please note that these specific rights awarded to Texas residents will not apply if the Personal Data Golden Orchard collects from you or if all of the information we collect is exempt from the statute (for example, the TDPSA does not protect information that is already protected by certain other privacy laws, and does not protect information that is already publicly available). Additionally, these Texas specific privacy rights do not apply to Golden Orchard employees, applicants or sub-contractors.


If we refuse to take action on your request, you can appeal our determination. You can submit an appeal by contacting us as provided in the Exercise Your Rights section. We will respond to your appeal within 60 days of receipt and provide a written explanation of the reasons for the decision. If your appeal is denied, we will provide you with information on how to contact the Texas Attorney General to submit a complaint.


If you would like to exercise any of these specific rights please refer to the Exercise Your Rights section in this Policy.

VIRGINIA PRIVACY RIGHTS
The Virginia Consumer Data Protection Act (“VCDPA”) is a law that is intended to provide consumers in the state of Virginia privacy rights and protection regarding their personal information, also known as, Personal Data in Virginia. The following rights can be exercised by Virginia consumers regarding their Personal Data gathered by Golden Orchard:

-The right to know

-The right to receive a copy of your Personal Data

-The right to correct

-The right to request deletion

-The right to opt-out of sales or certain disclosures of your Personal Data

-The right to appeal Golden Orchard’s refusal to take action regarding your privacy rights request

-The right to non-discrimination.

Please note that these specific rights awarded to Virginia residents will not apply if the Personal Data Golden Orchard collects from you or if all of the information we collect is exempt from the statute (for example, the VCDPA does not protect information that is already protected by certain other privacy laws, and does not protect information that is already publicly available). Additionally, these Virginia specific privacy rights do not apply to Golden Orchard employees, applicants or sub-contractors.


If we refuse to take action on your request, you can appeal our determination. You can submit an appeal by contacting us as provided in the Exercise Your Rights section. We will respond to your appeal within 60 days of receipt and provide a written explanation of the reasons for the decision. If your appeal is denied, we will provide you with information on how to contact the Virginia Attorney General to submit a complaint.


If you would like to exercise any of these specific rights please refer to the Exercise Your Rights section in this Policy.

NEVADA PRIVACY RIGHTS

Although Golden Orchard does not sell, as defined by the laws of the state of Nevada, your personal information and only shares it with third parties as described in this Policy, if you are a Nevada resident and would like to opt-out of any unlikely future sale of your personal information you may request to opt-out by by emailing [email protected] or calling toll-free at 1-719-284-2888


EXERCISING YOUR RIGHTS
You can exercise the rights mentioned in this Policy by submitting a verifiable consumer request by calling 1-719-284-2888 or emailing us at [email protected]. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you request access to, correction of and/or deletion of your personal information, we may require you to provide additional information to help us identify you.


Consumers may designate an authorized agent to make a request on their behalf. We will deny requests from agents that do not submit proof of authorization from you. To verify that an authorized agent has authority to act for you, we may require a copy of a power of attorney or require that you provide the authorized agent with written permission and verify your own identity with us.

SECURITY
Golden Orchard’s Resources incorporate appropriate safeguards to protect the security, integrity, completeness, accuracy and privacy of the personal information we have collected. We have put in place reasonable precautions to protect information from loss, misuse and alteration. While on a secure page, the lock icon on the bottom of Web browsers such as Google Chrome, Mozilla Firefox and Microsoft Internet Explorer becomes locked, as opposed to unlocked, or open, when you are just “surfing”. Security of information communicated by or to us over the Internet is of utmost concern to us; unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Please note that your email or other electronic correspondence with us through Golden Orchard’s Resources, like most, if not all, non-encrypted Internet communications, may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use email or the contact forms provided through Golden Orchard’s website to communicate information to us that you consider confidential. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us or through Golden Orchard’s website, and you do so at your own risk. Once we receive your transmission, we will use reasonable efforts to ensure its security on our internal systems. Depending on the nature of the inquiry, your communication may be discarded or archived. If you wish, you may contact us instead via telephone at the numbers provided throughout Golden Orchard’s Resources.

