Last updated: June 1, 2016
1. Who We Are and What We Do
We are in the business of lending funds for commercial purposes to real estate investors to finance the ownership, entitlement, development, or rehabilitation of real estate or for real estate-related purposes throughout the United States. As part of our business, we operate this website, (the “Site”). The Site provides information about our business, including investment or borrowing opportunities, and provides tools for our investors to log into their borrower or investor portal to check their account balances, make payments, make investment elections, receive communications or disclosures from us, and otherwise manage their accounts. We interact with people and business entities, such as potential and active investors and borrowers, through the Site and through other means.
If you are interacting with us on behalf of a business or other entity, then “you” refers also to the business or entity for which you are acting.
2. Types of Information We Collect
We collect two basic types of information – personal information and anonymous information – and we may use personal and anonymous information to create a third type of information, aggregate information.
“Personal information” means information that identifies (whether directly or indirectly) a particular individual, such as the individual’s name, postal address, email address and telephone number. When anonymous information is directly or indirectly associated with personal information, this anonymous information also is treated as personal information.
“Anonymous information” means information that does not directly or indirectly identify, and cannot reasonably be used to identify, a particular individual.
“Aggregate information” means information about groups or categories of individuals, which does not identify and cannot reasonably be used to identify a particular individual.
We collect the following categories of information:
- Registration information you provide when you create an account, including your first name and surname, country of residence, date of birth, email address, phone number, username and password.
- Transaction information you provide when you request information from us or enter into agreements or other transactions with us, whether on our Site or otherwise, including your postal address, telephone number, payment information, identity information, and financial information.
- Location information when you visit our Site, including location information either provided by a mobile device interacting with one of our sites or applications (including through beacon technologies), or associated with your IP address, where we are permitted by law to process this information.
- Usage, viewing and technical data, including your device identifier or IP address, when you visit our Site or open emails we send.
3. How We Collect Your Information
- We collect information you provide to us when you request information or services from us, register with us, or otherwise interact with us.
- We collect information through technology, such as cookies and web beacons, including when you visit our sites and applications or use our applications on third-party sites or platforms.
- We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it.
4. How We May Use Your Information
We may obtain personal information from you so we can provide you with information or the services you request. We may use personal information:
- to respond to your inquiries and fulfill your requests;
- to inform you about important information regarding the Site, products or services for which you apply or may be interested in applying for, or in which you are already enrolled, changes to terms, conditions, and policies and/or other administrative information;
- to deliver required notices to you and otherwise communicate with you about your account and transactions with us;
- to process payments to you or to perform or enforce any agreements we may have with you;
- to optimize or improve our products, services, and operations;
- to personalize your experience on the Site;
- to allow you to apply for products or services (for example, to apply for a loan or apply to invest in one of our securities), and evaluate your eligibility for such products or services;
- to verify your identity and/or location (or the identity or location of your representative or agent) in order to allow access to your accounts, conduct online transactions and to maintain measures aimed at preventing fraud and protecting the security of account and personal information;
- to allow you to participate in surveys and other forms of market research, and to administer these activities. Some of these activities have additional rules, which may contain additional information about how personal information is used and shared;
- to assist in verifying your identity and account status;
- for business purposes, including data analysis, audits, developing and improving products and services, enhancing the Site, identifying usage trends and determining the effectiveness of promotional campaigns;
- to send you news, bulletins, marketing materials, or other materials for informational purposes, such as notices of investment opportunities via our Site or updates concerning investments that you have participated in, and other information that is not required to be delivered to you under applicable law (“Informal Information”). Informal Information may take a range of forms, including email, newsletters, or automatic notices generated by our Site. You will receive Informal Information only from us, not from third parties, and you are entitled to opt-out from receiving Informal Information;
- for risk control; for fraud detection and prevention; to comply with laws and regulations; to detect, investigate, and prevent activities that may violate our policies or be illegal; and to comply with other legal process and law enforcement requirements; or
- to allow you to utilize features within our Site.
