Information We Collect
The information we collect from you is used by us to provide our products and services and comply with any applicable legal and regulatory requirements. Any non-public information we may collect from you, whether or not you become a client, is personally identifiable information. Personally identifiable information may include:
- Information that identifies you, such as your name, age, address, phone number, and social security number;
- Information about your employment; and
- Information about your financial circumstances, such as income, assets, liabilities, savings, investments, or information about your business.
In most cases, this information is collected through an application or other forms you may complete during our lending process or through conversations you may have with our representatives in person, by phone, email, or other form of communication. We may also obtain information from various other sources in order to process your loan. Other sources may include, but are not limited to title insurers, insurance companies, employers, credit reporting agencies, and others.
In context with your overall financial circumstances, we will use the information you provide to obtain a credit report from a credit bureau to assist our underwriters in reviewing your loan request. In addition, we will also use required and optional information you provide to facilitate transactions which take place during the lending process.
We also collect names and the email address of individuals who contact us through our website with any questions. This information is collected only to allow for our response to such inquiries and this information is not stored by us unless requested by the individual who submits the information.
Protection of Your Personal Information and Your Privacy
We only allow access to your personal information to those employees and agents who have a need to know the information so we may provide products and services to you. Physical, electronic, and procedural safeguards are maintained in compliance with applicable regulations.
The protection of your information is of utmost importance to us. We will continue to use commercially reasonable methods to keep nonpublic personal information securely in our system. We cannot ensure the security of any information you send to us through an unsecure environment, for example through email or as an attachment to an email. Email is not typically protected and is susceptible to being accessed and viewed by others. Because of this, we strongly recommend that you do not send us confidential information through unsecured email.
Who Sees Your Information?
When you use our website, we do not share any of your non-public personal information with any third-party, except (1) where such party needs to know your information, as is required under agreements with our third-party vendors to perform the services you request; (2) with your permission; (3) as required by law or regulation; (4) to share products and services with you, any updates to services and products, or promotional offers; and (5) in unique circumstances where we determine that such disclosure is necessary to bring action against those who violate our policies, cause injury or interfere with our operations or others or where we reasonably determine such disclosure is required to provide our services.
Information We Collect When You Browse Our Website
While you access our website, we do not obtain information about your identity. However, we do collect information about your computer and your visits to our website, such as your IP address, geographical location, browser type, referral source, length of visit and page views through the use of log files. Through our service providers, we aggregate this information to improve our website's usability and evaluate the success of any marketing/advertising campaigns, internet optimization strategies, or other marketing activities. Although we collect this information, your identity remains anonymous to us. Only upon applying for a loan with us directly or through a broker will we collect any personally identifying information about you.
We keep your information while your account is active or as needed to provide you with our services. This information is kept only as long as necessary to comply with our legal obligations.
There are two types of cookies used on our website, session ID cookies and persistent cookies. Session ID cookies make it easier for you to use our website and terminates when you close your browser. Persistent cookies remain on your hard drive for an extended period of time. Persistent cookies may be removed by following the directions provided by your internet browser. Persistent cookies allow us to customize your experience on our site. If you choose to reject cookies you may still access our website, however, your ability to utilize some portions of our website will be limited.
Web beacons, also known as clear gifs or web bugs, is software technology that helps us manage and determine what content is effective. Web beacons are small graphics with a unique identifier that is used to track your movements on our website.
We may use web beacons to collect information to improve your experience using our website, as well as monitor the success of any advertising campaign and related user activity. Personal and/or sensitive information is not shared with advertising partners, although some advertising partners may collect incoming IP addresses in connection with your visit to our website.
If you apply for a loan or create an account through our website, you will occasionally receive email notification from us. Where such notices are required by law, you cannot opt out from receipt of such notice. These notices may be triggered when we make changes to our documents, agreements, policies, for protection from unauthorized access of your information, and to provide an update to the status of any transaction you may have with us.
Change of Control
The non-public personal information you provide to us may be transferred where we engage in a sale, merger, transfer, exchange, or other disposition of all or a portion of our business. This change of control may take place through the transfer of assets, stock, or otherwise.
Users may find advertising or other content on our website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.
Data transmitted between our servicers and internet browsers accessing our website are protected against unauthorized access or interception by use of Secure Sockets Layer ("SSL") protocols. To access our website, you are required to run an SSL-capable browser. We use commercially reasonable methods to keep nonpublic personal information securely in our systems. However, with technology that is currently available, no one can guarantee the security of your data as it travels through the internet. For encryption protection, we use 128-bit secure browsers for login and any transactions. Our application process uses CAPTCHA technology tests to confirm a transaction is being performed by a human being instead of a computer. We periodically audit our security systems to ensure the information you provide is thoroughly protected and secure.
