Respecting Your Information

HOMES BY AVI TEXAS PRIVACY POLICY

At Homes by Avi Inc. ("Avi") we are committed to maintaining the accuracy, confidentiality and security of your personal information. This Privacy Policy describes the personal information that Avi collects from or about you, how we use and to whom we disclose that information.

This Privacy Policy applies to the personal information of all individuals, unless the personal information is related to an individual who seeks to be, is or was employed by Avi. Such information isdealt with in the "Homes by Avi Employee Privacy Policy".

Why we have a Privacy Policy

Avi believes in building and preserving relationships with our past, present and future customers. These relationships are built on trust, respect and serving your needs. Establishing that trust and respect in this relationship is done by telling you what information we require from you, how this information will be handled and used and how this information will be kept safe. We know that your personal information is a valued asset and we want you to know that we will treat it carefully.

What is Personal Information?

Personal information is any information about an identifiable individual, other than the person's business title or business contact information when used or disclosed for the purpose of business communications.

What Personal Information do we Collect?

We collect personal information from individuals who we may interact with which may be provided to us through a variety of means including oral, written and electronic communications. This includes interaction through our web site; at our show homes, sales centers and exhibitions; by way of market research and for the purpose of serving our customers.

The personal information we collect includes:

contact and identification information, such as your name, addresses, telephone number and email address; information related to the purchase or proposed purchase of a home including;

• -physical address

• -all plans, specifications, agreements, addendums, revisions, change orders, or any other information related to the construction of the home including general information on preferences, advisors and decision-makers, feed-back and information requested by or provided to you.

• -Personal financial, banking and insurance information

• -information about any remedial work or other work done to the home

• -information from third party contractors, suppliers, consultants, developers and lawyers who provide work or services directly to you or Avi

• -website specific information regarding requests and choices you may have made and other general information such as your IP address, "cookies", URL addresses and names of the immediate proceeding website you may have visited.

• -Market research information related to your choices, preferences and demographics

Why Do We Collect Personal Information?

Avi collects personal information to enable us to manage, maintain, and develop our business and operations, including:

• -to establish, maintain and manage our relationship with you so that we may provide you with, or receive from you, the products and services that have been requested;
• -Avi may be required from time to time to disclose your personal information to third parties. The purposes for such disclosure include, but are not limited to:
• -enrollment in the Program;
• -developer approval of the plans and specifications;
• -financing of the construction;
• -recording of Deed and Note with local and County offices
• -Internal Revenue Service
• -contractor conducting work on the home insofar as is necessary for any specific contractor to complete it work on the home;
• -warranty inspections and subsequent remedial work, if such work is covered by any warranty contained in the Purchase Agreement
• -to be able to review the products and services that we provide to you so that we may understand your requirements for our products and services as so that we may work to improve our products and services;
• -to be able to comply with your requests;
• -if you have contacted us through our website, or provided us other contact information in our efforts to market our products and services, we may also contact you via e-mail message or other media to:
• -respond to an inquiry or request for information;
• -thank you for contacting Homes by Avi;
• -welcome you to Homes by Avi and to its products and services;
• -explain new product offerings and features of our services;
• -notify you of special promotions;
• -communicate with you after the purchase of a home about your home and your use of our related products and services; and
• -contact you after the purchase of a home regarding warranty services
• -to protect us against error, fraud, theft and damage to our goods and property;
• -to enable us to undertake our environmental, health and safety activities, including incident planning, response and investigation;
• -to enable us to analyze market conditions; and
• -any other reasonable purpose to which you consent

How Do We Use and Disclose Your Personal Information?

We use and disclose your personal information:

• -for the purpose described in this Privacy Policy;
• -for any additional purposes for which we have obtained your consent to use or disclose your personal information;
• -Homes by Avi does not sell, rent, share or otherwise disclose mailing lists or other personal information obtained with any non-affiliated companies. However, your contact information may be available or provided to third-party service providers and contractors (such as the Website developer) that are contractually obligated to protect your information as disclosed in this Privacy Policy. In order to maintain accurate records concerning communications that Homes by Avi may have received from or sent to you, Avi may also indefinitely store any information that you provide to Avi.
• -We may use or disclose your personal information without your knowledge or consent where we are permitted or required by applicable law or regulatory requirements to do so.

When do we Disclose Your Personal Information?

We share your personal information with our employees, contractors, consultants and other parties who require such information to assist us with managing our relationship with you, including: third parties that provide services to us or on our behalf; third parties that assist Avi in the provision of goods and services to you; and third parties whose services we use to conduct our business.

In addition, personal information may be disclosed or transferred to another party during the course of, or completion of, a change in ownership of or the grant of a security interest in, all or a part of Avi through, for example, an asset or share sale, or some other form of business combination, merger or joint venture, provided that such party is bound by appropriate agreements or obligations and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of the Privacy Policy, unless you consent otherwise.

Further, your personal information may be used or disclosed:

• -as permitted or required by applicable law or regulatory requirements;
• -to comply with valid legal processes such as search warrants, subpoenas or court orders;
• -as part of Avi's regular reporting activities;
• -to protect the rights and property of Avi;
• -take precautions against liability;
• -during emergency situations or where necessary to protect the safety of a person or group of persons;
• -where the personal information is publicly available;
• -to respond to claims that your information violated the rights and interests of third parties;
• -to protect the security and integrity of the website;
• -to correct technical problems and malfunctions in the website; or
• -with your consent.

Your Consent is Important to Us

Your consent may be implied, deemed (using an opt-out mechanism) or express. Implied consent is consent that can reasonably be inferred from your action or inaction. For example, when you enter into an agreement with us, we will assume your consent to the collection, use and disclosure of your personal information for purposes related to the performance of that agreement and for any other purposes identified to you at the relevant time.

We assume that, unless you advise us otherwise, that you have consented to the collection, use and disclosure of your personal information as explained in this Privacy Policy. If we plan to use or disclose your personal information for a purpose not previously identified (either in the Privacy Policy or separately), we will endeavor to advise you of that purpose and obtain express consent before such use or disclosure. Express consent can be given orally, electronically or in writing.

Choice/Opt-Out

You may change or withdraw your consent at any time, except where it is required to fulfill our legal or contractual obligations and subject to reasonable notice, by contacting our local office using the contact information set out below. All communications with respect to such withdrawal or variation of consent should be in writing and addressed to our local office.

How is Your Personal Information Protected?

Avi endeavors to maintain physical, technical and procedural safeguards that are appropriate to the sensitivity of the personal information in question. These safeguards are designed to prevent your personal information from loss or unauthorized access, copying, use, modification or disclosure.

Updating Your Personal Information

It is important that the information contained in our records is both accurate and current. If your personal information happens to change during the course of your relationship, please keep us informed of such changes. We will endeavor to change that record.

Revisions to this Privacy Policy

Avi from time to time, may make changes to this Privacy Policy. We will post any revised version of this Privacy Policy on our website (www.homesbyavi.com) and we encourage you to refer back to it on a regular basis. This Privacy Policy was last updated on December 1, 2010.

Interpretation of this Privacy Policy

Any interpretation associated with this Privacy Policy will be made by our Privacy Officer. This Privacy Policy includes examples but is not intended to be restricted in its application to such examples, therefore where the word 'including' is used, it shall mean 'including without limitation'.

Austin Office: 815 Brazos Street, Suite 204, Austin, Texas 78701
Phone: (512) 382-5229 Fax: (512) 382-5949