OUR COMMITMENT TO CHILDREN'S PRIVACY
Protecting the privacy of children is very important to us. The Children’s Online Privacy and Protection Act of 1998 (“COPPA”) defines a “Child” as anyone under the age of 13. We do not collect or maintain information obtained through Golden Orchard’s Resources from those we actually know are under 13, and no part of Golden Orchard’s Resources is structured to attract anyone under 13. If we learn that a visitor is under 13 and has submitted personal information to us, we will delete that information promptly or seek verifiable parental or legal guardian consent to retain such information.

EXTERNAL LINKS
Golden Orchard’s website may provide links and/or ad banners to various websites or sponsors that we do not control for your convenience. When you click on one of these links, you will be transferred out of Golden Orchard’s website and connected to the website of the organization or company that you selected. We are not responsible for the nature, quality or accuracy of the content or opinions expressed in such websites, and such websites are not investigated, monitored or checked for quality, accuracy or completeness by us. Inclusion of any linked website on Golden Orchard’s Resources does not imply or express an approval or endorsement of the linked website by us, or of any of the content, opinions, products or services provided on these websites. Even if an affiliation exists between the Golden Orchard’s Resources and a third-party website, we exercise no control over the linked website. Each of these linked websites maintains its own independent privacy and data collection policies and procedures. While we expect our partners, advertisers and affiliates to respect the privacy of our users, we cannot be responsible for the actions of third parties. If you visit a website that is linked to Golden Orchard’s Resources, we encourage you to consult that website’s privacy policy before providing any personal information and whenever interacting with any website.

CONSENT AND JURISDICTION
Golden Orchard’s Resources are controlled, operated and administered entirely within the United States. By using Golden Orchard’s Resources, you signify your agreement to the terms of this Policy. If you do not agree with this Policy, please do not disclose any personal information through Golden Orchard’s Resources. This Policy and the use of Golden Orchard’s Resources are governed by Tennessee law. Any claim related to Golden Orchard’s Resources or this Policy shall be brought in a federal or state court in Nashville, Tennessee, within one year after the claim arises. Users of Golden Orchard’s Resources consent to the jurisdiction and venue of such courts as the most convenient and appropriate for the resolution of disputes concerning this Policy. This Policy and the notices outlined herein are not intended to and do not create any contractual or other legal rights in or on behalf of any third party.

MODIFICATIONS TO OUR PRIVACY NOTICE
We may change, modify, add and/or delete all or portions of this Policy at any time, at our discretion, and modifications are effective upon being posted on Golden Orchard’ Resources. If we decide to change this Policy, we will post those changes on the home page of Golden Orchard’s Resources and any other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. You are responsible for reviewing this Policy periodically to ensure that you are aware of any changes to it. If we make material changes to this Policy, we will notify you by means of a notice on the Golden Orchard’s website’s home page.


NOTICE OF PRIVACY PRACTICES

Effective September 23, 2013

THIS NOTICE DESCRIBES HOW HEALTH INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

Golden Orchard Living is required by law to maintain the privacy of Protected Health Information (“PHI”) and to provide you with notice of our legal duties and privacy practices with respect to PHI. References to “Golden Orchard Living,” “we,” and “our” include Golden Orchard Living Senior Living Inc., and the members of its affiliated covered entity. An affiliated covered entity is a group of organizations under common ownership or control who designate themselves as a single affiliated covered entity for purposes of compliance with the Health Insurance Portability and Accountability Act (“HIPAA”). Golden Orchard Living, its employees, workforce members and members of the Golden Orchard Living affiliated covered entity who are involved in providing and coordinating health care are all bound to follow the terms of this Notice of Privacy Practices (“Notice”). The members of the Golden Orchard Living affiliated covered entity will share PHI with each other for the treatment, payment and health care operations of the affiliated covered entity and as permitted by HIPAA and this Notice. For a complete list of the members of Golden Orchard Living’s affiliated covered entity, or if you have questions about this Notice, please contact Golden Orchard Living’s Privacy Officer at 877-400-5296.