In addition, we utilize session timeouts to protect your information. You are automatically locked out of our site after a certain period of inactivity to reduce the risk of unwanted users being able to access your account if your computer is left unattended.
California Do Not Track Notice
Pursuant to California law, website operators must disclose how they respond to web browser "do not track" signals or other means that allow consumers to choose whether to allow the collection of personal information about online activities over time and across third party websites, to the extent the web browser engages in the collection of this information. We do not track your personal information over time or across third-party websites and this requirement does not apply to us.
California also requires website operators to provide whether they allow third parties to collect personal information about a user's online activities over time and across different websites when a user uses the website operator's website. In the event we allow third parties to provide content or services on our site, the third parties may obtain information about your browsing or usage habits but this information does not include personal information. We do not knowingly permit any third parties to collect any user personal information through our site unless the user directly provides such permission to us and we provide this information to a third-party with your consent.
California Consumer Privacy Act (CCPA)
State and Federal Law Compliance
Compliance with Children's Online Privacy Protection Act (COPPA)
Protecting the privacy of the very young is especially important. For that reason, we never collect or maintain information on our website from those we actually know are under 13, and no part of our website is structured to attract anyone under 13.
Your Acceptance of these Terms
How to Protect Yourself
We take the protection of your information seriously. In addition, there are other steps you can take to protect yourself, for example:
- Choosing a complex password that is not based on information others can easily learn about you;
- Change your password often;
- Installing firewall software and antivirus protection to safeguard your computer from external attacks by outside users;
- When finished using our website, log out of your account and close your browser window; and
- Clear your browser's cache file when you're done using our website.
Always be mindful of phishing scams. Phishing is where an attacker sends a fraudulent email to trick the victim in to revealing sensitive information. Be careful to never provide your website login information in a response to an email, physical mail, or a phone call from someone claiming to be from Excelerate. To avoid this, go to our website to ensure you know who you are connecting with.
Update or Correct Your Information
In the event you would like to update any information you provide to us we will attempt to provide you with the ability to do so. During the application process, you may update your information at any time prior to application submittal. The information you submit to us online in a submitted application cannot be updated through our online system. If you would like to update your information, please contact us using the contact information below.
You can access most of the personal information we collect from you by visiting your account on our website. Your account is password-protected to safeguard your information. In your account you can update your password, email address, and other information at any time. If you need to change other information, please contact us using the contact information below.
Email and Text Message Policy
Castle Mortgage Corporation dba Excelerate Capital ("us," "we," or "our") offers various ways to communicate with our representatives to make sure your experience with us is as convenient as possible. In addition to speaking with us by phone, we may also provide communication to you through email, text messages, and other forms of communication.
Email and text messages you receive from us is conditioned upon your agreement to the following Email and Text Message Policy.
Communicating with us through email can be convenient but the effectiveness of email messages is often limited and at times may be brief and informal. Due to various forms of simultaneous communication and other limiting factors, emails may not provide an accurate representation of our relationship with regard to obtaining a loan. Typically, our communication may be performed through various forms of communication, including email, phone calls, text messages, letters, in-person conversations, and other forms. An email, by itself, may not accurately represent our entire communication or our intentions and may be susceptible to being taken out of context. All official matters with regard to a loan should be confirmed in a signed writing.
Receipt of Your Email
Sending us an email does not constitute putting us on notice of any matters included within a particular email. Time-sensitive information may not be received or reviewed by us in a timely manner. Emails sent to us undergo virus and spam filters which may delay and/or reject receipt of certain emails. In the case of an urgent communication, please reach out to us by telephone and confirm the call in writing through email or other form.
Email Monitoring and Unsecure Emails
Email uses the internet which is an open system and we cannot guarantee that email messages you send to us, or we send to you, are secure, complete, or free from viruses or that an email will not be lost, intercepted, destroyed, delayed, or prevented from reaching us. We advise against sending any time-sensitive or personally identifiable information through email and we disclaim any and all liability with regard to any email if such email is lost, intercepted, destroyed, delayed, or prevented from reaching us.