5. Sharing Your Information with Others
We will not share your personal information with others except in limited circumstances, including:
- We may employ other companies to perform functions on our behalf, such as maintaining the Site, providing services related to the Site, collecting information, responding to and sending email or other correspondence, or other functions that support our business. We may need to share your personal information with these companies. We will share only the personal information necessary for them to perform their functions, and we require them not to use your personal information for purposes other than those requested by us or required by law.
6. Your Controls and Choices
We provide you the ability to exercise certain controls and choices regarding our collection, use, and sharing of your personal information.
- You may correct and update personal information. Applicable law and other agreements you may have with us may require you to correct and update certain personal information, and we ask you to keep your information current.
- You may choose whether to receive Informal Information from us, or whether to participate in surveys and/or questionnaires.
- You may request access to the personal information we hold about you, and that we amend or delete it. Please be aware that if you do not allow us to collect or retain your personal information, we may not be able to provide you with our services or transact business with you. If you request, we will take reasonable steps to delete your personal information, but please note:
- we may be unable to delete this information completely, due to IRS and other legal and contractual requirements applicable to our business, and data backups and records of deletions;
- we are unable to delete personal information that is needed to perform and enforce any agreements we may have with you such as borrowing or investment agreements;
- if you request deletion of your information, you will be unable to use certain features of the Site and any associated services; and
- certain personal information may remain in our databases following the deletion of your account.
7. How We Safeguard Your Personal Information
If we detect unauthorized access, disclosure, use, or modification of personal information, despite these security measures, we will use commercially reasonable efforts to notify affected users in a timely manner if the information at issue is sensitive, in our discretion, using available contact information and using a means of communication we deem most efficient under the circumstances. To the extent applicable law requires steps in addition to those specified above, we will comply with applicable law.
8. Anonymous, Aggregate Information
We use anonymous information to analyze the effectiveness of our Site, in the operation of the Site, and to optimize or improve our products, services, and operations. In addition, from time to time, we may use anonymous information to undertake or commission statistical and other summary analyses of the general behavior and characteristics of users participating in our services and the characteristics of visitors at our Site, and may share anonymous information with third parties. We may collect anonymous information through features of the software that supports our Services, through cookies, and through other means described below.
- IP Addresses; Logs. We may automatically receive and record anonymous information in our server logs from your browser, including your IP address, your computer’s name, the type and version of your operating system and web browser, the presence of other software such as software that may be required to use our Site, and referrer addresses. We may also record page views (hit counts) and other general statistical and tracking information, which may be aggregated with that of other users in order to understand how our Site is being used, and for security and monitoring purposes.
- Cookies. A cookie is a small amount of data, often including an anonymous unique identifier, which is sent to your browser from a website’s computers and stored on your computer’s hard drive. Cookies can be used to provide you with a tailored user experience and to make it easier for you to use a website upon a future visit. We may include cookies on our Site and use them to recognize you when you return to our Site. You may set your browser so that it does not accept cookies. If you do not accept cookies, you may not be able to use certain portions of our Site.
- Tags. We may use so-called “pixel tags” — small graphic images (also known as “web beacons” or “single-pixel GIFS”) — to tell us what parts of our Site have been visited or to measure the effectiveness of searches customers perform on our Site. Pixel tags also enable us to send email messages in a format customers can read, and they can inform us whether emails have been opened, to help ensure that our messages are of interest to our users. Pixel tags may collect personal information and anonymous information. Any personal information will be treated as described above.
9. Children’s Privacy
You must be at least 18 years old to use our Site and services. We do not allow individuals who we know are under 18 to use our Site or services. We do not knowingly collect personal information from children.
10. Changes to This Policy
11. Further Resources
If you wish further information concerning privacy policies in general, and concerning online privacy and security, you should visit the following site: http://www.ftc.gov/privacy/index.html
12. Notice of Privacy Rights to California Residents
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding our disclosure of your personal information to third parties for the third parties’ direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org or write us:
30452 Via Cantabria, San Juan Capistrano, CA 92675
Pursuant to California Civil Code Section 1798.83(c)(2), we do not share your personal information with our affiliates or others for those parties’ direct marketing use unless you elect that we do so.
13. Contact Us
30452 Via Cantabria, San Juan Capistrano, CA 92675