PHI is information that may identify you and that relates to your past, present, or future physical or mental health or condition, the provision of health care products and services to you or payment for such services. This Notice describes how we may use and disclose PHI about you, as well as how you obtain access to such PHI. This Notice also describes your rights with respect to your PHI. We are required by HIPAA to provide this Notice to you.


Golden Orchard Living is required to follow the terms of this Notice or any change to it that is in effect. We reserve the right to change our practices and this Notice and to make the new Notice effective for all PHI we maintain. If we do so, the updated Notice will be posted on our website and will be available at our facilities and locations where you receive health care products and services from us. Upon request, we will provide any revised Notice to you.

HOW WE MAY USE AND DISCLOSE YOUR PHI
The following categories describe the ways that we may use and disclose your PHI without your prior authorization. Not every permissible use or disclosure will be listed in this Notice. Note that some types of PHI, such as HIV information, genetic information, alcohol and/or substance abuse records, and mental health records may be subject to special confidentiality protections under applicable state or federal law and we will abide by these special protections.

USES AND DISCLOSURES OF PHI THAT DO NOT REQUIRE YOUR PRIOR AUTHORIZATION
1. For Treatment. We may use your PHI to provide and coordinate the treatment and services you receive. We may disclose PHI to our nurses, resident care associates, therapists, life enrichment staff or other staff who are involved in your care. For example, if you were diabetic, a resident care associate might need to inform the dining services specialist that you require a carbohydrate-controlled diet. We may also disclose your PHI to people outside the community who may be involved in your care. For example, we may disclose your PHI to physicians, or other health care providers or facilities to help coordinate your care and make sure that everyone who is involved in your care has the information that they need about you to meet your health care needs.
2. For Payment. We may use and disclose your PHI in order to obtain payment for the treatment and services that we provide to you and for other payment activities related to the services that we provide. For example, we may need to give your insurance company information about the health care services we provide to you and/or information such as your admission date so that your insurance company will pay us for those services or reimburse you for amounts that you have paid. We may also disclose your PHI to other health care providers or HIPAA covered entities who may need it for their payment activities.
3. For Health Care Operations. We may use and disclose your PHI for our health care operations. Health care operations are activities necessary for us to operate our health care business. For example, we may use your PHI to review our services and to evaluate the performance of our staff. We may use your PHI as part of our efforts to continually improve the quality and effectiveness of the health care products and services we provide. We may also use your PHI for strategic planning, claims reporting and in developing and testing our information systems and programs. We may also disclose your PHI to other HIPAA covered entities that have provided services to you so that they can improve the quality and effectiveness of the health care services that they provide. We may use your PHI to create de identified data which is stripped of your identifiable data and no longer identifies you.

