(Last Updated: April 10, 2017)
Collection and Use of Information
We may collect this information on application forms and other forms you complete, through conversations you may have with our loan professionals and our other representatives, and in some cases, over our website. We may also collect information from a wide range of other sources in order to process and/or underwrite your loan. These sources may include, among others, employers, attorneys, banks, title insurers, insurance companies and credit reporting agencies.
Information Collected Using Cookies and other Web Technologies. Like many website owners and operators, we use automated data collection tools such as Cookies and Web Beacons to collect certain information.
“Web Beacons” (also known as Web bugs, pixel tags or clear GIFs) are tiny graphics with a unique identifier that may be included on our Services for several purposes, including to deliver or communicate with Cookies, to track and measure the performance of our Services, to monitor how many visitors view our Services, and to monitor the effectiveness of our advertising. Unlike Cookies, which are stored on the user’s hard drive, Web Beacons are typically embedded invisibly on web pages (or in an e-mail).
Information Related to Use of the Services. Our servers automatically record certain information about how a person uses our Services (we refer to this information as “Log Data”), including both Account holders and non-Account holders (either, a “User”). Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Services, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services that a User clicked on and other statistics. We use Log Data to administer the Services and we analyze (and may engage third parties to analyze) Log Data to improve, customize and enhance our Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to generate aggregate, non-identifying information about how our Services are used.
We generally may use and disclose information collected through cookies, web beacons, and similar tracking technologies in order to provide the Services and for purposes of site functionality (e.g., to remember your login information), but we generally reserve the right to use and disclose personal information obtained through these means for any lawful purpose, including, but are not limited to:
- Authentication: To recognize you if you are logged in to your account so we can personalize your experience and show you the right information.
- Security: To support or enable security features we have deployed, and to help us detect malicious activity and violations of our Terms and Conditions.
- Preferences, Features and Services: To know which language you prefer and what your communications preferences are. Cookies also help you fill out forms on our websites and provide you with features, insights and customized content through our plugins.
- Advertising: To show you advertising both on and off our websites.
You may be able to “opt-out,” disable or restrict some cookies or similar information gathering tools, such as through your web or other browser settings or through third-party mechanisms. However, not all cookies or other tools are so controlled and not all “opt-out” or similar mechanisms work on all browsers or access devices. Even effective opt-out opportunities can become ineffective over time or as technologies or browsers change. You can find more information about cookies and your ability to control their use at http://www.allaboutcookies.org/ or by reviewing your browser or access device settings. Although such information should be helpful, we do not control or guarantee its accuracy or that it will be effective with respect to all information gathering tools or in all circumstances.
Information Sent by Your Mobile Device. Certain mobile devices transmit data that can be used to identify the device. Mobile devices also typically transmit caller ID data when used to transmit a telephone call or text message. The Services may collect, use, transmit, process and maintain unique identifiers, caller ID data, location-based data, and similar information when you rely on mobile devices, including to provide the services you request and improve your experience with the Services. The Services also may require collection of your mobile phone number in order for you to participate in certain services or features and that number may be associated with such information.
When you first launch any of our mobile applications, you may be asked to consent to the application’s collection of location information. If you consent, information regarding your location may be transmitted to us and/or to third parties in order to provide Services to you.
Location Information. When you use our Services, we may collect and store information about your location by converting your IP address into a rough geo-location or by accessing your mobile device’s GPS coordinates or coarse location if you enable location services on your device. We may use location information to improve and personalize our Services for you. If you do not want us to collect location information, you may disable that feature on your mobile device. In some circumstances, we may not be able to provide our Services without this location information, which means that you may not be able to use our Services if you do not provide your consent.
If you initially consent to our collection of location information and change your mind, you can revoke your consent by changing the preferences on your mobile device. You also may stop our collection of location information by following the standard uninstall process to remove all of our applications from your device.
Information that We Share with Third Parties
We will not share any Personal Information that we have collected from or regarding you except as described below:
Information Shared with Our Services Providers. We may engage third-party services providers to work with us to administer and provide the Services and to assist us with the day to day operations of our business in the administration, processing, servicing and sale of your loan. These third parties include, but are not limited to, title companies, appraisers, credit reporting agencies, insurance companies, underwriting services, processing services, printing companies, software providers, marketing services and purchasers of loans. These third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.