All incoming and outgoing emails from us is subject to our monitoring by individuals who are not the specified recipient or sender whether or not any notice of such monitoring is given to the recipient or sender. We also may record or monitor other communication you have with us through other forms of communication, such as our website, text messages, social media, telephone, etc. Your use of forms of communication with us is your consent to the recording and monitoring of this communication.
Viruses and Emails from Us
A computer virus can be transmitted through email, attachments, and links embedded in emails. Although we believe our emails are free of any viruses or other defects that might affect a receiving computer system that receives such message, it is the recipient's responsibility to make sure that any email they open is free of viruses or other defects. We are not responsible for any loss or damage arising in any way from the receipt, use, storage, or transmission of our emails. If we forward an email or reply to a previous email, the content of such email may include information created by someone other than us or our employees/agents and we assume no liability whatsoever for such information. WE DISCLAIM ANY REPRESENTATION OR WARARNTY THAT OUR EMAILS ARE VIRUS FREE AND/OR ERROR FREE. Any use of email to introduce any virus, malicious or disabling code, or to otherwise obstruct any of our emails, other communication, or computer systems is prohibited and in violation of the law. Violators will be prosecuted to the fullest extent of the law.
Electronic Signature Disclaimer
All emails received by you from us shall not constitute an electronic signature unless we provide explicit and specific language in the email stating otherwise. If you receive an email communication from us, such email is not intended to provide or confirm an interest rate lock, an unconditional loan commitment, an unconditional loan approval, unconditional qualification, or any unconditional offer or agreement for us to offer a loan. Documents and agreements, in most cases, are sent to you in a formal and signed writing from us.
Privileged and Confidential Information
Emails which include our legal and compliance departments may contain privileged information that is subject to the attorney/client privilege and/or the attorney/work product privilege. Any privilege attached to this information will not be waived if you inadvertently receive such information through email. If you receive an email and you are not the intended recipient, please notify the sender and delete or destroy the communication. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is prohibited.
Email Content Disclaimer
We disclaim any and all liability, which includes responsibility based upon negligence or negligent misstatement, for the correctness, comprehensiveness, or reliability of the data and information provided through our emails and we make no warranty, express or implied, with respect to such data or information.
TEXT MESSAGING POLICY
You understand and agree that we are not, and shall not be, responsible for the effect of any deficiencies that may exist or come to exist on our website or our operations in connection with text messaging. To the maximum amount permitted by law, we hereby expressly disclaim all warranties of any kind, express or implied, including, but not limited to, the implied warranty of merchantability and fitness for a particular purpose.
You understand, represent, and agree that you are the authorized user of the account for the telephone number you provided to us for communication. You must notify us immediately if you change your telephone number and you agree to indemnify us or any party communicating with the phone number you provided to us in full for any and all claims, expenses, and damages resulting from the Telephone Consumer Protection Act. If you wish to opt out from receiving text messages from us, please
Provisions Applicable to Text Message and Email Policies
By providing your email address and/or agreeing to use text messaging as a form of communication with us, you agree that the laws of the State of California, without regard to principals of conflict of laws, will govern this communication and any dispute that may arise therefrom. You also agree that any action at law or in equity resulting from this communication shall only be filed in the state or federal courts located in Orange County, California, and you consent to submit to the personal jurisdiction of such courts for the litigation of any such action.
Disclaimers and Licenses
We are an Equal Housing Lender and fully comply with the Equal Credit Opportunity Act (ECOA) and all other Federal regulations. All applicants applying for credit from Caste Mortgage Corporation dba Excelerate Capital will never be discouraged on the basis of race, color, religion, national origin, sex, military status, marital status, age, or because you receive public assistance. Castle Mortgage Corporation is a licensed mortgage lender.
Reservation of Rights
We reserve all rights as to our content in all of our emails and text messages. Reproduction, use, or distribution requires our prior express written permission. The only statements that may be published and attributable to us are those issued by the Company's President or other executive officers.
To Stop Receiving Text Messages from Us
If you no longer wish to receive text messages from us, you may unsubscribe by texting the word STOP in response to any text messages you have received from us. Once we confirm you no longer wish to receive text messages you will receive a final confirmation of your election and will no longer receive future text messages.
Inquiries About Text Messages or Emails
Effective Date: January 1, 2021
Any business that collects a California consumer's personal information must inform consumers of the categories of personal information collected and the purpose for which the categories of personal information shall be used.
The CCPA gives California residents the right to know about information collected, disclosed, or sold, the right to opt out of the sale of certain information, and a limited right to have businesses delete information collected about the consumer. These rights only extend to California residents and information specifically covered under the CCPA. The CCPA does not cover all consumer data in all situations and only certain consumer data is subject to these rights.