WE MAY ALSO USE AND DISCLOSE YOUR PHI WITHOUT YOUR PRIOR AUTHORIZATION FOR THESE PURPOSES
1. Business Associates. There are some services we provide through contracts with third parties who perform services on our behalf. These third party service providers, referred to as Business Associates, may include medical directors, outside attorneys, billing services and auditors. Business Associate may need access to your PHI to perform services for us and they are required by contract and law to protect your PHI and only use and disclose it as necessary to perform their services for us.
2. Health Benefits. We may contact you to provide appointment reminders or information about treatment alternatives or other health benefits that may be of interest to you.
3. Fundraising. As permitted by applicable law, we may contact you to provide you with information about our fundraising programs. You have the right to “opt out” of receiving these communications and such fundraising materials will explain how you may request to opt out of future communications if you do not want us to contact you further for fundraising efforts.
4. Directory. We may include information about you in the Community Directory while you are a resident. This information may include your name, location in the community, your general condition (e.g., fair, stable, etc.) and your religious affiliation. The directory information, except for your religious affiliation, may be disclosed to people who ask for you by name. Your religious affiliation may be given to a member of the clergy, such as a priest or rabbi, even if they don’t ask for you by name. We have this directory so your family, friends and clergy can visit you and generally know how you are doing. If you do not want to be included in our directory or you want to restrict the information we include in the directory, please notify the Privacy Officer.
5. Disclosures to Family, Friends or Others Designated by You. We may disclose your PHI to a close friend, family member or other relative, or a person you designate, who is involved in your care or payment for your care, to the extent that the information is relevant to their involvement in your care. An example of this is if a family member transports and assists you with physician visits and staff gives them PHI necessary for a physician visit. If there is a person to whom you do not wish us to disclose the above information, please notify the Privacy Officer. We may also use or disclose your PHI to notify (or assist in notifying) a family member, legally authorized representative or other person responsible for your care of your location, general condition or death.
6. For Disaster Relief. We may use and disclose your PHI to organizations for purposes of disaster relief efforts.
7. Public Health Activities. As required by law, we may disclose your PHI to public health, or legal authorities charged with preventing or controlling disease, injury or disability.
8. Correctional Institution. If you are or become an inmate of a correctional institution, we may disclose to the institution, or its agents, PHI necessary for your health and the health and safety of other individuals.
9. Victims of Abuse, Neglect and Domestic Violence. In certain circumstances, we may disclose your PHI to appropriate government authorities if there are allegations of abuse, neglect or domestic violence.
10. Health Oversight Activities. We may disclose PHI to a health oversight agency so they can monitor, investigate, inspect and license us, those who work in the health care system and for government benefit programs.
11. Judicial or Administrative Proceedings. In the course of a judicial or administrative proceeding, we may disclose your PHI in response to a court or administrative order or pursuant to other lawful process if certain assurances regarding notice to the individual or a protective order are provided.
12. Law Enforcement. We may disclose your PHI for law enforcement purposes as required or permitted by law, for example, in response to a subpoena or court order, in response to a request from law enforcement, and to report limited information in certain circumstances.
13. Coroners, Medical Examiners and Funeral Directors. We may disclose your PHI to coroners, medical examiners or funeral directors so that they can carry out their duties related to your death, as permitted by law.
14. Organ and Tissue Donation. Consistent with applicable law, we may disclose your PHI to organ procurement organizations or other entities engaged in the procurement, banking, or transplantation of organs for the purpose of tissue donation and transplant.
15. Research. We may use your PHI to conduct research and we may disclose your PHI to researchers as authorized by law. For example, we may use or disclose your PHI as part of a research study when the research has been approved by an institutional review board or privacy board that has reviewed the research proposal and established protocols to ensure the privacy of your information.
16. To Avert a Serious Threat to Health or Safety. We may use or disclose your PHI to prevent a serious threat to your health and safety or the health and safety of the public or another person.
17. Essential Government Functions. We may disclose your PHI for certain essential government functions authorized by law. For example, if you are a member of the armed forces, we may release PHI about you as required by military command authorities. We may release your PHI for national security purposes.
18. Workers' Compensation. We may disclose your PHI to workers' compensation or other similar programs established by law to the extent necessary to comply with the law.
19. As Required By Law. We will disclose PHI about you when required to do so by federal, state or local law.

OTHER USES AND DISCLOSURES REQUIRING YOUR PRIOR AUTHORIZATION
Specific Uses or Disclosures Requiring Authorization. We will obtain your written authorization for the use or disclosure of psychotherapy notes, use or disclosure of PHI for marketing, and for the sale of PHI, except in limited circumstances where applicable law allows such uses or disclosure without your authorization.
Other Uses and Disclosures of PHI. We will obtain your written authorization before using or disclosing your PHI for purposes other than those provided for above (described in this Notice or as otherwise permitted or required by law). You may revoke an authorization in writing at any time. Upon receipt of the written revocation, we will stop using or disclosing your PHI, except to the extent that we have already taken action in reliance on the authorization.