Information Shared in Connection with the Sale of a Loan. If you enter into a loan, Clara may sell your loan to a third-party financial institution. We may share your Personal Information with such third-party financial institutions only in relation to the sale of your loan.
Information Shared with Third Parties. We may share aggregated information and non-identifying information with third parties for industry research and analysis, demographic profiling and other similar purposes. We may also share your Personal Information and other information regarding your loan application to a third party to the extent you permit them to access your information through the Services (each, a “Permitted Party”). If you wish to stop sharing such information with a Permitted Party, please submit a request through the Services. Please note, however, that we cannot retract any information that has already been shared with a Permitted Party. We encourage you to use your judgment in sharing such information with others.
Information Disclosed in Connection with Business Transactions. Information that we collect from our users, including Personal Information, is considered to be a business asset. Thus, if we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
We offer you choices regarding the collection, use and sharing of your Personal Information and we’ll respect the choices you make. Please note that if you decide not to provide us with the Personal Information that we request, you may not be able to access all of the features of the Services.
Opt-Out. We may provide notifications to you that are required by law or that are for marketing or other business-related purposes. Subject to applicable law, we may provide such notifications to you via email, hard copy, or through conspicuous posting on our websites or the software on your mobile device. We reserve the right to determine the form and means of providing notifications to you.
If you do not want us to share your personal information with third parties for our or their direct mail marketing purposes, or if you do not want us to send you offers or promotions through direct mail, please send us an email at email@example.com with “Direct Mail Opt-Out” in the subject line or manage those settings through your Account.
If you do not want us to send you emails regarding offers and promotions, please follow the “unsubscribe” instructions at the bottom of those emails.
Please note that even if you exercise one or more of the options above, we may still communicate with you by phone, and electronic and direct mail as necessary to provide you with services or information that you have requested.
Modifying Your Information. If you have questions about the information associated with your Account (including your Personal Information), please call 844-846-7948 or email firstname.lastname@example.org so that we may assist you.
Responding to Do Not Track Signals
Our Site does not have the capability to respond to “Do Not Track” signals received from various web browsers.
The Security of Your Information
We take commercially reasonable administrative, physical and electronic measures designed to protect the information that we collect from or about you (including your Personal Information) from loss, misuse, or unauthorized access, disclosure, alteration or destruction. These measures include procedures for controlling access to customer files, building security programs and information technology security measures such as the use of passwords, firewalls and virus and use detection software. We continue to assess new technology as it becomes available and to upgrade our physical and electronic security systems as appropriate. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. WE ACCORDINGLY DO NOT GUARANTEE THE SECURITY OR CONFIDENTIALITY OF PERSONAL INFORMATION AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, DUTIES OR CONDITIONS IN THAT REGARD. If any applicable law imposes on us a duty with respect to these matters that cannot be disclaimed, you acknowledge and agree that our commercially reasonable precautions shall be considered to satisfy that duty unless (and only unless) we have engaged in willful misconduct.
While we strive to protect your personal information, please also note that you have a role in the security of your personal information. For example, you should not provide us with personal information that we do not request; you are responsible for controlling access to any personal computing device through which your personal information may be stored or accessed; and you are responsible for safeguarding any passwords or other log-in credentials to may be used to access to your personal information. If you provide us with information through our websites, you must use a secure socket layer enabled browser, because we use industry standard secure socket layer encryption to protect the security of your information when it is transmitted over the Internet.
We urge you to take every precaution to protect your personal data when you are on the Internet. We suggest that, at a minimum, you change your passwords often, that your passwords include a combination of letters, numbers and special characters, and that you make certain you are using a secure browser. Products and services are available which can help give you privacy protection while navigating the Web.
Links to Other Sites
Your Personal Information may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you’re located outside the United States and choose to provide your Personal Information to us, we may transfer your Personal Information to the United States and process it there.
Our Policy Toward Children
No part of the Services is designed or directed to children. To use or provide personally identifiable information through the Services you must be at least thirteen (13) years of age. If you are under 13, please do not send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from a person under age 13, we will delete that information promptly. If you believe that we might have any information from or about a person under the age of 13, please contact us as described below (see “Questions”).