Information We Collect
Our website may collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). More specifically, our website may have collected the following categories of personal information form California consumers since January 1, 2020, the effective date of the CCPA:
|Category of Personal Information||Examples (not all will be collected)||Collected|
|A. Identifiers||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code Section 1798.80(e))||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||YES|
|D. Commercial Information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric Information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||YES|
|G. Geolocation Data||Physical location or movements.||YES|
|H. Sensory Data||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information||Current or past job history or performance evaluations.||YES|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||YES|
|K. Inferences drawn from other personal information||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||NO|
We obtain the categories of information provided above from the following sources:
- through our website;
- when a consumer acquires a product or a service from us;
- when signing up for communications from us;
- when entering promotions or sweepstakes offered by us;
- through telephone or web-based surveys, online chat, customer service correspondence or general feedback;
- when applying for a position with us;
- third parties such as lead buy partners, data brokers and credit bureaus; and
- using web technologies.
The following does not constitute personal information:
- Information outside of the scope of the CCPA, for example:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data.
- Personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
- De-identified or aggregated consumer information.
- Information from government records that is publicly available.
Your Data and Our Third Parties
Below are the parties with whom we could share your data and what information might be shared.
|Service Providers||Affiliates||Mortgage partners||Partner companies||Regulators|
|Personal information categories||YES||YES||YES||YES||NO|
|Protected classification characteristics||YES||YES||YES||YES||NO|
|Internet or other similar network activity||YES||YES||NO||NO||NO|
|Professional or employment-related information||YES||NO||YES||YES||NO|
|Non-public education information||YES||NO||NO||NO||NO|
|Inferences drawn from other personal information||YES||YES||YES||YES||NO|
Our potential uses for your data:
- Fraud detection;
- Internal Research;
- Marketing (unless you previously opted out);
- Prepopulate info when applicable for ease of use;
- Providing Services; and
- Quality Control;
Purposes for which we might share your data with third-parties:
- Business Purposes;
- Detecting Fraud;
- Internal Research;
- Providing Services; or
- Quality Control.
If you provide your prior consent, we will share your personal data with third parties for the following reasons:
- Marketing; and
- Pre-populating your information for ease of use.
If you have previously agreed to allow us to share your data and now wish to opt-out, please contact us.
Sales of Personal Information
We have not sold personal information since January 1, 2020, the effective date of the CCPA.
Your California Privacy Rights
We do not share personal information (as defined by California Civil Code Section 1798.83) with other people or non-affiliated businesses for their direct marketing purposes. Our website does not respond to browser do-not-track signals.
Under the California Consumer Privacy Act of 2018 ("CCPA"), California consumers have the right to request:
- The deletion of the personal information we have about them;
- Additional information about whether and how we have collected, used, disclosed, and sold personal information about them; and
- The specific pieces of information we have about them.
California consumers also have the right not to receive discriminatory treatment if they exercise the rights listed above.
How to Submit a Verifiable Consumer Request to Know, Delete, or Opt-Out
For a request to be acknowledged, you may call our toll-free number at (855) 455-7026 or send an email to firstname.lastname@example.org. After submitting a request, we will verify your identity by matching the identifying information provided to you to the personal information already maintained by us, or in cases where your request requires a higher degree of certainty, we may use a third-party identity verification service to ask for a photo ID or for more information. Any information you provide us that is not already in our system will be deleted after your request has been fulfilled.
You may use an authorized agent to submit a request to know or a request to delete. If you use an authorized agent to submit a request to know or a request to delete, you must provide us with written permission from you giving the authorized agent permission to submit the request on your behalf, and you may be required to verify the authorized agent's identity with us. We may deny a request from an agent that does not submit proof that they have been authorized by the consumer to act on their behalf.
Changes to Our Privacy Notice
We reserve the right to amend this Privacy Notice at our discretion and at any time. When we make changes to this Privacy Notice, we will post the updated Privacy Notice on the website and update the Privacy Notice's effective date. Your continued use of our website following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments regarding this Privacy Notice, the way we collect and use your information describe above, your choices and rights regarding such use, or you wish to exercise your rights under California law, please contact us, as follows:
Phone: (855) 455-7026
Send a letter to us at:
Attn: Compliance Officer
4000 MacArthur Blvd., Suite 800
Newport Beach, CA 92660