YOUR HEALTH INFORMATION RIGHTS
1. Right to Inspect and Copy. You have the right to inspect and copy the PHI that we maintain about you. If we maintain an electronic health record containing your PHI, you have the right to request to obtain the PHI in an electronic format. To inspect or obtain a copy of your PHI, you must submit your request in writing to the Privacy Officer. You may ask us to send a copy of your PHI to other individuals or entities that you designate. We may deny your request to inspect and copy in certain very limited circumstances. If this occurs, you may request that the denial be reviewed.
2. Right to Request an Amendment. If you feel that PHI maintained about you is incorrect or incomplete, you may request that we amend it. Requests to amend should be submitted in writing to the Privacy Officer. You must include a reason that supports your request. If we deny your request for an amendment, we will provide you with a written explanation of why we denied it.
3. Right to Accounting of Disclosures. You have the right to request a list of the certain disclosures made of your PHI in the six years prior to the date of your request, to individuals or entities other than you. To request an accounting, you must submit your request in writing to the Privacy Officer and your request must specify a time period. The first accounting you request within a 12-month period will be free. For additional accountings within the 12-month period, you may be charged for the cost of providing the list. We will notify you of the cost involved and you may choose to withdraw or modify your request at that time before any costs are incurred.
4. Right to Request Restrictions. You have the right to request a restriction or limitation on our use or disclose of your PHI for treatment, payment or health care operations. You also have the right to request a limitation on the PHI we disclose about you to someone who is involved in your care or the payment for your care. If we agree, we will comply with your request unless the information is needed to provide emergency treatment. We are not required to agree to the restrictions except in the case where the disclosure is to a health plan for purposes of carrying out payment or health care operations, is not otherwise required by law, and the PHI pertains solely to a health care item or service for which you, or a person on your behalf, has paid in full. To request restrictions, submit your request in writing to the Privacy Officer using our request form.
5. Right to Request Alternate Means or Locations of Communications. You have the right to request that we communicate with you about your health matters in a certain way or at a certain location. For example, a legally responsible party could ask that we contact them only at work or by email. Please note that if you choose to receive communications from us via email or other electronic means, those may not be a secure means of communication and your PHI that may be contained in our emails to you will not be encrypted. This means that there is risk that your PHI in the emails may be intercepted and read by, or disclosed to, unauthorized third parties. To request confidential communication of your PHI, submit your request in writing to the Privacy Office. Your request must tell us how or where you would like to be contacted. We will accommodate all reasonable requests. However, if we are unable to contact you using the ways or locations you have requested, we may contact you using the information we have.
6. Right to a Paper Copy of This Notice. You have the right to a paper copy of this Notice even if you have agreed to receive the Notice electronically. You may ask us to give you a copy of this Notice at any time. To obtain a paper copy of this Notice, contact the Privacy Office. You may also obtain a copy of this Notice at our website, www.GoldenOrchardLiving.com.
7. Notification of a Breach. You have a right to be notified following a breach of your unsecured PHI, and we will notify you in accordance with applicable law.

CHANGES TO THIS NOTICE

If you believe your privacy rights have been violated, you may complain to us or to the United States Department of Health and Human Services. To complain to us, please contact the Privacy Officer at Golden Orchard Living , 890 East Orchard Rd, Centennial, CO, 80121, or call +1 (719) 284-2888. They will assist you in making a complaint. All complaints must be submitted in writing. There will be no retaliation against you for making a complaint. We reserve the right to change the terms of this Notice and to make the new provisions effective for all PHI we maintain. We will post a copy of the current Notice in the community and on the website (www.GoldenOrchardLiving.com). The Notice will specify the effective date on the first page. In addition, if material changes are made to this Notice, the Notice will contain an effective date for the revisions. Copies can be obtained by contacting the Privacy Office.